Food & Beverage

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    PDQ Execs Beat Worker Suit Over $12M Kwik Trip Sale Profits

    Four ex-executives of PDQ Food Stores Inc. on Tuesday escaped a proposed retirement benefits class action that an ex-employee brought alleging that the company's former leaders used its 2017 sale to Kwik Trip to pay themselves $12 million, but co-defendant GreatBanc must still face allegations that it allowed the purchases.

  • June 28, 2022

    Shipping Giant Says $2.7M Banana Fight Belongs In SDNY

    Shipping and logistics behemoth MSC Mediterranean Shipping Co. SA has asked the Southern District of New York to step in and block a prominent banana grower from arbitrating its $2.7 million cargo claims, arguing that the claims are "manifestly not subject to any agreement to arbitrate."

  • June 28, 2022

    Feds Back Shoshone Tribe's Hunting Rights At 9th Circ.

    The U.S. Department of the Interior on Tuesday added its voice to the Northwestern Band of the Shoshone Nation's request that the Ninth Circuit overturn an Idaho federal judge's ruling that the tribe doesn't have treaty rights to hunt and fish in its aboriginal lands.

  • June 28, 2022

    Airport Workers, Food Provider Ink $1.3M Time Trimming Deal

    Food service workers at Chicago Midway International Airport asked an Illinois federal judge on Tuesday to give an initial green light to a $1.3 million deal brokered with an airport food provider to resolve their proposed class and collective action alleging that the company trimmed hours from workers' timecards.

  • June 28, 2022

    State AGs Press FDA To Cut Toxic Metals In Baby Food

    Attorneys general from 22 states have urged the U.S. Food and Drug Administration to step up efforts to eliminate toxic metals in baby food, chiding the agency for missing an April deadline to propose limits for lead.

  • June 28, 2022

    Real Estate Rumors: Jepeway, CannonDesign, Lalezarian

    The estate of the late civil rights lawyer Louis Jepeway Jr. has reportedly sold a South Florida retail building for $18.5 million, CannonDesign is said to be leasing 17,000 square feet in New York and Lalezarian Properties has reportedly landed $150 million in financing for a South Florida apartment tower project.

  • June 28, 2022

    8th Circ. Rejects Hotel Operator's Virus Coverage Appeal

    The Eighth Circuit refused to revive a hotel and restaurant operator's COVID-19 business interruption insurance suit against Continental Casualty Co. on Tuesday, finding the company did not show any covered physical loss or damage.

  • June 28, 2022

    Russian Vodka Brands Again Caught Up In $50B Award Fight

    Former shareholders of Yukos Oil Co. said Tuesday that a Dutch appeals court has revived their bid to seize the trademarks of two iconic Russian vodka brands, Stolichnaya and Moskovskaya, as they continue their yearslong effort to enforce $50 billion in arbitral awards against Russia.

  • June 28, 2022

    McDonald's Defeats Ex-Workers' No-Poach Claims

    An Illinois federal court on Tuesday granted a bid from McDonald's to escape claims from ex-workers over the fast-food chain's alleged past use of no-poach provisions in its franchise agreements, saying there was too much competition for their labor to support an antitrust case.

  • June 28, 2022

    Gordon Rees Hires Ex-Fox Rothschild Litigator In Philly, NJ

    A commercial litigation attorney specializing in consumer class action defense has moved her practice to Gordon & Rees LLP's offices in Philadelphia and New Jersey after spending nearly 13 years with Fox Rothschild LLP.

  • June 27, 2022

    Cointreau Settles TM Suit Against Cannabis Co. Canopy

    Liqueur manufacturer Cointreau Corp. has settled its trademark dispute with Cannabis giant Canopy over a CBD-infused sparkling water drink called "Quatreau," according to a notice filed in New York federal court Monday.

  • June 27, 2022

    Biden Issues Tariff Hike On Certain Russian Goods

    The White House announced on Monday that it would raise levies to 35% on certain Russian imports not already prohibited in the U.S., in accordance with its suspension of trade relations with Russia amid the country's war on Ukraine.

  • June 27, 2022

    Ga. Judges Say Dietary Supplement Label Suit Is FDA Issue

    A plaintiff can't pursue his deceptive product labeling case against a Georgia dietary supplement maker because it deals with unanswered questions under the Food and Drug Administration's purview, the Georgia Court of Appeals has held.

  • June 27, 2022

    Tyson Workers Ask 5th Circ. To Revive COVID Safety Suit

    A group of Tyson Foods Inc. workers has asked the Fifth Circuit to revive and send back to state court their lawsuit accusing the company of negligently exposing them to COVID-19 at the beginning of the pandemic, echoing other Tyson workers' arguments that their claims don't belong in federal court.

