Food & Beverage

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    Cannabis Industry Group Praises Hemp Ban In Spending Bill

    A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

  • July 11, 2025

    PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court

    Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.

  • July 11, 2025

    The Biggest TM Rulings Of 2025: A Midyear Report

    Justices overturned a trademark award of more than $40 million in a long-running case in which lower courts put a company's affiliates on the hook for the amount, and a pair of precedential decisions from the Federal Circuit provided guidance on whether colors can be protected trade dress. Here is Law360's list of the biggest trademark decisions so far this year.

  • July 11, 2025

    Stanley Mug Maker Seeks To Dodge Class Suit Over Lid Recall

    The Seattle-based company behind the popular Stanley-brand tumbler is urging a Washington federal judge to throw out a proposed class action from consumers who alleged the company's travel mug is defective, criticizing the plaintiffs' counsel for "sprinting to the courthouse" even though the manufacturer offered replacement lids during a voluntary recall.

  • July 11, 2025

    Taxation With Representation: Davis Polk, Kirkland, Cassels

    In this week's Taxation With Representation, Merck buys U.K. drugmaker Verona Pharma, CoreWeave acquires fellow data center company Core Scientific, Royal Gold acquires Sandstorm Gold and Horizon Copper, and Italian food company Ferrero buys WK Kellogg.

  • July 11, 2025

    Smoke Shop's Default Lifted In Toys R Us Dilution Suit

    A Connecticut federal judge on Friday set aside a default entry against a New Haven e-cigarette and cannabis accessories store accused of tarnishing Toys R Us trademarks, mooting a pending motion for judgment after the defendants retained counsel who appeared in the case.

  • July 11, 2025

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

    This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.

  • July 10, 2025

    9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute

    A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.

  • July 10, 2025

    9th Circ. Upholds Converse's Win In Website Chat Wiretap Suit

    The Ninth Circuit has refused to revive a proposed class action accusing Converse Inc. of allowing a third-party vendor to intercept website visitors' chats, finding that there was "no evidence" that the sneaker maker had violated the California Invasion of Privacy Act.

  • July 10, 2025

    Carma Says Ex-CLO, President Stole Hulk Hogan Beer Ideas

    Carma HoldCo Inc. has filed a $10 million lawsuit in Illinois federal court against its former president and chief legal officer, accusing them of misappropriating its trade secrets and business plans related to "Real American" beer in a partnership with wrestler Hulk Hogan after they were terminated.

  • July 10, 2025

    Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.

    A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.

  • July 10, 2025

    Apple, Visa And Mastercard Beat Payment Fee Collusion Suit

    An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.

  • July 10, 2025

    Original BBQ Joint Lays Claim To TM In Fight With Franchise

    The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.

  • July 10, 2025

    Florida Restaurateur Can't Get Shrimp TM, Fed. Circ. Affirms

    The Federal Circuit on Thursday refused to revive an author and restaurateur's bid to register a trademark for "Yucatán Shrimp" at his Florida eatery named after his crime novels, backing the U.S. Patent and Trademark Office's finding that the mark would be merely descriptive.

  • July 10, 2025

    ​​​​​​​DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices

    The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."

  • July 10, 2025

    Cinemex Theater Co. Gets $2.6M For Operations In Ch. 11

    A Florida bankruptcy judge approved more than $2.6 million to keep a theater company operating in its second Chapter 11 case on Thursday, allowing the funds to pay for critical vendors and goodwill expenses as the business plans another reorganization. 

  • July 10, 2025

    Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages

    Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.

  • July 10, 2025

    Feds Want Cheesesteak Shop Owner's Tax Sentence Restored

    Prosecutors urged a Pennsylvania federal judge to reimpose a nearly two-year sentence on a Philadelphia cheesesteak shop owner who was convicted of paying employees off the books, a request that comes two months after the Third Circuit vacated his prison term.

  • July 10, 2025

    Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit

    The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.

  • July 10, 2025

    Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption

    Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.

  • July 10, 2025

    Ferrero, Kellogg Ink $3.1B Deal Led By Davis Polk, Kirkland

    Italian food company The Ferrero Group has agreed to acquire WK Kellogg Co. in a $3.1 billion all-cash deal, the companies said Thursday, marking a major expansion for Ferrero into the North American breakfast market. 

  • July 10, 2025

    Publix Pushed For Off-Clock Work, Underpaid OT, Suit Says

    Grocery chain Publix pressured a department manager to work off-the-clock to bolster store profits and shorted him on overtime by failing to incorporate bonus pay into its time-and-a-half calculations of his hourly rate, the worker said in a suit filed in Georgia federal court.

  • July 10, 2025

    SpaceX Seeks Record $400B Valuation, Plus More Rumors

    Elon Musk's satellite and rocket maker SpaceX is planning to raise money in a private round that would value the company at a record $400 billion, Starbucks China is seeking bids for a stake sale that could value the chain at $10 billion, plus online fashion giant Shein hopes to salvage its long-awaited IPO by listing in Hong Kong.

Expert Analysis

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Scope And Nature Of Judicial Relief Will Affect Loper's Impact

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    The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Takeaways From FDA's Updated Confirmatory Trial Guidance

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    The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.

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