Food & Beverage

  • September 23, 2019

    Class Atty Claims Cover-Up In $1.4B Fresh Market Sale

    Independent directors of The Fresh Market "got into a very messy situation and then covered it up" with the company's $1.4 billion take-private sale to Apollo Global Capital in 2015, a stockholder attorney argued Monday during an eight-way Delaware Chancery Court dismissal battle.

  • September 23, 2019

    Nestle Must Face Shoppers’ Suit Over ‘No GMO’ Label

    Nestle can’t dodge a proposed class action alleging the company puts its own, misleading “no GMO ingredients” seal of approval on products, a California federal judge has ruled, finding consumers had sufficiently alleged the label could deceive a reasonable customer.

  • September 23, 2019

    Califia Farms Faces Suit Alleging Deceptive Vanilla Labeling

    An almond milk drinker has hit Califia Farms LLC with a proposed class action in New York federal court, claiming the company misleads customers by prominently labeling its almond milk with the term "vanilla" when the product is almost certainly flavored artificially.

  • September 23, 2019

    Sweetgreen Valued At $1.6B After $150M Financing Round

    Salad fast-food chain Sweetgreen has gobbled up $150 million in a financing round that was co-led by Lone Pine Capital and D1 Capital Partners and values the business at $1.6 billion, the companies said Monday.

  • September 23, 2019

    Bud Fights Limits On Coors Corn Syrup Ads At 7th Circ.

    Bud Light advertisements highlighting MillerCoors’ use of corn syrup in its beer feature the same statements the company has posted publicly for years, so they should not be forced to come down, Anheuser-Busch told the Seventh Circuit on Monday.

  • September 23, 2019

    15 Minutes With Chobani's General Counsel

    Kathy Leo plays a critical role in Chobani's corporate responsibility, which she recently told Law360 includes supporting veterans and signing on to Supreme Court amicus briefs that support progressive policies. Here, the yogurt company's top lawyer shared a lesson about leadership, a responsibility she thinks about daily and her efforts to diversify the legal industry.

  • September 20, 2019

    Jury Rejects Celeb Chef's IP Claims Against Restaurants

    A California federal jury cleared a restaurant chain of liability over claims by its founder, a vegan celebrity chef who sold the chain in 2008, that it harmed her by illegally continuing to use her name and likeness.

  • September 20, 2019

    Tuna Cos. Look To Bar Testimony Over 'Racial Stereotypes'

    Canned-tuna giants StarKist and Chicken of the Sea urged a California federal judge to block class action price-fixing plaintiffs from using an expert witness who relies solely on "cultural and racial stereotypes" about Asians to blur the line between the companies and their corporate parents.

  • September 20, 2019

    Gov't Must Revisit $1.4B Food Contract For Troops Overseas

    The Defense Logistics Agency cannot proceed with a contract worth up to $1.38 billion to supply food to overseas troops after the U.S. Court of Federal Claims ruled that it wrongly credited a Kuwaiti company for owning a warehouse.

  • September 20, 2019

    Brewer Asks 7th Circ. To Revive Rest Of Ontario Beer Case

    A Wisconsin brewery has asked the Seventh Circuit for a rehearing after the court refused to revive pieces of its suit claiming Anheuser-Busch InBev and Molson Coors Brewing Co. conspired to restrict the flow of American beer exports to Ontario, Canada.

  • September 20, 2019

    REIT Choice Properties Selling 30 Assets For $321M

    Choice Properties Real Estate Investment Trust has reached a deal to sell 30 properties for about CA$426 million ($320.8 million), according to an announcement Friday from the Toronto-based REIT.

  • September 20, 2019

    Wis. Tribe's Reservation Wasn't Shrunk, Feds Tell 7th Circ.

    The federal government offered its support to the Oneida Nation as the tribe fights to reverse a determination that its reservation was diminished in size, telling the Seventh Circuit that U.S. Supreme Court precedent shows allotments of tribal land do not shrink reservations. 

  • September 20, 2019

    Corn Dog Co. Sticks Estranged Family's Rival Biz With IP Suit

    The owners of a corn dog stand famously associated with the Texas State Fair are suing estranged family members for allegedly using a shortened version of the brand's name to promote their own corn dogs despite having no connection to the company.

  • September 20, 2019

    Del Monte Wants Coverage In Tainted Veggie Tray Suits

    Del Monte Fresh Produce NA Inc. sued one of its suppliers and its insurance company Friday for full coverage as the fruits and vegetables purveyor battles suits accusing it of fueling a parasite outbreak last year.

  • September 20, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen an investment banker sue his former Mishcon De Reya LLP lawyers following a failed lawsuit against Newcastle F.C.'s billionaire owner, a foreign exchange business drag the head of its Irish operations into court and an Enterprise insurance unit take action against its Greek brokerage arm. Here, Law360 looks at those and other new claims in the U.K.