  • June 27, 2022

    McDonald's Customer Sues Over Mobile App's Payment Glitch

    McDonald's got hit Friday with a proposed class suit seeking refunds for customers who've allegedly had to pay for their orders twice because of a glitch in the company's mobile app that can prevent their card payments from reaching its stores.

  • June 27, 2022

    Jack Daniel's Hits Cider Co. With TM Suit

    Whiskey brand Jack Daniel's has launched a trademark infringement lawsuit in Tennessee federal court claiming a hard cider maker's "Jack's Hard Cider" brand is likely to confuse consumers.

  • June 27, 2022

    High Court Turns Away Teamsters Fund's $58M Pension Suit

    The U.S. Supreme Court declined a Teamsters pension fund's request on Monday to review a ruling that let a wholesale grocer avoid paying $58 million the fund claimed it was owed after a warehouse operator stopped contributing.

  • June 27, 2022

    Biden Orders Agencies To Rein In Illegal Fishing Practices

    President Joe Biden moved to crack down on fishing practices that threaten ocean health, directing federal agencies Monday to fully leverage their regulatory and diplomatic powers to curb illegal, unreported and unregulated fishing.

  • June 27, 2022

    DC Circ. Affirms Romania Must Pay All Of $356M Award

    The D.C. Circuit on Friday affirmed a ruling sanctioning Romania for putting up roadblocks against two Swedish food investors' efforts to enforce a confirmed $356 million arbitral award against the country, rejecting arguments that it's already paid up.

  • June 27, 2022

    Real Estate Rumors: Knighthead, CIM, AcadeMir Charter

    Knighthead has reportedly loaned $13.5 million for a South Florida mixed-use development site, CIM is said to be hoping to build residential and retail space in Los Angeles and AcadeMir Charter Schools has reportedly paid $20.8 million for a South Florida charter school.

  • June 24, 2022

    Joint Juice Slams 'Staggering' $141M Ask For False Ad Verdict

    The maker of Joint Juice drink products on Thursday tore into consumers' request for $141.5 million in damages after a jury found the company misled consumers about the drinks' health benefits, calling it a "staggering amount" that's contrary to the facts of the case and the law.

  • June 24, 2022

    Kosher Certification Co. Says JetBlue's TM Use Isn't Kosher

    A company specializing in certifying kosher food sued JetBlue Airways Corp. in New Jersey federal court Thursday alleging the airline violated its trademark by selling food labeled as having been certified by the company when it was not.

  • June 24, 2022

    Costco Can't Subpoena Itself To Use Chicken Docs In Arb.

    An Illinois federal magistrate judge refused Thursday to let Costco Wholesale Corp. "circumvent" confidentiality protections for documents in a sprawling antitrust lawsuit accusing major chicken producers of price-fixing, documents Costco wanted to use in parallel arbitration against Tyson Foods Inc.

Expert Analysis

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • High Court Rulings Highlight Arbitration Jurisprudence Shift

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    A study of recent U.S. Supreme Court decisions — including last month's Morgan v. Sundance opinion — suggests a move away from the strong federal preference for arbitration toward a strict textual interpretation of the Federal Arbitration Act, say Chelsea Priest and Margaret Allen at Sidley.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • Force Majeure Claims Amid New Supply Chain Disruptions

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    Port tie-ups, labor shortages and other recent supply disruptions will likely prove even more difficult to assert than force majeure claims from earlier phases of COVID-19, and the better bet may be to make claims based on the pandemic, says Neil Schur at Anderson Kill.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • CBD Cos. Must Beware COVID Claims Amid Gov't Scrutiny

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    In light of the latest batch of warning letters issued jointly by the U.S. Food and Drug Administration and Federal Trade Commission, CBD companies should ensure their websites and social media do not make misrepresentations about their products’ ability to treat or prevent COVID-19, says Michelle Bodian at Vicente Sederberg.

  • Untangling A Web Of State Regulations For Cannabis Lounges

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    Though a number of states have legalized adult-use marijuana, progress toward widespread licensing of cannabis consumption lounges has been slow due to high operational costs and regulatory complexities that vary greatly from state to state, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Early Defense Lessons From Surge Of Protein Label Cases

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    While defendants' efforts to defeat two types of protein labeling claims have yielded various results, six recent cases in the Northern District of California are instructive for companies that could face similar challenges in the future, say Olivia Dworkin and Cortlin Lannin at Covington.

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