Food & Beverage

  • April 12, 2024

    Misconduct Doomed Dining Mat Patent Case, Fed. Circ. Rules

    The Federal Circuit on Friday upheld a decision that a maker of toddler dining mats torpedoed its patent case against a rival with "unconscionable" misconduct, and ordered a lower court to reconsider findings that the patent is invalid but not unenforceable.

  • April 12, 2024

    Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

  • April 12, 2024

    Abbott Labs Gets Price Claims Tossed In Baby Formula MDL

    An Illinois federal judge on Friday threw out a suit from parents alleging that Abbott Laboratories benefited from increased prices during a shortage of baby formula kicked off when one of its facilities was shut down, saying they haven't shown that the company's profits during that time were unjustly retained.

  • April 12, 2024

    Bimbo Beats False Ad Suit Over 'All Butter' Entenmann's Cake

    Bimbo Bakeries defeated a proposed class action alleging its Entenmann's brand "All Butter" loaf cake is misleading to customers since the butter taste is partially sourced from artificial vanillin, after a Maryland federal judge said Friday the claims are preempted by the U.S. Food Drug and Cosmetic Act.

  • April 12, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    High Court Keeps Arbitration Exemption's Focus On Workers

    The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.

  • April 11, 2024

    Gerber, Others Must Face Calif. MDL Over Baby Food Toxins

    A group of baby food manufacturers, including Gerber Products Co., Hain Celestial Group Inc. and Beech-Nut Nutrition Co., must face consolidated lawsuits alleging that heavy metals in their products cause autism spectrum disorder and other conditions in California federal court, the Judicial Panel on Multidistrict Litigation ruled Thursday.

  • April 11, 2024

    FTC's Bedoya Looking For Market Power In Pricing Cases

    Federal Trade Commissioner Alvaro Bedoya said Thursday he is most interested in bringing potential cases under the Robinson Patman Act when a company is using its market power to gain an unfair advantage over smaller rivals.

  • April 11, 2024

    Chipotle Pays $2.9M To End Seattle Wage Violation Probe

    Fast-food chain Chipotle has agreed to pay nearly $2.9 million to more than 1,800 workers at eight of its restaurants in Seattle to resolve the city's investigation into employees' allegations that the employer violated local ordinances governing sick pay and scheduling, a city labor agency announced Thursday.

  • April 11, 2024

    Judge Invalidates Software Patents Over Generic Parts

    A Nebraska federal judge ruled Thursday that agricultural software developer AGI Suretrack's claims for a series of software hardware patents were too abstract to be valid.

  • April 11, 2024

    FDA Commissioner Says Congress Must Act On Hemp, CBD

    The commissioner of the U.S. Food and Drug Administration said Thursday that the agency did not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance.

  • April 11, 2024

    Black Workers, Fish Farm Settle Claims Of Migrant Hiring Bias

    Black farmers and a Mississippi-based fish farm have agreed to settle claims that the farm pushed out the U.S. citizen farmers in favor of Mexican migrant workers, they announced to a Mississippi federal court on Thursday.

  • April 11, 2024

    AG Asked To Weigh In On Jack Daniel's TM Dispute

    An Arizona federal judge has certified a constitutional question from VIP Products LLC asking U.S. Attorney General Merrick Garland whether the First Amendment supports the Lanham Act provision authorizing injunctive relief in cases of trademark dilution by tarnishment.

  • April 11, 2024

    Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes

    The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.

  • April 11, 2024

    Vineyard Wind Project Thoroughly Vetted, Feds Tell 1st Circ.

    The federal government on Thursday urged the First Circuit to uphold a Massachusetts federal judge's decision tossing a fishing group's challenge to the Vineyard Wind project, saying it was approved by the U.S. Department of the Interior after extensive analysis.

  • April 11, 2024

    Judge Grants $3.2M In Fees For Wawa Class Counsel

    There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.

  • April 11, 2024

    State Enforcers: Not Joining Fed Cases No Sign Of Opposition

    Several state enforcers said Thursday they choose which antitrust cases being brought by federal enforcers they join based on a number of factors, and it doesn't mean they are opposed to a case if they decide not to join.

  • April 11, 2024

    1st Challenge To NLRB Structure Axed For Lack Of Standing

    A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.

  • April 10, 2024

    No Retrial Over NC Farm Worker's $2.5M Severed Foot Verdict

    A North Carolina farm failed in its bid for a new trial following a $2.5 million verdict against it, a federal judge ruled Wednesday, as a worker who lost his foot to a grain silo auger had enough evidence to support the award.

  • April 10, 2024

    Colo. AG Says Kroger Divestiture Plan Is Best Left For Trial

    Colorado's attorney general wants a state judge to block Kroger and Albertsons from presenting evidence about a new divestiture plan at an upcoming hearing on the state's motion to temporarily block the grocers' merger, claiming the yet-to-be revealed plan is a strategy to "win by ambush."

  • April 10, 2024

    WTO Forecasts Global Trade Rebound But Warns Of Risks

    The World Trade Organization on Wednesday said it is forecasting an uptick in global trade this year and into 2025 following a decline in 2023 due to high energy prices and inflation, but warned that geopolitical tensions could hinder the rebound.

  • April 10, 2024

    Retailer 99 Cents Can Tap $60.8M DIP For Ch. 11 Winddown

    99 Cents Only can access $20.5 million of its Chapter 11 financing package, a Delaware bankruptcy judge ruled Wednesday, after attorneys for the discount retail chain resolved a handful of objections to first day approval of its debtor-in-possession loan.

  • April 10, 2024

    Beer Biz Investors Beg NC Justices To Clear Legal Haze

    Former shareholders looking to revive their fraud suit against the CEO of a beverage company and his wife asked the North Carolina Supreme Court on Wednesday to tie up an unsettled area of fiduciary law, saying a lower court's disparate jurisprudence "cries out" for clarity.

  • April 10, 2024

    'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage

    One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic 

  • April 10, 2024

    Maine Says Lobster Boat Tracking Counts As Legal Search

    Maine's top fisheries' regulator is arguing that newly required electronic location tracking for some lobstering boats is a legal administrative search of commercial premises and has urged a federal judge to toss a lawsuit alleging the rule violates lobster fishers' constitutional rights.

Expert Analysis

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

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