Food & Beverage

  • June 11, 2021

    JPML Adds New Suits To Pork Price-Fixing MDL In Minn.

    Minnesota will be the pre-trial home of two more proposed class actions accusing pork suppliers of conspiring to hike up the price of the meat after the U.S. Judicial Panel on Multidistrict Litigation ordered them transferred there from Texas.

  • June 11, 2021

    NLRB Says Food Co. Didn't Illicitly Skip Performance Reviews

    A National Labor Relations Board panel reversed part of an agency judge's conclusion that a food distributor violated federal labor law by failing to issue performance reviews after its workers sought to unionize, saying the company's failure wasn't an unusual departure from its typical practices.

  • June 11, 2021

    NLRB Axes Restaurant Co.'s Mandatory Arbitration Pact

    A subsidiary of the company that operates Maggiano's restaurants violated federal labor law with an arbitration agreement it made its employees sign, the National Labor Relations Board ruled Friday, saying employees could view the agreement as preventing them from filing claims with the board.

  • June 11, 2021

    'Onion Ring' Snack Maker Hit For Failure To Use Real Onions

    The maker of TGI Fridays branded onion rings snacks has been hit in Illinois federal court with accusations that the company unlawfully misleads consumers into thinking its product contains real onions instead of just cornmeal, powder and flavoring.

  • June 11, 2021

    US Lawmakers Seek $60B In Added Restaurant Relief Funds

    A bipartisan group of U.S. lawmakers has introduced a measure to add $60 billion to the Restaurant Revitalization Fund grant program that passed earlier this spring, saying eateries and bars need the second round of relief as they're still struggling to survive the COVID-19 pandemic.

  • June 11, 2021

    Metlakatla Tribe Asks 9th Circ. To Revive Fishing Rights Suit

    The Metlakatla Indian Community has asked the Ninth Circuit to overturn an Alaska federal court decision that said the tribe's previous fishing activities in disputed waters stemmed from lack of government oversight, not permission.

  • June 11, 2021

    McDonald's Reports Data Breach In South Korea And Taiwan

    McDonald's Corp. has joined other U.S. companies in getting hit by a data breach, saying Friday it has learned cyberhackers gained unauthorized access to customers' personal data in South Korea and Taiwan.

  • June 11, 2021

    Brand Battles: Miracle-Gro Aims To Weed Out 'Gromeo' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the company behind Miracle-Gro wants to mow down a Silicon Valley startup's application for a "Gromeo" brand of self-watering planter — plus, three other new cases you need to know.

  • June 11, 2021

    Fla. Restaurants Want 4th Circ. To Revive Virus Coverage Suit

    A Florida family-owned chain of restaurants urged the Fourth Circuit for another shot at obtaining coverage from Colony Insurance Co. for pandemic-related losses, arguing a Virginia federal judge incorrectly found that their properties had to be structurally altered by the coronavirus for there to be a covered physical loss.

  • June 11, 2021

    Insurers Want Golden Corral Franchisees' COVID Suit Tossed

    Three insurers to a group of Golden Corral buffet owners have told an Iowa federal court that the restaurants aren't entitled to coverage of losses they sustained during the COVID-19 pandemic, citing a series of virus exclusions in their policies.

  • June 11, 2021

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

    The past week in London has seen Ukraine's bank deposit protection scheme sue a bank in Liechtenstein, streaming platform Twitch take aim at a viewing bot, and law firm Kennedys files for an injunction against Hiscox.

  • June 11, 2021

    McDonald's Accused Of Owing $800K In Shares, Dividends

    A Massachusetts man who bought a handful of McDonald's Corp. shares nearly 50 years ago is owed more than $800,000 after the company split its stock eight times over the decades without issuing him new shares, according to a federal lawsuit filed Thursday.

  • June 10, 2021

    Domino's Drivers Say Approximate Refund Isn't Close Enough

    Drivers in a suit against a Domino's Pizza franchisee have blasted an Ohio magistrate judge's recommendation that they need only be repaid a "reasonable approximation" of their expenses, arguing that employers can't shift business costs to the point where workers' pay drops below minimum wage.

