Food & Beverage

  • November 21, 2019

    Monsanto Can't Ditch LA County's PCB Suit

    Bayer AG’s Monsanto Co. and other companies cannot escape Los Angeles County’s bid to recoup costs from the cleanup of polychlorinated biphenyls, a California federal judge ruled Thursday, rejecting the companies’ argument that the allegations are too old.

  • November 21, 2019

    USDA Hemp Rules Pose Problems, Oregon Sens. Say

    Oregon’s Democratic U.S. Sens. Ron Wyden and Jeff Merkley have criticized the U.S. Department of Agriculture's proposed regulations for hemp farming, saying restrictions on THC concentrations and who can test the crops are burdensome.

  • November 21, 2019

    Real Estate Rumors: Michael Shvo, Pepsi, MG3

    A Michael Shvo venture is reportedly on the hunt for as much as $600 million in refinancing for the Coca-Cola building in Manhattan, Pepsi is said to have leased 192,000 square feet in Chicago, and MG3 Developer Group has reportedly dropped $32.65 million on two Florida office buildings.

  • November 21, 2019

    Split Calif. Court Revives Chipotle Diner's Food Poison Suit

    A Chipotle customer who says the restaurant's chicken gave her food poisoning didn't need to determine the specific pathogen that caused her illness to levy claims against the popular franchise, a split California appellate court said in reviving her suit.

  • November 21, 2019

    McDonald's Workers Serve Up Suit Over Violent Customers

    McDonald's push for profits and its inadequate safety measures have caused employees to suffer physical and psychological harm at the hands of violent customers, workers at 13 Chicago restaurants alleged in an Illinois state court suit filed Thursday.

  • November 21, 2019

    CBD Co. Says Potency Labeling Suit Is Too Hazy To Proceed

    A Florida CBD supplement company has asked a federal court to toss a proposed class action claiming its products overstated their cannabidiol content, asserting that the suit made sweeping claims about all of the firm's products based on a single, unverified test.

  • November 21, 2019

    Hot Sauce Maker Should Win TM Suit, Judge Says

    A California federal judge has recommended granting hot sauce maker Tapatío Foods LLC's motion for default judgment against the makers of THC-infused Tíowaxy hot sauce, who were accused of trademark dilution.

  • November 21, 2019

    Deals Rumor Mill: Hudson's Bay, Charles Schwab, DoorDash

    A private equity firm is hoping to usurp the previously announced deal for Hudson’s Bay worth about $1.4 billion, Charles Schwab could pay $25 billion to buy smaller rival TD Ameritrade, and DoorDash is considering a direct listing instead of an IPO. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • November 21, 2019

    House Panel Approves Bipartisan Migrant Farmworker Bill

    The House Judiciary Committee advanced a rare bipartisan immigration bill to the floor on Thursday that would provide migrant farmworkers with a path to legal status in exchange for having businesses check their eligibility for agricultural employment.

  • November 21, 2019

    Bumble Bee Foods Hits Ch. 11 With $925M Bid In Hand

    Canned seafood producer Bumble Bee Foods LLC hit Chapter 11 Thursday afternoon in Delaware with a deal to sell its assets for $925 million and blaming its financial troubles on the fallout from a price-fixing scheme that led to criminal fines and civil lawsuits.

  • November 21, 2019

    REIT Acquires Brookfield Warehouse Operator For $253M

    Americold Realty Trust, a REIT focused on temperature-controlled warehouses, said Thursday it has agreed to acquire the Canadian warehouse operator Nova Cold Logistics from Brookfield Business Partners in a deal worth CA$337 million ($253 million).

  • November 21, 2019

    Aramark Nears Deal To End Suit Over Manager Bonuses

    Aramark Corp. is hashing out the final terms of a deal to settle a proposed class action from a group of managers accusing the Philadelphia-based food giant of reneging on its promises to pay them bonuses in 2018. 

  • November 20, 2019

    Prosus Urges Just Eat Investors To Back Competing £5B Bid

    Prosus on Wednesday urged shareholders of fellow food delivery service Just Eat to support its £4.85 billion ($6.2 billion) offer and reject a planned all-stock sale to Takeaway.com, contending its interloping bid is less risky and that it will be more invested in Just Eat's future.

  • November 20, 2019

    Ex-Chicken Of The Sea Exec Admits Price-Fix Deal At Trial

    Two former Chicken of the Sea executives testified Wednesday that ex-Bumble Bee Foods CEO Chris Lischewski approached them about pricing, with one executive admitting he entered a price-fixing agreement with Lischewski and the other saying he lied about having been in a car accident to avoid the meeting.

  • November 20, 2019

    Shia LaBeouf Must Face Bartender's Assault, Slander Suit

    A California state appeals court has refused to toss a bartender's suit accusing actor Shia LaBeouf of physically threatening him and accusing him of racism in an alcohol-fueled rage when the bartender refused to serve him drinks, saying the actor's conduct is not constitutionally protected.

