Food & Beverage

  • August 07, 2020

    White Castle Can't Dodge Manager's Biometric Privacy Claims

    White Castle lost another bid to dodge a manager's proposed class action alleging the fast-food giant repeatedly violated Illinois' biometric privacy laws when an Illinois federal judge ruled Friday that the claims were not time-barred.

  • August 07, 2020

    Red State AGs Lobby For COVID-19 Business Immunity

    Nearly two dozen Republican attorneys general have banded together to urge federal lawmakers to pass a liability shield for businesses in connection with worker and consumer COVID-19 injury suits.

  • August 07, 2020

    Migrant H-2A Farmworkers Say Co. Underpaid Thousands

    Migrant farmworkers filed a proposed class action against a farm labor contractor in Arkansas federal court Thursday, alleging they came to the U.S. on temporary work visas from Mexico only to be the victims of pervasive wage theft while planting sugar cane throughout Louisiana.

  • August 07, 2020

    Real Estate Rumors: Hales Franciscan, Omninet, Estate

    Hales Franciscan is now reportedly hoping to sell all of its Chicago campus, Omninet Capital has reportedly leased out 28,800 square feet east of Los Angeles to Carmichael International Service, and Estate Investments Group is said to be hoping to build a 23-story mixed-use tower in North Miami Beach.

  • August 07, 2020

    Coronavirus Q&A: Cassin Real Estate Leader

    In this edition of Coronavirus Q&A, one of Cassin's real estate leaders discusses the challenges of building affordable housing amid the pandemic, but also the continued lending activity for those projects from Fannie Mae and Freddie Mac.

  • August 07, 2020

    No Safari In Tanzania For Indicted Chicken Exec, Judge Says

    A chicken company executive indicted in an alleged price-fixing plot can't take a summer trip to Tanzania, a Colorado federal magistrate ruled after prosecutors voiced worries that the defendant's plans for a safari hunt could instead lead to a manhunt.

  • August 07, 2020

    Cattle Group's Challenge To Trump Water Rule Falls Short

    An Oregon federal judge on Thursday refused to block the Trump administration rule narrowing the scope of the Clean Water Act, tossing a challenge to the rule lodged by a ranching industry group.

  • August 07, 2020

    Hotel Asks To Keep Deposit After Buyer Backs Out Over Virus

    The owners of a Pittsburgh boutique hotel and event venue want to keep a prospective buyer's deposit after the buyer walked away from the sale because of the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

  • August 06, 2020

    Emory Law Prof Calls Punishment For Using N-Word Unjust

    An Emory University School of Law professor hit his employer and former boss with a libel and retaliation suit Thursday, telling a Georgia federal court that they wrongfully suspended him and irreparably damaged his reputation after he used the N-word during a torts class in 2018.

  • August 06, 2020

    9th Circ. Upholds Dismissal Of Cliven Bundy Criminal Case

    The Ninth Circuit has affirmed a judge's midtrial dismissal of charges against cattleman Cliven Bundy following revelations of exculpatory evidence, saying prosecutors' evidentiary misconduct was "flagrant," even if unintentional or a result of failures at other agencies.

  • August 06, 2020

    Dr Pepper Nears Win In 'Natural' Applesauce False Ad Fight

    A California federal judge said Thursday she's inclined to toss a proposed class action alleging a Dr Pepper subsidiary falsely advertises its Mott's applesauce as "natural" when it contains trace levels of pesticides, saying organic products can contain pesticides and it's "highly unlikely" that the FDA would impose stricter limits.

  • August 06, 2020

    OECD To Consider Exemptions For New Tax System In Report

    An international consortium of tax officials negotiating a new global taxing system will consider whether to remove prescription drugs from the scope of taxation, as well as an expanded list of exemptions including fishing and agriculture, financial technology and shipping.

  • August 06, 2020

    Fla. Judge Pans Del Monte Bid To Collect On $29M Award

    A Miami-based magistrate judge said Thursday that Del Monte is asking a Florida federal court to exceed its authority by seeking an order allowing it to seize rent payments a fruit grower received in Costa Rica to satisfy an unpaid $29 million arbitration award.

  • August 06, 2020

    NOL Flexibility Remains A Sticking Point In Virus Relief Bill

    Republicans are looking to help farmers by reshaping a newly enacted five-year carryback allowance for net operating losses, while Democrats may be losing ground in their drive to downsize the carryback incentive in legislation addressing economic fallout from the coronavirus.

  • August 06, 2020

    DoorDash Customer Must Arbitrate Calif. Deceptive Tips Suit

    A California federal judge on Wednesday sent to arbitration a lawsuit accusing DoorDash of deceptively using customers' tips to meet minimum base pay for drivers, saying the app-based food delivery company's terms and conditions for all users included a clear and valid arbitration provision.

  • August 06, 2020

    Steak 'N Shake Sues Wilmington Trust To Allow $50M Sale

    Steak 'n Shake Inc. has sued Wilmington Trust to force the bank to let it sell up to $50 million in property holdings, telling a New York federal court their credit agreement "unambiguously" gives the financially stressed restaurant chain the right to sell real estate for cash.

