Food & Beverage

  • April 01, 2020

    FTC Sues Altria And Juul, Says $12.8B Deal Hurt Competition

    Altria Group Inc.'s $12.8 billion purchase of a stake in private equity-backed e-cigarette startup Juul Labs Inc. eliminated competition and violated antitrust laws, the Federal Trade Commission said Wednesday in announcing that it filed an administrative complaint against the companies.

  • April 01, 2020

    Anheuser-Busch Parent Gets Australian OK On $11B Unit Sale

    Brewing giant Anheuser-Busch InBev is cleared to move forward with the $11 billion sale of one of its companies to a Japanese rival, after that rival offered conditions that assuaged the concerns of Australia’s competition enforcer.

  • April 01, 2020

    LA Sushi Restaurant Can't Escape 'Hand Roll Bar' TM Suit

    A California federal judge on Tuesday refused to toss a trademark infringement suit brought by the company behind popular Japanese restaurants Sugarfish and KazuNori accusing a Los Angeles sushi bar of ripping off its "Hand Roll Bar" mark.

  • April 01, 2020

    Watchdog Finds Biz Uncertainty Plagues H-2B Visa Program

    Uncertainty surrounding the availability of H-2B guest worker visas makes it difficult for employers to expand operations or predict their business needs, a government watchdog found in a new report published Wednesday.

  • April 01, 2020

    2nd Circ. Hands Chipotle Workers Partial Win In OT Row

    The Second Circuit on Wednesday affirmed a lower court's decision to deny class certification to Chipotle workers in six states claiming they were denied overtime pay, but vacated the court's decision to decertify more than 500 management trainees' collective action on the grounds that their work responsibilities differed too much.

  • April 01, 2020

    Tax Extenders Could Be Candidate For Next Virus Relief Bill

    Despite Congress having just passed $2 trillion in economic relief to mitigate damage from the novel coronavirus pandemic, some lawmakers are already considering another relief bill that could serve as a vehicle to renew expiring tax incentives known as extenders.

  • April 01, 2020

    Pa. Worker's 'Cutting-Edge' Sex Bias Suit Moves Ahead

    A federal magistrate judge on Wednesday refused to toss a heterosexual former Hanover Foods employee’s suit claiming he was harassed and then fired by a manager who thought he was gay, saying the case touched on “cutting edge” issues of anti-bias law.

  • April 01, 2020

    Black Bakery Workers Win Class Cert. In Race Screening Suit

    An Illinois federal judge has certified a class of African American laborers who claim that an industrial baker and the staffing firm it contracted with illegally denied them work, a ruling the workers' lawyers say is the first time that such a racial bias claim has been certified against a staffing agency.

  • April 01, 2020

    EPA Watchdog Confirms Dramatic Enforcement Drop

    Enforcement activities at the U.S. Environmental Protection Agency are down across the board over a recent 10-year period, in some categories by more than 50%, the EPA's internal watchdog said in a report issued Wednesday.

  • April 01, 2020

    StarKist Not Off Hook In 'Dolphin Safe' Tuna Label Suit

    A California federal judge isn't letting StarKist Co. escape a suit alleging it misleads consumers with claims that its tuna products are made with "dolphin safe" methods, saying the company's bid to dismiss the case is based on allegations that the proposed class is not actually making.

  • April 01, 2020

    Upscale NY Grocery Chain Plans Restart With Ch. 11 Case

    Grocery retailer Dean & DeLuca filed for Chapter 11 protection late Tuesday in New York, bringing $275 million of debt to court months after it closed its last stores along with a plan to use new loans to fund a restart of its operations.

  • March 31, 2020

    Fed. Circ. Finds Garlic Farmer's Motive Suspect In Duty Row

    A New Mexico garlic farm can't get the U.S. Department of Commerce to review anti-dumping duties on a Chinese exporter after the Federal Circuit ruled that its interests were influenced by other competing Chinese companies.

