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Food & Beverage

  • January 15, 2019

    EU IP Office Pulls McDonald’s Big Mac TM In Supermac Row

    The European Union Intellectual Property Office has revoked McDonald's International Property Company Ltd.’s EU trademark for the term Big Mac, finding that it was not being put to genuine use, after it was challenged by an Irish fast-food chain called Supermac’s, according to documents filed by the EUIPO Tuesday.

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    Kroger Employees Can't Claim Retaliation In ERISA Suit

    An Illinois federal judge tossed a retaliation claim from Kroger workers' Employee Retirement Income Security Act suit accusing their multiemployer pension plan of wrongly ignoring a proposal that would preserve their benefits, finding that the grocery store workers didn't show that the plan treated them differently after they filed the suit.

  • January 15, 2019

    Drink Co. Wants Bradley Arant DQ'd After Jump To Rival

    A coffee and tea company facing a patent infringement suit over its sweet tea drink told an Alabama federal court its attorneys of nearly a decade at Bradley Arant Boult Cummings LLP dumped the company and entered an appearance for the other side in the case less than an hour later.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Heinz Faces Trademark Suit Over New 'Mayochup' Sauce

    The Kraft Heinz Co. was hit with a trademark lawsuit Monday over its recent launch of a mayonnaise-ketchup spread called "Mayochup," a name that a Louisiana sauce maker says is too much like the "Metchup" he has used for a decade on his similar product.

  • January 14, 2019

    House Ousts Rep. King From Committees Over Race Remarks

    Congressional leaders on Monday condemned Rep. Steve King and stripped him of his seats on the U.S. House of Representatives' Judiciary and Agriculture committees after critics accused the Iowa Republican of making racist comments in an interview with The New York Times.

  • January 14, 2019

    Chobani Defends Sugar Claim, Yet Made Changes To End Suit

    A Chobani executive told a Manhattan federal judge Monday that the company fast-tracked changes to the recipe and packaging of its new drinkable yogurt to try to stop a lawsuit by competitor Dannon, but insisted it didn't mislead shoppers with a label that sparked the suit.

  • January 14, 2019

    Pineapple Farm Blasts Del Monte Fee Award In 11th Circ.

    A Costa Rican pineapple farm urged the Eleventh Circuit on Monday to reverse a ruling ordering it to pay a Monaco-based Del Monte unit’s attorneys’ fees after unsuccessfully challenging a more than $29.3 million arbitration award, saying the lower court erred by imposing the sanctions without jurisdiction and without a finding of bad faith.

  • January 14, 2019

    Doorstep Delivery FLSA Suit Settled After Decertification

    Doorstep Delivery has been able to settle a driver’s Fair Labor Standards Act suit against the food delivery service claiming that he was misclassified as an independent contractor and not properly paid overtime.

  • January 14, 2019

    Romania Says $250M Award Row Must Be Paused

    Romania on Friday again urged a D.C. federal court to pause a lawsuit filed by two Swedish food industry investors to confirm a $250 million arbitral award, arguing that the underlying award against it is invalid and that clarity is needed regarding Romanian insolvency proceedings involving the investors' companies.

  • January 14, 2019

    Calif. Denny's Workers Ask To Send Wage Suit To State Court

    A proposed class of Denny's employees asked a California federal court on Friday to send its wage suit back to state court, arguing that the restaurant company was unable to prove the amount in controversy will likely exceed $5 million, as required by U.S. law.

  • January 14, 2019

    Shell Sues Coke To Recover Costs In Calif. Plant Cleanup Row

    Shell Oil Co. has filed suit against BCI Coca-Cola Bottling Co. of Los Angeles and a variety of other entities seeking to recover cleanup costs related to a site that was once home to a synthetic rubber plant in Torrance, California, saying that others must contribute to costs related to the remediation of soil contamination.

  • January 14, 2019

    Fla. Sports Bar To Face Overtime Suit In Federal Court

    A proposed collective action filed in Florida state court accusing Juana's Latin Sports Bar and Grill of failing to pay its servers the time-and-a-half overtime rate and earned tips was removed to federal court on Friday at the request of the restaurant.

  • January 14, 2019

    Amy's Kitchen Tries To Nix DaVita Dialysis Coverage Suit

    Amy’s Kitchen Inc. has urged a California federal court to toss a suit from health care giant DaVita Inc. accusing the natural foods company’s employee benefit health plan of effectively removing in-network coverage for dialysis, arguing DaVita had been charging unreasonable prices and its claims lacked any legal basis.

  • January 14, 2019

    15 Minutes With Tyson Foods' General Counsel

    Amy Tu, who held in-house roles at Boeing, the Gap and Wal-Mart before leading the legal department at Tyson Foods beginning in 2017, doesn't recall a specific pivotal point when she knew she wanted to become a lawyer. Here, she explains her career path and what she didn't previously realize about the general counsel position, and offers advice to attorneys looking to move into the corporate realm.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 11, 2019

    Justices To Consider FOIA's Exemption 4 In SNAP Grocer Row

    The U.S. Supreme Court agreed Friday to take up a grocery trade group’s appeal claiming an Eighth Circuit decision that allowed a South Dakota newspaper to receive information on participating SNAP businesses requires a closer look at the Freedom of Information Act’s Exemption Four.

  • January 11, 2019

    Judge Sours In Yogurt Co. Fight, Calls Attys 'Children'

    The back-and-forth between Chobani and Dannon in a dispute over the sugar content of the companies' yogurt drinks left a bad taste in the mouth of a New York federal judge, who chided the attorneys for "behaving like small children" Friday in a terse response to a motion.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Tip Credits: Methods For Measuring Employee Work Time

    Elizabeth Arnold

    Recent court decisions and regulatory actions indicate that the employee tip credit landscape appears to be in flux. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC examine scientifically based methodologies used to determine how employees spend their time and to identify time spent on “tippable” work.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • How Retailers Can Avoid Discrimination Claims From Clientele

    Edward Harold

    In a country with an increasingly diverse population of consumers, becoming known as a store that treats minority customers poorly is a surefire way to lose business. Retailers need to understand how these claims can come about in order to prevent the underlying issues, says Edward Harold of Fisher & Phillips LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Shutdown's Messy Impact On Consumer Protection Activities

    Alan Wingfield

    As it appears the federal government shutdown could continue for some time, attorneys with Troutman Sanders LLP discuss its effect on the regulatory and litigation docket for consumer-facing companies.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Patenting Cannabis: A Look At The Numbers

    Glucoft, Josh.jpg

    Despite the substantial growth in cannabis-related patents in the last decade, design patenting appears to be virtually unheard of in the industry, says Joshua Glucoft of Irell & Manella LLP.