  • August 06, 2020

    Ga. Businesses Now Shielded From COVID-19 Injury Suits

    Georgia Republican Gov. Brian Kemp has enacted a law that shields businesses and health care providers from civil liability for coronavirus-related injury and wrongful death suits.

  • August 06, 2020

    COVID-19 Closure Orders Not 'Physical Loss,' DC Judge Rules

    A District of Columbia judge on Thursday shot down a bid by a group of restaurants in the area to get coverage for business interruptions during the COVID-19 pandemic, ruling that government shutdown orders don't constitute a "direct physical loss" that triggers the policy.

  • August 06, 2020

    PTAB Nixes Most Of Mystery Shopper Patent As Obvious

    The Patent Trial and Appeal Board has invalidated seven of eight claims in a Fall Line Patents invention that tracks so-called mystery shoppers, ruling that existing technology made the majority of the patent, challenged by McDonald's and a host of other food and entertainment companies, obvious.

  • August 06, 2020

    Coronavirus Litigation: The Week In Review

    Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic. 

  • August 06, 2020

    Real Estate Rumors: Nuveen, Pascal's Catering, Amazon

    Nuveen Real Estate has reportedly loaned roughly $60 million for two New Jersey industrial parks, an entity tied to Pascal's Catering is said to have bought a mixed-use property, and Amazon has reportedly finalized a lease for 235,240 square feet in Pennsylvania.

  • August 06, 2020

    'Gruyere' Is Generic Cheese Name, TTAB Rules

    American dairy producers can continue to call their cheese "Gruyere" after the Trademark Trial and Appeal Board ruled Wednesday that the name is a generic term that cannot be locked up by Swiss and French industry groups.

  • August 05, 2020

    Kraft Heinz Sued Over Maxwell House Coffee Content

    Kraft Heinz was hit with a proposed class action Tuesday in Illinois federal court alleging that its Maxwell House coffee cans overstate how many servings of coffee they contain, following a number of similar suits against other coffee companies.

  • August 05, 2020

    Fed. Circ. Backs TTAB's 'Harsh' TM Ruling Due To Misconduct

    The Federal Circuit on Wednesday affirmed the Trademark Trial and Appeal Board's ruling to cancel a "Hollywood Beer" trademark, noting that the case was "peppered with unnecessary filings" by the applicant, who also repeatedly failed to comply with orders from the board.

  • August 05, 2020

    NYC Comptroller Pitches Small-Biz Tax Breaks Amid COVID-19

    New York City's comptroller on Wednesday pitched business income tax credits, elimination of the city's 25% tax on liquor licenses, and tax incentives for retailers in high-vacancy corridors as part of a small-business relief program amid the COVID-19 pandemic.

Expert Analysis

  • Economics Can Inform Biz Interruption Insurance Suits

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    Economic analysis can help courts estimate the relevant damages at issue in pandemic-related business interruption insurance litigation, as well as evaluate the appropriateness of policyholders' claims for collective action, says David Colino at Edgeworth Economics.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • COVID-19 Reveals Tensions In Food Packaging Supply Chain

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    COVID-19 has shone a spotlight on the balance in the food manufacturing and packaging industries between efficiency and the responsibility to meet regulatory standards — and is a reminder that companies that identify alternatives while things go right will benefit greatly when things go wrong, says Daniel Rubenstein at Steptoe & Johnson.

  • What A Biden Administration Could Mean For Employers

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    Presumptive Democratic presidential nominee Joe Biden’s labor and employment policy initiatives would strengthen unions and increase employer mandates, but some policies could benefit companies by creating broader workforce access and supporting retention of existing workers, says Anthony Oncidi at Proskauer.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • COVID-19 Liability Considerations For Nonmedical Businesses

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    While some businesses, especially in the health care sector, have been afforded protection from COVID-19 liability, others have not — so companies should carefully review the state of immunity legislation in their jurisdictions, and consider legal issues around causation, foreseeability, notice and nuisance claims, say Kathleen Carrington and Mitchell Morris at Butler Snow.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Hemp Cos. Should Narrow Filings After TTAB's Stanley Ruling

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    Following the Trademark Trial and Appeal Board's recent rejection of Stanley Brothers' application for hemp oil drops sold as food supplements, companies should keep their CBD product trademark applications strategically specific, say Adam Fox and Joseph Grasser at Squire Patton.

  • What To Expect From 2 EU Commission Digital Antitrust Tools

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    Two recent European Commission proposals for new antitrust enforcement tools will likely result in the imposition of remedies on companies to prevent markets from tipping, as well as potentially reach a wide range of digital and nondigital companies active in the EU, say Maureen Ohlhausen and Paul Lugard at Baker Botts.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • Miss. Justices' Ruling, New Law Inflate State Sales Tax Reach

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    The combination of the Mississippi Supreme Court’s decision in Fitch v. Wine Express, allowing state jurisdiction over out-of-state wine sellers, and the state’s new marketplace facilitator law suggest there may be no meaningful limits on Mississippi's authority to tax remote sellers, says John Fletcher at Jones Walker.

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