  • March 31, 2020

    Enviros Say Calif. Water District Violated Dam Design Order

    Environmental and indigenous groups have accused a California water district of “acting as a law unto itself” by ignoring court deadlines to design fish passages to help the protected steelhead navigate the Vern Freeman Dam.

  • March 31, 2020

    Guaidó Looks To Nix $500M Tortilla Arbitration Award Feud

    Venezuela is urging a D.C. federal judge to toss litigation seeking to enforce an arbitral award of more than $500 million to subsidiaries of Mexican tortilla manufacturer Gruma SAB de CV, saying that opposition leader Juan Guaidó's interim government has been wrongly barred from challenging the award.

  • March 31, 2020

    Monsanto Must Face Baltimore Water Contamination Claims

    Baltimore can proceed with claims that Monsanto Co. must pay for the cleanup of polychlorinated biphenyls it allegedly manufactured for decades from the city's drainage systems and bodies of water, a Maryland federal judge ruled.

  • March 31, 2020

    Law Firm Pay Cuts, Layoffs Will Likely Multiply

    As Cadwalader pauses partner distributions and cuts staff pay and Pryor Cashman furloughs associates, a slew of other firms are likely to follow suit as the legal industry goes into crisis mode to weather the economic storm caused by COVID-19.

  • March 31, 2020

    Dean Foods Sheds More Than $508M In Ch. 11 Asset Sale

    Milk producer Dean Foods said Tuesday that as part of its Ch. 11 proceeding in Texas, it has agreed to sell nearly all of its assets to national dairy farm cooperative Dairy Farmers of America for $433 million as part of a more than $508 million divestment.

  • March 31, 2020

    EEOC Hits Smashburger With Racial Bias Suit

    Smashburger subjected a black employee to a hostile work environment on the basis of race because a restaurant manager repeatedly used racial slurs when speaking to him, the U.S. Equal Employment Opportunity Commission has claimed in a New York federal court suit.

  • March 31, 2020

    9th Circ. Nixes Jack Daniel's TM Win Over Parody Dog Toys

    The Ninth Circuit on Tuesday overturned a ruling that a dog toy called "Bad Spaniels" infringed the trademark rights of Jack Daniel's, saying the toy might not be the "Mona Lisa" but should still have been afforded protection under the First Amendment.

  • March 31, 2020

    JM Smucker Escapes 'Natural' Peanut Butter Claims

    An Ohio federal judge on Tuesday dismissed a proposed class action alleging that J.M. Smucker Co. misleadingly labels its peanut butter as "natural" because it may contain sugar derived from genetically modified beets, finding that the consumers' claims were too speculative to be plausible.

  • March 31, 2020

    2nd Circ. Tosses Dunkin' Customer's 'Angus Steak' Beef

    The Second Circuit on Tuesday sided with Dunkin’ Brands Inc. in a suit alleging the company falsely claimed its breakfast sandwiches contained Angus steak, saying a reasonable Dunkin' Donuts consumer would not expect to be served the kind of intact steak one would find at a sit-down restaurant.

  • March 31, 2020

    MillerCoors, Stone Headed To Trial In Keystone TM Fight

    MillerCoors and Stone Brewing Co. are headed to trial in a trademark lawsuit over packaging for Keystone Light that emphasizes “Stone,” after a judge refused to grant either side an automatic victory.

  • March 31, 2020

    Health Hires: Arnold & Porter, Winston & Strawn, Ice Miller

    Arnold & Porter nabbed a former high-ranking U.S. Food and Drug Administration official who oversaw supply chain safety, and Winston & Strawn LLP added new partners from McDermott Will & Emery LLP and Bristol-Myers Squibb, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • March 31, 2020

    Tucker Ellis Adds Bankruptcy Partner In Chicago

    Tucker Ellis LLP has hired a Goldstein and McClintock LLP bankruptcy attorney to join the firm’s growing litigation practice in Chicago, the firm announced.

