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Food & Beverage
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November 28, 2023
Chinese Biz Escapes Herbal Tea TM Dispute
A New York federal judge has ruled that a Chinese holding company will not have to face a trademark infringement suit over a rival's herbal tea beverage label, finding the company was not responsible for its U.S. licensees' business dealings.
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November 28, 2023
Tribes Seek More Authority In Farm Bill Renewal, Report Says
As federal lawmakers continue to debate the renewal of the 2018 Farm Bill, groups backing Native American agriculture are calling for more support through expanded tribal self-governance authority and reduced barriers that would allow the U.S. Department of Agriculture to better implement its food and nutrition programs.
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November 28, 2023
Bakery Distributors Ask Supreme Court To Wait To Mull Case
Workers who delivered baked goods for Flowers Foods and two subsidiaries told the U.S. Supreme Court that the companies' petition to the high court to review a First Circuit decision denying them arbitration should wait for a similar case.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
McDonald's Asks Justices To Review Workers' No-Poach Case
McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.
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November 27, 2023
Chicken Cos. Urge Justices To Allow Judgment Sharing Deal
Several poultry producers have told the U.S. Supreme Court there's no need for the justices to review provisions of their judgment sharing agreement related to a lawsuit accusing the companies of fixing the price of broiler chicken, arguing the deal is legally sound and may soon become moot anyway.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
Ex-Papa John's Manager Resubmits $5M No-Poach Settlement
A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.
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November 27, 2023
Businessman Vouches For His Affidavit In Hot Dog Biz Fight
A businessman has asked North Carolina's business court not to strike his affidavit from the record in a fight with his one-time partner over their plans to buy up an Ohio hot dog chain, saying it doesn't contradict his prior deposition testimony as his ex-partner has argued.
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November 27, 2023
Ex-Wife Can't Use 'Chocolate Moonshine' Formula, Jury Hears
Christopher Warman Sr. may have learned a fudge recipe from a New England chocolatier, but it was his own tweaks and improvements to that formula that made it a trade secret — one his ex-wife and her new business partners should be barred from using, Warman's attorney told a Pittsburgh jury Monday.
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November 27, 2023
Restaurant Asked For H-2B Waiters Too Late, Judge Says
A Mexican restaurant in Athens, Texas, needed an emergency waiver with its updated request for eight foreign waiters to start immediately, an administrative law judge ruled, backing the U.S. Department of Labor's denial of the application.
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November 27, 2023
Pharma Cos. Taking Discovery Disputes To Alabama Judge
Two pharmaceutical companies embroiled in a suit over allegedly misrepresented fluoride supplements are each asking an Alabama federal judge to step in to help resolve discovery disputes.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
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November 27, 2023
Dems' Victory Lap: Michigan's Biggest Legislation Of 2023
Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.
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November 26, 2023
US Loses Latest Trade Spat Over Canadian Dairy Quotas
A split arbitration panel came down on Canada's side regarding its limits on dairy imports in the second trade dispute launched by the U.S., handing the U.S. a disappointment following its previous victory against the quota system.
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November 24, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Glencore face a claim from collapsed hedge fund Eton Park in the wake of its bribery scandal, the ex-CFO of Peppa Pig and Teletubbies toymaker bring data protection proceedings against the employment barrister who represented him at tribunal, and Delta Airlines check in to fresh trademark proceedings against hotel chain Marriott. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2023
Pa. Supreme Court Preview: Nov. Ends With DA Removal Case
Cross-appeals of Philadelphia District Attorney Larry Krasner's impeachment by the Pennsylvania House of Representatives will lead off November's arguments before the state Supreme Court on Tuesday.
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November 22, 2023
Major Shareholders In Water Co. Can't Dodge Self-Dealing Suit
An Oregon federal judge declined to dismiss a suit from a former minority shareholder of industrial wastewater treatment company PPV Inc. that claimed the majority shareholder engaged in self-dealing by issuing loans to another company, saying the minority holder has rights under state law to pursue his claims.
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November 22, 2023
Taco Bell Worker Says Christmas Party Rife With Sex, Vomit
Taco Bell faces a California state court suit brought by a former employee who accuses the fast-food restaurant of doing nothing about violent threats she received after reporting a booze-fueled Christmas party where she allegedly witnessed co-workers vomiting and openly having sex.
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November 22, 2023
FDA Resource Latest Move To Prevent Baby Formula Scarcity
The U.S. Food and Drug Administration has published a one-page tip sheet for the makers of infant formula and other critical foods to educate the food manufacturing industry about a new requirement mandating that companies plan for supply chain or other disruptions that could impact the availability of infant formula.
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November 22, 2023
FTC Says Total Wine's 'Hyperbole' Can't Halt Docs Demand
Total Wine & More is "more likely" a beneficiary of price discrimination, not a victim, and has been using "hyperbole, misdirection, and unsupported musings to distract" from the fact that it won't comply with the Federal Trade Commission's demand for information, the agency told a Virginia federal court.
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November 22, 2023
Conn. Seeks Ax Of Rest Stop Co.'s Wage Suit Defenses
Connecticut asked a state trial court to toss a highway rest stop operator's series of special defenses in the state's case accusing it of failing to pay food service employees nearly $2.7 million in wages, arguing that the defenses are not legally recognized by state law.
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November 22, 2023
2nd Circ. Shelves Investor Suit Over Hard Seltzer Sales
A Second Circuit panel ruled Wednesday that a New York district court was correct to toss a suit against The Boston Beer Co., the brewer behind Truly Hard Seltzer, that accused the beverage company of hiding declining alcoholic seltzer sales.
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November 22, 2023
John Deere Says Tesla Ruling Backs Repair Case Dismissal
John Deere is wasting no time in pointing to Tesla's recent win in a right-to-repair monopoly case as backing its own right-to-repair defense, asking an Illinois federal judge to consider the Tesla ruling when deciding its suit.
Expert Analysis
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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Employer Takeaways From 2nd Circ. Equal Pay Ruling
The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.