Food & Beverage

  • January 22, 2021

    3rd Circ. Upholds Ban On E. Coli-Infested Water Sales

    The Third Circuit ruled Thursday that Pennsylvania environmental regulators properly banned sales of water from springs that were contaminated with E. coli, reasoning that the seller never backed up his claims that his constitutional rights were violated.

  • January 22, 2021

    EPA Seeks To Freeze All Litigation Over Trump-Era Rules

    The U.S. Environmental Protection Agency on Thursday asked the U.S. Department of Justice to pause all litigation over regulations issued under former President Donald Trump, writing in a letter that the agency's new administration would be reviewing the underlying rules.

  • January 22, 2021

    '100% Natural' Charcoal Contains Chemicals, NY Buyer Says

    A New York consumer has hit Royal Oak Enterprises LLC with a proposed class action, accusing the company of fraudulently mislabeling its "100% All Natural Hardwood" charcoal when the product actually contains harmful chemicals and does not deliver a "cleaner burn."

  • January 22, 2021

    Yakama Council Says Wine Cos. Ripped Off Chief's Name

    The Yakama Nation General Council has hit winemakers and sellers with a suit in Washington federal court, claiming the companies have been illegally using the tribe's name and that of 19th-century tribal chief Kamiakin on wines.

  • January 22, 2021

    DC Circ. Tosses Thai Restaurant Workers' Employee Visa Suit

    The D.C. Circuit on Friday affirmed the dismissal of a suit brought by a Thai restaurant and two of its chefs challenging a consular officer's denial of visas to the workers, finding that a U.S.-Thailand treaty doesn't overcome a doctrine barring courts from reviewing such decisions.

  • January 22, 2021

    Cannabis Bill Roundup: A New Slate Of State Pot Reforms

    State legislatures have kicked off their 2021 legislative sessions in capitals across the U.S., introducing and reintroducing a flurry of cannabis-related bills, aimed at everything from worker protections for cannabis patients to full legalization. Here are some of the bills that saw movement in the past week.

  • January 22, 2021

    Ohio AG, Wine Seller Request Settlement In Sales Tax Row

    The Ohio attorney general on Friday asked a federal district court to approve a settlement with Wine.com after the online wine retailer and several others were accused of depriving the state of tax revenue.

  • January 22, 2021

    Ruby Tuesday Approved For Ch. 11 Executive Bonus Plans

    Bankrupt casual eatery chain Ruby Tuesday received court approval Friday for its plan to pay bonuses to a handful of key executives after a Delaware judge said the benchmarks for earning the extra pay provided a performance incentive.

  • January 22, 2021

    Biden Fills Agency Ranks With Climate Fight Veterans

    A former Massachusetts prosecutor with a commitment to climate change issues, law professors and government veterans with extensive Clean Air Act experience and green group litigators are some of the top federal officials who began working in the Biden administration Thursday and Friday.

  • January 22, 2021

    McCarter & English Guides $91M New Jersey Loan

    Ironstate Development has landed $90.5 million in financing from a McCarter & English-counseled lender for a pair of New Jersey multifamily properties, a deal Ironstate's broker Jones Lang LaSalle announced Friday.

  • January 21, 2021

    Biden Inks Order Bolstering Virus Protections For Workers

    President Joe Biden on Thursday instructed federal regulators to quickly boost COVID-19 safety protections for workers, issuing an executive order stating that "science-based guidance" is needed to reduce the risk of contracting the virus.

  • January 21, 2021

    Coronavirus Litigation: The Week In Review

    Verizon has escaped a $28 million lawsuit accusing it of spreading COVID-19, a coronavirus tracking application says Apple blocked it from its App Store to limit competition, and Enterprise wants an appeals court to consider whether the pandemic falls under the WARN Act's natural disaster exception. 

  • January 21, 2021

    DHS, Labor Pull Immigration Rules After Biden Orders Freeze

    The Biden administration delayed asylum restrictions on Thursday and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations.

  • January 21, 2021

    Trader Joe's Claims Atty Rushing Vanilla Flavoring Suits

    Trader Joe's asked a California federal judge on Tuesday to dismiss a class action accusing the grocery giant of mislabeling its vanilla almond cereal, arguing that the suit is the latest in a wave of spurious suits over artificial vanilla flavoring launched by the proposed class's attorneys.

  • January 21, 2021

    High Court Told Biden Order Shows Monument Suit Isn't Moot

    Fishing groups told the U.S. Supreme Court on Thursday that a day one executive order by President Joe Biden including a promise to "restore and expand" national monuments proves that their challenge to presidents' authority to create offshore monuments is ripe for the plucking.

  • January 21, 2021

    Travelers Beats LA Restaurant's Virus Coverage Suit

    A California federal judge granted Travelers Indemnity Co.'s bid to toss a Los Angeles restaurant's suit seeking COVID-19-related loss coverage, ruling that the eatery failed to allege a "direct physical loss" and that coverage is barred by the policy's virus exclusion.

  • January 21, 2021

    McD's Asks To Defend NLRB Decision In Joint Employer Case

    McDonald's asked the D.C. Circuit for a chance to defend a National Labor Relations Board decision that ended closely watched litigation over whether the fast-food giant could be held jointly liable for violations of federal labor law committed by its franchisees.