  • June 10, 2021

    IP Forecast: Amazon To Face A Texas Jury Over Voice IP

    Amazon is set to be the next tech titan to appear in front of the busiest patent judge in the country as U.S. District Judge Alan Albright is scheduled to kick off a jury trial over claims Alexa infringes voice technology patents owned by an Israeli kitchen technology startup. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 10, 2021

    Pa. Chemical Co. Says Patent Dispute Can't Be Arbitrated

    Pennsylvania-based chemical company FMC Corp. is urging a federal court not to toss or force it to arbitrate its dispute with a Swiss Syngenta Corp. unit over an allegedly stolen herbicide formula, saying an arbitration clause in the pact inked by the two companies has expired.

  • June 10, 2021

    Calif. Grocer Group Drops Hazard Pay Rule Challenge

    A grocers' association told the Ninth Circuit it will drop its challenge to an ordinance in the city of Long Beach, California, requiring grocery stores to pay employees a hazard pay premium during the COVID-19 pandemic, after the city let the requirement expire last month.

  • June 10, 2021

    JBS Says It Paid $11M Ransom To Cybercriminals

    Meat supplier giant JBS has said it paid a ransom worth $11 million in response to a cyberattack that disrupted its operations at plants across the U.S., days after Colonial Pipeline Co. revealed that it paid cybercriminals $4.4 million during its own ransomware attack.

  • June 10, 2021

    Travelers Counters 2 LA Restaurants' Virus Coverage Appeals

    A pair of Travelers units asked the Ninth Circuit to reject bids from two Los Angeles luxury restaurants to revive their COVID-19 business interruption lawsuits, arguing that the policies' virus exclusions and their property insurance do not cover pandemic-related losses.

  • June 10, 2021

    3rd Circ. Bars Atty Fees For 'Limited Success' In NJ Wage Suit

    The attorneys who won an unpaid wage suit on behalf of a pair of cooks in New Jersey can't recover nearly $120,000 in attorney fees after their "limited success" in the six-year case netted their clients less than $7,000, the Third Circuit ruled Thursday.

  • June 10, 2021

    Landry's Tells 5th Circ. $20M Data Hack Was A 'Publication'

    A Fifth Circuit panel grappled Thursday with whether a credit card data breach involving Houston-based hospitality chain Landry's Inc. constituted a "publication" that would trigger its insurer's obligation to defend it in a $20 million lawsuit brought by JPMorgan Chase.

  • June 10, 2021

    USTR, AFL-CIO Head Bash WTO For Neglecting Worker Rights

    The U.S. Trade Representative and the president of the country's largest labor organization rebuked the World Trade Organization and other international groups at a roundtable on Thursday for enabling a global "race to the bottom" in workers' rights.

  • June 10, 2021

    COVID-19 Fueled $2.9B Class Action Spending Record

    The COVID-19 pandemic caused spending on class action litigation to rise to $2.9 billion in 2020 from $2.64 billion in 2019, marking the sixth consecutive year such spending has increased, according to a new corporate survey by Carlton Fields.

  • June 10, 2021

    Green Groups Split Over EPA's Request To Review Glyphosate

    Environmental groups are divided on whether the U.S. Environmental Protection Agency should get a chance to reexamine the impacts of glyphosate, the primary ingredient in Monsanto's RoundUp. 

  • June 10, 2021

    Workers Sue Costco Over 'Ominous' COBRA Notice Language

    A former Costco employee lodged a proposed class action claiming he was warned away from signing up for continuing health care coverage after he was fired from his job, alleging the company used unnecessarily threatening language and left out key information.

  • June 10, 2021

    Real Estate Rumors: Black Lion, Webull, Darielle Singerman

    Black Lion Investment has reportedly paid $13.25 million for a Miami retail property, Webull Financial is said to be taking an additional 17,000 square feet in Manhattan and investor Darielle Singerman has reportedly bought a Florida office and warehouse property for $10.5 million.

Expert Analysis

  • Medical Device Cases Show Increased Sunshine Act Scrutiny

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    Recent U.S. Department of Justice and Centers for Medicare & Medicaid Services settlements with two medical device manufacturers signal ramped-up enforcement of the Sunshine Act, highlighting a departure from a historically gentler approach, say Jaime Jones and Brenna Jenny at Sidley.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • How Speedway Deal Might Have Avoided Antitrust Gridlock

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    A close examination of 7-Eleven's Speedway acquisition shows that adding certain language to the deal's closing conditions might have kept it out of prolonged Federal Trade Commission antitrust jeopardy, say attorneys at Cadwalader.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

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