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Food & Beverage
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November 24, 2025
8th Circ. Won't Force Judge's Recusal In Pork Price-Fixing Case
The Eighth Circuit has denied a mandamus petition from Agri Stats Inc. and major pork producers who are seeking a Minnesota federal judge's recusal in price-fixing litigation based on a law clerk's previous work on a related case.
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November 21, 2025
DoorDash Hit With Suit Over Breach Of Customer, Dasher Data
Delivery service DoorDash failed to delete old data and take other necessary steps to protect the personal information of customers, dashers and merchants that was exposed in a recent security breach, according to a proposed class action filed in California federal court.
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November 21, 2025
IP Notebook: Kahwa Mix-Up, WallStreetBets, Hotel California
This round of Law360's look at emerging copyright and trademark issues includes a Federal Circuit case over an obscure tea drink and a nod to the Eagles' "Hotel California" in a precedential decision that is a primer on having an actual intent to use a trademark.
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November 21, 2025
Union Pacific Loses Bid To Keep Fatal Crash Case Federal
Union Pacific Railroad must face in Oregon state court a lawsuit over a crash allegedly caused by an unkept crossing that killed three people, a federal judge ruled, saying the plaintiffs have adequately made claims against an Oregon-based defendant, justifying state court jurisdiction.
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November 21, 2025
NC Farmworker Wage Trial Canceled Amid Proposed Deal
A North Carolina federal judge has called off a December jury trial over claims that Lee and Sons Farms underpaid migrant H-2A workers and forced them to buy inadequate meals, with the parties telling the court there is a proposed settlement.
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November 21, 2025
Trump Excludes Some Brazilian Foods From Higher Tariffs
President Donald Trump has excluded many Brazilian food products from a 40% tariff, including coffee, cocoa, beef and fruits, after receiving word initial progress has been made in ongoing trade negotiations, according to an executive order.
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November 21, 2025
Alaskan Tribes Look To Void Gold Mining Project Permit
Several Alaskan Native communities are asking a federal court to vacate a U.S. Army Corps of Engineers permit and record of decision for a suction dredge mining operation, saying the agency violated a number of federal laws in concluding the project would not harm an ecologically productive estuary.
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November 20, 2025
Starbucks Can't Dump Investors' 'Triple Shot' Strategy Suit
Starbucks and its former CEO can't shed investor class action claims that the company harmed shareholders by concealing its struggles to implement a "reinvention plan," which came to light when the company disclosed that its sales were being harmed by longer waits for customized drinks in its U.S. stores and by fierce competition in China.
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November 20, 2025
Keurig Buyers Denied Class Cert. In K-Cup Antitrust Row
A New York federal judge on Thursday denied class certification to direct purchasers of Keurig K-Cups who accuse the coffee machine company of stifling competition, saying the coffee pod buyers failed to show that common questions predominate those affecting only individual class members, particularly when it comes to antitrust injury.
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November 20, 2025
PTAB Upholds Corteva's Patent For Insect-Repellent Corn
The Patent Trial and Appeal Board has upheld the entirety of a Corteva Agriscience LLC unit's patent directed to an insect-repellent corn plant, following a challenge from Inari Agriculture Inc.
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November 20, 2025
USPTO Decries Instacart's 'Road Mapping' Claim At Fed. Circ.
The U.S. Patent and Trademark Office is urging the Federal Circuit to turn away Instacart's challenge to the agency's relatively new procedures for discretionarily denying Patent Trial and Appeal Board petitions, noting the court recently rejected three similar bids.
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November 20, 2025
Chancery Nixes Toss Of West Coast Diner Failure Suit
Three fiduciaries of a now-shuttered Pacific states restaurant chain and its affiliates must face a claim in Delaware that they breached or aided breaches of fiduciary duties to the venture's Oregon-based affiliate, brought by an investor that pumped $18 million into the business, a vice chancellor ruled on Wednesday.
