Food & Beverage

  • 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.

  • April 10, 2024

    Starbucks Fired Barista For Having Panic Attack, Court Told

    A Starbucks manager berated a barista who suffered from anxiety and depression until he had a panic attack, then fired him, according to a suit filed in Florida federal court.

  • April 10, 2024

    EPA Finalizes First-Ever PFAS Drinking Water Standards

    The U.S. Environmental Protection Agency on Wednesday announced the final version of its first-ever regulatory limits on "forever chemicals" in drinking water, a move the EPA said will be accompanied by nearly $1 billion in new funding for implementation.

  • April 09, 2024

    9th Circ. Says Hotel, Restaurant Virus Losses Not Covered

    The Ninth Circuit on Tuesday said two groups of Washington state restaurants and hotels can't claim COVID-related business losses under their insurance policies because they failed to show they physically lost functional use of their properties as a result of the virus.

  • April 09, 2024

    Dole Escapes Fruit Snack False Ad Suit, For Now

    A California federal judge has tossed a proposed class action accusing Dole Packaged Foods LLC of falsely labeling its fruit snacks as nutritious and healthy when the products are filled with sugar, saying the challenged statements are "puffery."

  • April 09, 2024

    Starbucks' Calif. Stores Lack Lactation Spaces, Suit Says

    A Starbucks employee brought a proposed class action in California state court on behalf of similarly situated workers in the Golden State over the coffeehouse chain's "systemic failure" to provide adequate lactation spaces and sufficient pumping time for nursing employees.

  • April 09, 2024

    StarKist, PE Co. Settle Tuna Price-Fixing Claims For $3.9M

    Canned tuna buyers are hoping to settle their long-running price-fixing suit with StarKist and Bumble Bee, asking a California federal judge for preliminary approval of two class action payouts worth a total of $3.87 million.

  • April 09, 2024

    Lack Of Evidence Kills Pupuseria's Bid For H-2B Line Cooks

    A U.S. Department of Labor appeals board affirmed the rejection of a California pupuseria's request to hire two line cooks under the H-2B temporary foreign worker program, finding that a certifying officer correctly determined that the business failed to show it had a seasonal need for the employees.

  • April 09, 2024

    Challengers To H-2A Wage Rule Denied Extra Discovery

    A federal judge has refused to let agricultural businesses gather more information on the decision-making behind new H-2A agricultural worker minimum wages, rejecting claims that more discovery was warranted in light of a September order allowing the wages to take hold.

  • April 09, 2024

    UK Court Affirms Sweet VAT Ruling For Jumbo Marshmallows

    Jumbo-size marshmallows are not candy like regular marshmallows because they're meant to be roasted, so they qualify for a value-added tax exemption for food, the U.K. Upper Tribunal ruled in upholding a lower court's findings.

  • April 09, 2024

    Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says

    Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.

  • April 09, 2024

    Tenn. Justices Don't Let Trader Joe's Avoid Direct Claims

    The Tennessee Supreme Court has decided not to let Trader Joe's East Inc. escape direct liability and premises liability claims in a slip-and-fall suit by admitting that one of its employees is at fault, saying that the rule the store proposed doesn't fit with the state's comparative fault system.

  • April 09, 2024

    Medieval Times Drops Appeal In TM Battle With Union

    Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.

  • April 08, 2024

    Red Robin Reaches $600K Deal To End EEOC Claims In Wash.

    Red Robin has agreed to pay $600,000 and bolster its anti-sexual harassment policies to end a U.S. Equal Employment Opportunity Commission lawsuit alleging a line cook in Washington state retaliated against female co-workers for objecting to his offensive comments, according to a proposed consent decree filed in federal court in Seattle.

  • April 08, 2024

    H-2A Workers Want OK On $900K OT Deal With Va. Farms

    Two Mexican farmworkers are asking a Virginia federal court to greenlight their $900,000 settlement with an agricultural association and two farms that they say cheated temporary workers out of $2.5 million in overtime pay.

  • April 08, 2024

    Mich. Judge Not Persuaded Wineries' Agritourism Is Speech

    A Michigan federal judge has found a local ban on wineries hosting weddings is not a commercial speech restriction despite the advertising potential of such events, again trimming a contentious zoning dispute ahead of trial. 

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    Pepperidge Farm Distributor Can Keep Delivering Cookies

    Pepperidge Farms will have to keep using a distributor that is suing the cookie company for showing up with six moving vans on a Friday night to seize its inventory, after the California federal judge who handed down the preliminary injunction accused Pepperidge Farms of trying to "hijack" the distributorship.

  • April 08, 2024

    Feds Say Cannabis Cos. Can't Challenge CSA Pot Ban

    The U.S. government is urging a Massachusetts federal court to throw out a suit by several cannabis companies alleging the ban on cannabis under the Controlled Substances Act is unconstitutional, saying they don't have standing to sue because their activities aren't being prosecuted.

  • April 08, 2024

    8th Circ. Upholds NLRB's Broad Remedies Against Meat Co.

    The Eighth Circuit on Monday upheld a National Labor Relations Board decision finding a meat processor in Nebraska illegally bargained in bad faith with a United Food and Commercial Workers affiliate, backing the board's broad remedies order that included reimbursing the union for negotiating expenses.

  • April 08, 2024

    Farmers Want USDA Barred From 'Discriminatory' Aid Choices

    A group of Texas farmers asked a federal judge to bar the U.S. Department of Agriculture from prioritizing minority groups as a part of a distribution scheme for the agency's disaster assistance and pandemic relief programs, saying the programs continue to cause harm to them and the public.

  • April 08, 2024

    Starbucks Drops TM Suit After Fake Websites Go Dark

    Starbucks has agreed to drop a trademark lawsuit claiming a pair of websites ripped off its "twin-tailed siren" logo and other brand material to sell fake franchise deals, saying in a recent Washington federal court filing that the allegedly unauthorized activity has stopped.

Expert Analysis

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Trends Shaping The 2024 Consumer Packaged Goods Industry

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    The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 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.

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