  • September 19, 2019

    Sausage Biz's Coverage Suit Over Hacker Scam Still Cooking

    A Texas federal judge has ruled that Twin City Fire Insurance Co. wrongfully denied coverage to Quality Sausage Co. and its subsidiary after a hacker tricked an employee into transferring $1 million out of a client's bank account, ruling that the insurer "breached a duty that it owed."

  • September 19, 2019

    Dem, GOP Lawmakers Ask FDA To Clear Path For CBD Retail

    A bipartisan group of 26 members of Congress urged the U.S. Food and Drug Administration in a letter on Thursday to regulate hemp-derived cannabidiol as a dietary supplement and food additive, praising the substance as a new job creating industry.

  • September 19, 2019

    Candy Co.'s DIP Loan Approved Amid Creditors' Cash Worries

    Candy chain Lolli & Pops Inc.’s parent company received Delaware bankruptcy court approval Thursday for a $7 million debtor-in-possession financing package as creditors continue to raise concerns that there may not be enough money to pay administrative costs in the Chapter 11.

  • September 19, 2019

    US Makes First Environmental Claim Under Korean Trade Deal

    The U.S. government on Thursday filed the first-ever environmental claim under its trade agreement with South Korea by accusing Seoul of not doing enough to crack down on illegal fishing operations.

  • September 19, 2019

    Mexican Cos. Ink Tomato Deal Despite Inspection Worries

    Mexican tomato growers on Thursday signed a deal with the U.S. government that will spare their goods from new duties but also subject them to increased border inspections, a provision that had given the growers "serious misgivings" after the deal was announced.

  • September 19, 2019

    Labor Dept. Moves Recruitment Online For H-2A Employers

    The U.S. Department of Labor will no longer require employers to run print ads in newspapers to recruit for open positions before they can hire migrant farmworkers under the H-2A visa program, with the agency announcing it will instead move the process online.

  • September 19, 2019

    Heinz Wants To Join Kraft, Break From Pa. Egg Antitrust Suit

    The former H.J. Heinz Co. wants to split from the other plaintiffs in Philadelphia-based multidistrict litigation over the alleged price-fixing of egg products so its claims can be tried alongside its new corporate partner, Kraft, in Chicago, according to a filing Wednesday in Pennsylvania federal court.

  • September 19, 2019

    Stoner Comedian Cheech Rips Coffee Co. Name In TM Suit

    A New Jersey coffee company is trying to gain fame by using Richard “Cheech” Marin’s famous nickname, according to a new lawsuit that says the coffee peddler’s branding is harshing the comedian’s mellow.

  • September 19, 2019

    Thai Restaurants Ink $3.7M Deal To End Wage, OT Suit

    The operators of a trio of Manhattan Thai restaurants have agreed to pay $3.68 million to settle a suit claiming they flouted the Fair Labor Standards Act and New York state law by not properly paying a group of workers overtime and minimum wage.

  • September 19, 2019

    Landmark's $1M Grain Silo Coverage Suit Is Tossed

    Landmark American Insurance Co. and a fellow insurer can’t try to dodge coverage for a contractor accused of building faulty grain silos yet because an arbitration panel hasn’t finalized its $1 million award against the contractor, a Texas federal judge has ruled in tossing the insurers' suit.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Stats Show Cannabis Patents Are Underutilized

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    Recent case law developments and analysis of U.S. Patent and Trademark Office data reveal that the legal status of cannabis in the U.S. may have depressed inventing vis-a-vis Canada and that design patents are a missed opportunity for cannabis companies, says Joshua Glucoft of Irell & Manella. 

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Drone Deliveries Face Technological, Legal Hurdles

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    After years of anticipation, a handful of companies are getting closer to delivering packages in the United States by drone — but navigational and safety technologies are still maturing, and security, privacy and jurisdictional questions remain, says Caroline Gentry of Porter Wright.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Searching For A Legal Pathway For CBD Products

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    Sales of products containing CBD are booming, but companies selling them are still faced with a regulatory quagmire, struggling to understand how to legally promote, label and distribute CBD consumables in light of gridlock at the U.S. Food and Drug Administration and inconsistent state laws, say attorneys at DLA Piper.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Mich. Bill Adds To States' Trend Of Limiting Noncompetes

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    Although a recently introduced bill that would ban noncompetes in Michigan is unlikely to become law anytime soon, a restriction with respect to low-wage employees is likely at some point based on the nationwide trend of limiting these types of agreements, say Bernie Fuhs and Ziyad Hermiz at Butzel Long.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • Notable Tax Amendments From Pennsylvania’s Budget Bill

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    The recently passed Pennsylvania budget bill included significant changes in the areas of personal income, sales and use, and estate tax, says Jennifer Karpchuk of Chamberlain Hrdlicka.