  • January 21, 2021

    Steak 'N Shake Again Seeks To End Sex Assault Suit

    Steak 'n Shake has asked the Texas Supreme Court to review an intermediate court's order sending a former employee's decade-old sexual assault case against the burger chain to trial, arguing the intermediate court wrongly searched through the case's record for evidence to support its decision.

  • January 21, 2021

    Ill. Waste Co. Worker Says He Was Fired For Water Complaint

    A former Chicago plant operator for Liquid Environmental Solutions claims he was fired for reporting his then-employer to environmental regulators for not properly separating grease from treated water and then discharging unsuitable water to the city.

  • January 21, 2021

    UFCW Demands Instacart Reverse Course On Layoffs

    The United Food and Commercial Workers Union on Thursday condemned a round of layoffs Instacart announced earlier this week that would include the only unionized workers at the company.

  • January 21, 2021

    Weil, Latham Guide PE-Backed Supermarket's $134M IPO Bet

    Supermarket chain Southeastern Grocers on Thursday launched an initial public offering steered by Weil Gotshal & Manges LLP and underwriters counsel Latham & Watkins LLP that could see the company raise roughly $134 million at the midpoint.

  • January 21, 2021

    Post Foods Must Face Suit Seeking Pay For Dressing Time

    Post Foods LLC can't dismiss a lawsuit alleging that the cereal company should pay workers for pre- and post-shift activities, a Michigan federal judge ruled, finding the workers might be eligible for compensation for activities after changing in and out of uniform.

  • January 21, 2021

    Bikini-Latex Clubs Ask Texas Justices To Undo Tax Ruling

    Texas bikini and latex clubs have asked the state's Supreme Court to reverse a ruling upholding a fee on clubs whose dancers cover themselves with liquid latex, arguing that the rule imposing the fee conflicts with statute and legislative intent.

  • January 21, 2021

    MLB Looks To Put Atty On Hook For Ex-Pitcher's Sanctions

    Major League Baseball and its players union urged a California federal judge Thursday to hold a former pitcher-turned-health supplement pitchman in civil contempt for failing to pay court-ordered sanctions in their nine-year fight over a banned growth hormone and asked that his lawyer be made jointly liable for the sanctions.

  • January 21, 2021

    Buyers Drop Suit Over Frito-Lay Flavor False Ad Claims

    Frito Lay Inc. and a proposed class of buyers have agreed to end litigation alleging that the company's cheddar and sour cream chips are misleadingly labeled, asking the California federal judge to dismiss the suit.

Expert Analysis

  • How Rebooted Paycheck Protection Program Works: Part 2

    Excerpt from Practical Guidance
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    Attorneys at Cozen O'Connor analyze key provisions of the U.S. Small Business Administration's two new interim final rules regulating first-draw and second-draw loans under the reinstituted Paycheck Protection Program.

  • 9th Circ. Clarifies What Consumers Must Read On Labels

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    While the reasonable consumer standard for evaluating product packaging disclosures may seem ambiguous, the Ninth Circuit's reliance on the standard in its recent dismissal of false labeling class claims in McGee v. S-L Snacks helps clarify what a consumer must pay attention to on a label, say Robert Guite and Abby Meyer at Sheppard Mullin.

  • How Rebooted Paycheck Protection Program Works: Part 1

    Excerpt from Practical Guidance
    Author Photo

    Attorneys at Cozen O'Connor provide an overview of the recently reinstituted Paycheck Protection Program's provisions for new borrowers to receive loans and existing borrowers to receive additional funding, and the U.S. Small Business Administration's startup of the program.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • Economic Loss Is Key To Pandemic Insurance Suits

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    Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.

  • 6 Changes The Legal Industry Should Prepare For

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    As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Lessons From 2020 Life Sciences Securities Class Actions

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    Life sciences companies can draw important insights from the many dismissal opinions that federal courts issued during 2020 in securities actions arising from adverse U.S. Food and Drug Administration actions and clinical development setbacks, say Yvonne Puig and Peter Stokes at Norton Rose.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • Confusing Damages Issues In Florida 'Improper Fee' Case

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    The Eleventh Circuit's recent decision in Fox v. Ritz-Carlton highlights the open question of what damages are available in "improper fee" cases under the Florida Deceptive and Unfair Trade Practices Act, says Aaron Weiss of Carlton Fields.

  • Food And Beverage Policy Trends To Monitor This Year

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    Companies can expect numerous changes to food and beverage regulation in 2021 — including new leadership at the U.S. Food and Drug Administration and the U.S. Department of Agriculture, more stringent enforcement efforts by the agencies, further use of virtual inspections, and progress in regulatory approvals for hemp and CBD products, say Robert Hibbert and Ryan Fournier at Wiley.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • What Is Insider Trading In The Derivatives Markets?

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    Although derivatives traders are permitted to trade on their own material, nonpublic information to hedge risk, recent U.S. Commodity Futures Trading Commission enforcement actions highlight the distinction between legal and illegal use of nonpublic information unique to these markets, says CFTC Chairman Heath Tarbert.

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