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November 20, 2025
Big Beer, Bots And Billion-Dollar Bids Top Week's Rumors
Private equity dealmaking and artificial intelligence investment continued to generate a steady flow of market chatter this past week, as reports pointed to fresh fundraising efforts, potential take-private bids, and early-stage talks across the technology, energy and consumer sectors.
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November 20, 2025
1st Circ. Tosses Challenge To Maine Lobster Boat Tracking
The First Circuit has declined to revive a case brought by several Maine lobstermen who said their privacy rights were violated by the state's tracking of their vessels, ruling that the tracking devices were part of administrative searches of a closely regulated industry and do not violate the Fourth Amendment.
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November 20, 2025
DOJ Antitrust Chief Says Agriculture A 'Top Priority'
The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.
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November 19, 2025
Rand Paul Eyes Returning Hemp Policy To The States
Sen. Rand Paul, R-Ky., who unsuccessfully sought to strike hemp ban language from the government spending bill, told Kentucky hemp interests Wednesday that he was considering legislative language that would return the issue to the states.
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November 19, 2025
'Call Your Mother' Deli Kvetches About 'Bubbi' In TM Suit
Call Your Mother, a Washington, D.C., bagel and deli shop with 21 locations, has slapped a federal lawsuit against a New Jersey deli named Call Your Bubbi, saying the names are "confusingly similar," and the trademark infringement is willful.
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November 19, 2025
Nestle Asks 9th Circ. To Nix False Ad Class In Child Labor Suit
Nestle urged the Ninth Circuit on Wednesday to reverse certification of a class of millions of consumers who purchased chocolate labeled "sustainably sourced," saying claims the chocolate is produced through child labor and deforestation are untrue and the question of whether consumers purchased due to the labeling is highly individualized.
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November 19, 2025
Insurer Says Broker Error Bars Claim For Chocolate Spoilage
Aspen American Insurance Co. hit a U.S. affiliate of French pastry retailer Laduree with a federal complaint seeking to void an insurance contract over a shipment of chocolate the company claimed was improperly refrigerated during overseas transit.
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November 19, 2025
Bird Flu An Excuse For Egg Producers To Fix Prices, Suit Says
The nation's five largest egg producers have been using avian flu as a cover for their yearslong conspiracy to artificially inflate their prices without fear of being undercut in the market, a proposed class of consumers claimed Tuesday in Illinois federal court.
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November 19, 2025
Food-Ingredients Sellers Say Buyer Sabotaged $72M Earnout
A holding company and two members of the family that built its subsidiary food business have accused the company's buyer in the Delaware Chancery Court of deliberately stripping them of promised operational autonomy and sabotaging its performance to avoid paying an earnout of up to $72 million.
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November 19, 2025
Sara Lee Falsely Claims 'No Preservatives,' Suit Says
A proposed class of consumers is suing the company behind Sara Lee in New York federal court, alleging its bread products contain citric acid even though the labels indicate they are made without "artificial colors, flavors & preservatives."
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November 19, 2025
Whole Foods' $1M Asbestos Suit Survives Dismissal Bid
Whole Foods can proceed with its $1 million lawsuit over construction work that freed asbestos and forced a store to close temporarily, after a North Carolina Business Court judge ruled the grocer alleged enough to support contract breach claims against a plaza owner and sublessor.
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November 19, 2025
Tribes Challenge Oklahoma Over Hunting, Fishing Rights
A trio of Oklahoma Indigenous nations are asking a federal district court to declare that they have the right to hunt and fish on their reservation lands, arguing that the state is violating their treaty rights and inherent sovereign authority by prosecuting their members.
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November 19, 2025
Campbell's Wants $17M Soup Rack Patent Verdict Tossed
Soup giant Campbell's has asked an Illinois federal judge to throw out a $17.3 million jury verdict that found it had infringed patents related to gravity-operated racks in grocery aisles, saying the racks "indisputably" contain unpatentable elements.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.