  • March 30, 2020

    Amazon, Instacart Workers Strike Over COVID-19 Conditions

    Amazon workers at the company’s Staten Island warehouse and grocery couriers across Instacart's national network walked off the job Monday, with Whole Foods workers poised to follow suit, in an attempt to influence their employers' response to the rapidly spreading coronavirus.

Expert Analysis

  • What COVID-19 Means For Calif. Real Estate And Use Permits

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    In California, the coronavirus pandemic and the state's response have raised important questions for those involved in pending or approved construction projects, as well as existing businesses that require modification or emergency funding, say Stephanie Smith and Avneet Sidhu at Grid Legal.

  • Calif. Ruling Further Weakens Employee Seating Claims

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    The Los Angeles Superior Court’s recent decision that cashiers' job attributes don’t allow them to sit in LaFace v. Ralphs Grocery should strengthen retailers' defenses against suitable seating claims, and give plaintiffs pause over whether, after their sixth straight loss, they are viable, say attorneys at Paul Hastings.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Landlord Lease Enforcement Options During COVID-19

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    As local and state governments continue to impose moratoriums on residential and commercial tenant evictions during the coronavirus pandemic, there are certain steps landlords can take to protect their lease enforcement rights, says Jamie Buggy at Crosbie Gliner.

  • Opinion

    COVID-19 Stimulus Not Enough To Revitalize Alcohol Industry

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    The Coronavirus Aid, Relief and Economic Security Act signed into law last week will provide much-needed funds to struggling on-premise alcohol retailers, but without flexibility in alcohol trade practice regulations, relief for the industry will be limited, says Marbet Lewis at Spiritus Law.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Employer Takeaways From EEOC Virus Screening Guidance

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    Highlighting key elements from the U.S. Equal Employment Opportunity Commission’s recently updated guidance, Isaac Mamaysky at Potomac Law Group explains how employers can communicate with employees about potential COVID-19 exposure without running afoul of the Americans with Disabilities Act.

  • How Cyber Cases Can Inform COVID-19 Business Litigation

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    Businesses hoping to understand their COVID-19 litigation risks, including those involving the impracticability of contracts due to shutdowns, can learn from recent complicated privacy and data litigation, says Christopher Ott at Rothwell Figg.

  • Pandemic-Related Funding Options For Ill. Businesses

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    Christopher Hennessy and Jeremy Glenn at Cozen O'Connor discuss the city, state and federal financial assistance available to Illinois small-business owners in need of emergency funds to maintain operations and pay employees during the COVID-19 pandemic.

  • Pandemic Highlights Flaws In Calif. Worker Classification Law

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    California employers implementing safety measures to prevent the spread of COVID-19 may increase their risk of violating the state’s law that limits independent contractor classification, revealing the need for a public health emergency exception, say Tao Leung and Ashley King at Hogan Lovells.

  • Tips For Cos. Confronting Pandemic Impact On Global Trade

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    Companies can best weather the effects of the pandemic on international trade by taking certain steps related to supply chains, tariff modifications, and export controls and sanctions, while also remaining mindful of the expanding jurisdiction of the Committee on Foreign Investments in the United States, say attorneys at Lowenstein Sandler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • Delaware Dole Ruling Will Guide Allocation In D&O Policies

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    In a dispute between Dole Food and certain excess insurers of a directors and officers insurance policy, the Delaware Supreme Court recently interpreted an explicit allocation provision and articulated a rule that will instruct both insurers and insureds, say Brian Scarbrough and Huiyi Chen at Jenner & Block.

  • Antitrust Rules Still Apply During COVID-19

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    Sellers of scarce and in-demand products might try to leverage the COVID-19 crisis to their advantage, and anti-competitive behavior across industries will not always be obvious, say Lauren Weinstein and Jennifer Fischell at MoloLamken.

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