Food & Beverage

  • January 27, 2022

    Climate Change Swells Crop Insurance Payouts, Report Says

    Crop insurance payouts for drought and excess precipitation have increased dramatically since 1995, according to an analysis released Thursday of U.S. Agriculture Department data from the Environmental Working Group, which is advocating for climate change-related reforms in Congress' next farm bill.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

    The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.

  • January 27, 2022

    Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

    A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.

  • January 27, 2022

    Real Estate Rumors: Lennar, Jubao Xie, Calmwater Capital

    Lennar Homes has reportedly dropped $22.5 million on 25.3 acres in South Florida, developer Jubao Xie is said to be seeking $187 million with the sale of the world's tallest Holiday Inn and Calmwater Capital is said to have loaned $34 million for a Queens, New York, warehouse.

  • January 27, 2022

    Labor Must Face Trimmed H-2B Wage Rule Challenge

    A D.C. federal judge nixed claims in a lawsuit brought by Louisiana crawfish peelers who say the H-2B guest worker program is driving down their pay by allowing employers to submit their own prevailing wage data rather than using figures from the Bureau of Labor Statistics.

  • January 27, 2022

    Customer Drops Claims Uber Eats Overcharged Sales Tax

    A New York Uber Eats customer dropped a proposed class action Thursday that claimed the delivery service overcharged customers because of how it calculates sales taxes with its promotions.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    IRS Agents Can't Escape Meatpackers' Immigration Raid Suit

    A Tennessee federal judge denied dismissal motions Wednesday from some Internal Revenue Service agents in a suit over an immigration raid on a meatpacking plant, ruling that the claims are not time-barred because the agency worked to hide the agents' identities and prevented the plaintiffs from naming them within the initial one-year time frame.

  • January 26, 2022

    Campbell's Foe Seeks Do-Over Of PTAB Win Under Arthrex

    A company suing Campbell Soup Co. over allegedly using knock-off soup can dispensers is taking its patent case to the U.S. Supreme Court, arguing in a petition that last year's landmark Arthrex decision means its initial win at the Patent Trial and Appeal Board was unconstitutional and should never have faced a federal appeals court.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Court Guts Farmer's Suit Over Biden Loan Relief Program

    A Tennessee federal judge on Wednesday cut most of a suit a white farmer filed over President Joe Biden's $5 billion loan relief program for minority farmers, finding that the plaintiff who alleged that the program discriminates against him had failed to show his claims are "fit" for judicial review.

  • January 26, 2022

    No Antitrust Immunity For Mushroom Co-Op In Winn-Dixie Suit

    A Pennsylvania federal judge handed Winn-Dixie Stores a win on Wednesday, finding that even though a mushroom farm cooperative changed its name, the group hasn't done enough to qualify for antitrust immunity in the supermarket company's price-fixing suit.

  • January 26, 2022

    Shkreli Ruling Pokes Holes In Keurig Defense, Rivals Say

    Keurig's coffee competitors have told a New York federal judge that Martin Shkreli's recent $64.6 million loss in a pharmaceutical antitrust case underscores why Keurig should face liability for monopoly conduct.

  • January 26, 2022

    Tyson Asks 5th Circ. To Keep COVID-19 Death Suits Federal

    Tyson Foods Inc. has told the Fifth Circuit a pair of lawsuits accusing the company of wrongfully requiring employees to work without proper safety protocols at the beginning of the COVID-19 pandemic belong in federal court, because the company was following instructions from the federal government at the time.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Insurer Says Dairy Isn't Covered In Biometric Privacy Suit

    A Nationwide unit said it has no duty to defend or indemnify Oberweis Dairy in a proposed class action claiming the company violated employees' biometric data rights, saying coverage does not exist under its commercial general liability policy, according to a complaint in Illinois state court.

  • January 26, 2022

    Viterra Buys Grains Biz From Marubeni Unit For $1.1B

    Agricultural products company Viterra Ltd. said Wednesday it's buying the grain and ingredients business of Gavilon Agriculture Investment Inc. from Japanese conglomerate Marubeni Corp. for about $1.1 billion.

  • January 26, 2022

    Coverage For Eatery's Pandemic Losses Barred By Exclusion

    A Tampa-area restaurant isn't entitled to coverage for pandemic losses it sustained when it closed its doors and its food spoiled, a Florida federal judge found, saying a virus exclusion in its policy barred coverage.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Zurich Seeks Dismissal Of Qdoba's Virus Coverage Claims

    Zurich American Insurance Co. asked a Colorado federal judge to dismiss Qdoba's COVID-19 coverage claims, arguing that neither the presence of the virus nor government orders cause "physical loss of or damage to property."

Expert Analysis

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • What To Do As PFAS Food Packaging Phaseouts Approach

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    Attorneys at Hogan Lovells offer tips on compliance with the transition timeline for the federal phaseout of the chemicals known as PFAS from food packaging, the coming bans in California, New York, Maine, Vermont, Washington, Connecticut and Minnesota, and the states' differing definitions of packaging terms.

  • Context Is Key In Agriculture Equipment Manufacturer Defense

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    Federal policy changes on the horizon could add significant liability to agricultural equipment manufacturers, and when it comes to defending these product liability cases, manufacturers must provide the appropriate context on certain issues like the date of manufacture, so juries can more properly assess the evidence presented, says Reid Carpenter at Lightfoot Franklin.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Import Best Practices Under New Uyghur Forced Labor Law

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    Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block discuss key provisions of the recently enacted Uyghur Forced Labor Prevention Act, and offer compliance strategies that may position importers to demonstrate their supply chains are free from forced labor when the act's provisions presumptively barring many Chinese imports go into effect in June.

  • Opinion

    Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • New Anti-Dumping Rules Both Clarify And Complicate

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    The U.S. Department of Commerce's recent regulatory changes concerning anti-dumping and countervailing duty proceedings refine the process and helpfully eliminate steps for petitioners, but also create new hurdles for nonpetitioning parties, say William Isasi and Jordan Bakst at Covington.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • How Congressional Oversight May Shift In 2022 And Beyond

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    Congressional oversight priorities are likely to be shuffled in 2022 and 2023 given the likelihood that this year’s midterm elections will politically realign one or both chambers, with Democrats seizing on a sense of investigative urgency into issues like emergency loans and government contracts, and Republicans deepening scrutiny of the current administration, say Aaron Cutler and Ari Fridman at Hogan Lovells.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

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