  • November 20, 2019

    NY Asserts Immunity To Tribal Fishing Rights Suit

    New York has told a federal judge that its sovereign immunity should defeat three Shinnecock Indian Nation members’ suit claiming the state and a county have illegally prosecuted them for fishing near the tribe’s Long Island reservation, while the tribe members argued that state officials aren't entitled to such protection.

  • November 20, 2019

    Restaurant.com CEO Hit With Suit Over 'Self-Interested' Acts

    Two investors in dining deals website Restaurant.com filed a derivative suit Wednesday in Delaware Chancery Court alleging the company’s CEO has engaged in "self-interested" dealings and unjustly enriched himself amid financial struggle that has led to the company being shopped at an undervalued price.

  • November 20, 2019

    Senators Press FDA Nominee On Vaping Flavor Ban

    The Trump administration’s nominee to lead the U.S. Food and Drug Administration told lawmakers on Wednesday that aggressive action is needed to combat the youth vaping crisis but stopped short of saying he was committed to banning e-cigarette flavors.

  • November 20, 2019

    Swiss Miss Hot Cocoa Ingredients Not So ‘Simple,’ Buyers Say

    A proposed class of consumers is taking Conagra Brands Inc. to California federal court, claiming the company deceived them by advertising Swiss Miss hot chocolate as having “simple” ingredients like cocoa while it actually uses heavily processed, alkalized cocoa.

  • November 20, 2019

    GOP Lawmaker's Bill Would Let States Offer Work Visas

    A Republican lawmaker from Utah has proposed legislation in the U.S. House of Representatives that would allow states to offer their own work visa programs.

  • November 20, 2019

    Ex-Duane Morris Atty Angles For Toss Of Fisherman's Suit

    A former Duane Morris intellectual property partner told a California federal court that it should dismiss a suit against him because both he and the former client accusing him of malpractice reside in California, meaning the court has no jurisdiction.

  • November 19, 2019

    ​​​​​​​Juice Seller's Heirs Say Coca-Cola Is Stealing His Story

    Coca-Cola and the heirs of juicemaker Hubert Hansen are facing off in a California bench trial this week over who controls the name and image of the long-deceased juice purveyor, which are used in several brands owned by the beverage giant.

  • November 19, 2019

    'Cooler Heads' Needed In Document Row, Chancellor Says

    A records suit filed by an exchange-traded fund's ousted CEO, who was tagged as being "dispatched from the devil" by the current CEO, should be settled by the parties, the Delaware chancellor urged Tuesday.

  • November 19, 2019

    New Legislation Aims To Restore Buffalo To Indian Country

    A bipartisan group of Congress members introduced legislation Monday aimed at assisting Native American tribes in the protection and conservation of buffalo.

  • November 19, 2019

    Pizza Hut Ignored 'No Delivery' List, Robbed Driver Claims

    A Pizza Hut delivery man who says he was beaten and robbed after his employers ignored a "do not deliver" list has sued parent company Yum Brands Inc. and a Mississippi franchise in federal court.

Expert Analysis

  • 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

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    As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum Riddering.

  • Okla.'s New Facility Audit Law Offers Limited Protections

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    Oklahoma's new Environmental, Health and Safety Audit Privilege Act is designed to encourage voluntary compliance with environmental and occupational health and safety laws, but businesses should understand the limited scope of the immunity and privilege it offers, say Ashlyn Smith and Jake Krattiger of GableGotwals.

  • Wage Ruling Clears Up Tip Questions For Calif. Employers

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    A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Aviation Watch: No Winners In Boeing-Airbus Trade Feud

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    Recently announced U.S. tariffs against a range of European products are just the latest negative consequence of a 15-year trade dispute centering on subsidies to Boeing and Airbus — a conflict that has proven disastrous for all involved, says Alan Hoffman, a retired attorney and private pilot.

  • What To Know Before Moving Your Supply Chain Out Of China

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    U.S. companies moving their supply chains to avoid Chinese tariffs should be aware of the complexities of U.S. Customs and Border Patrol country-of-origin determinations and the scope of U.S. Department of Commerce authority to impose tariffs on Chinese goods that originate outside of China, say attorneys at Covington.

  • NLRB Ruling Further Clarifies Employer Handbook Standards

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    The National Labor Relations Board’s recent LA Specialty Produce decision demonstrates the impact of the board's 2017 Boeing decision on workplace handbook standards and allowed the NLRB to explain certain aspects of the Boeing ruling, says Anthony Glenn at Barnes & Thornburg.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • 2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct

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    Following the U.S. Supreme Court’s Kisor v. Wilkie opinion, which narrowed Auer deference, recent decisions in Pennsylvania and New York federal courts demonstrate that Auer remains intact, even though courts are more closely scrutinizing agencies’ interpretations of their own regulations, says Brent Owen at Squire Patton.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.