Food & Beverage

  • March 07, 2024

    IP Forecast: 2nd Circ. To Consider Whether Seltzer Is Beer

    The Modelo brand will head to the Second Circuit next week to argue that a Manhattan jury erred when it found that Corona's flavored seltzer is just about the same as beer in light of a contract that the companies entered. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • March 07, 2024

    Kroger, Albertsons Want Shoppers' Suit To Await FTC Case

    Kroger and Albertsons told a California federal judge Thursday that the Federal Trade Commission's challenge to their $24.6 billion merger should take precedence over a private lawsuit they want paused while the FTC case plays out in Oregon federal court.

  • March 07, 2024

    Hy-Vee Beats Ex-Workers' 401(k) Fee Suit

    An Iowa federal judge granted a win Thursday to Hy-Vee Inc. in a class action accusing it of failing to sufficiently lower its retirement plan's recordkeeping fees, saying the supermarket chain showed it did its due diligence to make sure it didn't run afoul of federal benefits law.

  • March 07, 2024

    Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial

    A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.

  • March 07, 2024

    Judge Delays Final OK For Almond Grower's Ch. 11 Loan

    A California bankruptcy judge Thursday pushed back final approval of $30 million in Chapter 11 financing for almond grower Trinitas Farming by at least another week, saying more time is needed to address his concerns with the loan agreement.

  • March 07, 2024

    FTC Slams 'Unprecedented' 7-Eleven Defense In Agency Suit

    The Federal Trade Commission is calling 7-Eleven's theory that only the U.S. Department of Justice can seek civil penalties for violating commission orders "unprecedented," asking a D.C. federal judge to deny the company's motion to dismiss the commission's suit for allegedly violating a 2018 consent order.

  • March 07, 2024

    Chicken Buyers Bail On Remaining Claims Against Producers

    A class of direct purchasers effectively threw in the towel Wednesday on continuing with class price-fixing claims against Perdue Farms, Claxton Poultry and others, cutting deals that abandon attempts to revive the allegations and allow the buyers to avoid up to $1 million in legal costs they might have owed the major chicken producers.

  • March 07, 2024

    Monsanto, Seattle Spar Over Guardrails For Possible PCB Trial

    Monsanto Co. and Seattle are wrangling over evidentiary matters in the city's suit over PCB pollution in the Lower Duwamish Waterway, with each side asking a Washington federal judge to impose limits for a possible trial that's currently set for September.

  • March 06, 2024

    Pilgrim's Pride Escapes COVID-19 Death Suits, For Now

    A Texas federal judge on Wednesday tossed without prejudice a suit seeking to hold Pilgrim's Pride Corp. liable for the COVID-19 deaths of an employee and the spouse of another worker, saying the plaintiffs failed to specify when the employees were allegedly exposed.

  • March 06, 2024

    Judge OKs McDonald's Atty-Client Privilege In Race Bias Fight

    An Illinois magistrate judge on Tuesday mostly upheld McDonald's attorney-client privilege assertions over internal employee-investigation documents produced by outside counsel at Morgan Lewis & Bockius LLP in a contentious race bias lawsuit by former McDonald's executives against the fast-food giant, finding that McDonald's and the attorney haven't entirely waived privilege.

  • March 06, 2024

    Choice Can Confirm Award Over $61M In Franchisee Claims

    Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.

  • March 06, 2024

    Walmart Gets Chance To Escape $1.8M Injury Verdict

    A New Jersey appellate panel on Wednesday vacated a finding of liability as part of a $1.8 million jury verdict in an injury suit against Walmart, saying erroneous jury instructions warranted a retrial on liability but not damages.

  • March 06, 2024

    La. Drivers Get OT Since They Never Left State, 5th Circ. Told

    An attorney for three delivery drivers urged the Fifth Circuit on Wednesday to revive a lawsuit claiming their Louisiana employer stiffed them on overtime pay, arguing a Fair Labor Standards Act carveout doesn't apply because the men traveled within state lines.

  • March 06, 2024

    Judge May Sit In On Depos In Abbott Formula MDL

    An Illinois federal judge overseeing multidistrict litigation in which Abbott Laboratories' Similac infant formula is alleged to have caused a deadly illness in premature babies said Wednesday she would hold off on appointing a special master following claims of improper deposition conduct, offering to tune in to depositions to help move things along.

  • March 06, 2024

    Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says

    A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.

  • March 05, 2024

    Poland Springs Sued Over Microplastics In 'Natural' Water

    Poland Springs is being falsely marketed as "100% natural spring water," a description that isn't accurate thanks to the "dangerous levels of microplastics" found in the bottled water, according to a proposed class action filed Tuesday in New York federal court.

  • March 05, 2024

    5 Things To Know About CFPB's Cut To Credit Card Late Fees

    The Consumer Financial Protection Bureau's new rule to cut credit card late fees has ignited a banking industry firestorm, with at least one trade group warning it will "imminently" sue. Here are five things to know as the fallout from the rule begins to take shape. 

  • March 05, 2024

    Food Services Co. Beats Hospital Director's Fall Suit

    Food services provider Compass Group USA can't be held liable for injuries a hospital executive suffered after slipping on a spill in the hospital's cafeteria, a New York federal judge ruled, saying "irrefutable video evidence" shows it was hospital employees, not Compass workers, who dropped the food.

  • March 05, 2024

    Coca-Cola Sued Again Over Topo Chico's Margarita Label

    Buyers of The Coca-Cola Co.'s hard seltzer brand Topo Chico Margarita Hard Seltzer have alleged the company misled them into believing the drink contains tequila by labeling it "margarita," and listing "alcohol" and "agave syrup" as ingredients, according to a new putative class action. 

  • March 05, 2024

    Gibson Dunn AI Leader On Weathering The AI Policy Blizzard

    Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.

  • March 05, 2024

    Dam Removal Delay Would Harm Fish, Wash. Tribe Says

    The Puyallup Tribe of Indians is urging a Washington federal judge to reject a hydroelectric company's bid to pause an order directing it to remove part of a temporary rock dam on the Puyallup River, saying any delay would harm protected salmon only to spare the company from its own self-inflicted problems.

  • March 05, 2024

    WTO Backs European Biofuel Curbs Over Malaysian Suit

    The World Trade Organization rejected Malaysia's challenge to the European Union's phasing out of palm oil-based biofuels, ruling Tuesday that the bloc had reasonably limited when member states can count biofuel toward its renewable energy goals.

  • March 05, 2024

    Settlement Cools Off Conn. Pizza Chain's Trademark Fight

    The parties in a long-running trademark dispute involving the Connecticut-based pizza chain Colony Grill, which twice was delivered to the Second Circuit, have permanently dropped their claims against each other in the wake of a recent settlement.

  • March 05, 2024

    Judge Rips THC Drink Co.'s 'Repackaged' Injunction Bid

    A manufacturer of THC- and CBD-infused beverages shouldn't prevail on its second attempt to stop a rival from marketing drinks under an allegedly similar name, an Illinois federal magistrate judge found Monday, writing that the company's second injunction request "simply repackaged and reargued information."

  • March 05, 2024

    Cheese Producer Cops To Selling Listeria-Tainted Products

    A former New York raw milk cheese manufacturer and his company pled guilty Tuesday to introducing cheese into the market that was linked to a deadly outbreak of listeriosis.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

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