Food & Beverage

  • May 02, 2024

    Biden Announces $3B To Fund Lead Pipe Replacement

    The Biden administration is distributing $3 billion to states so they can replace lead water pipes that pose a health risk to those who rely on them for drinking water, as part of the larger goal to remove all lead service lines nationwide.

  • May 02, 2024

    Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations

    A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.

  • May 02, 2024

    Calif. Justices To Review Gilead's HIV Drug Negligence Fight

    The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.

  • May 02, 2024

    State Legislators Urge Feds To Change Cannabis' Status

    A coalition of state lawmakers on Thursday urged the heads of the U.S. Department of Justice and its drug enforcement agency to prioritize changing cannabis' status as a highly restricted drug.

  • May 02, 2024

    Dilworth Paxson Attys Disciplined Over NJ Eatery Conflict

    Two Dilworth Paxson LLP partners were sanctioned by the New Jersey Supreme Court this week for investing in a restaurant on the campus of The College of New Jersey at the same time they were legally representing another investment group on the project.

  • May 02, 2024

    Davis Wright Brings On MoFo Appellate Litigator In San Fran

    Davis Wright Tremaine LLP has brought on a former Morrison Foerster LLP partner in San Francisco, strengthening its appellate practice with an experienced appellate litigator who clerked for a U.S. Supreme Court justice, a California Supreme Court justice and other judges, the firm announced Thursday.

  • May 02, 2024

    5th Circ. Asks If Facts Matter In Construction Defect Row

    A Fifth Circuit panel weighed the importance of facts versus the law in a dispute over whether an insurer must indemnify a construction company for a $1.3 million arbitration award for construction defects in a Texas farming cooperative's grain silos.

  • May 02, 2024

    Deals Rumor Mill: Coca-Cola, General Mills, MLB's Giants

    Coca-Cola is preparing an IPO for its African bottling division, cereals giant General Mills is exploring selling its North America yogurt business, and a 5% stake in the San Francisco Giants is up for sale at a price that could value the club at $4 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • May 01, 2024

    3 Takeaways From The DOJ's Cannabis Recommendation

    The marijuana advocacy and business world responded with guarded optimism after the U.S. Department of Justice's announcement this week that it recommended relaxing restrictions on marijuana for the first time in more than 50 years.

  • May 01, 2024

    Senate Dems Reintroduce Bill To Tax And Regulate Cannabis

    Senate Democrats on Wednesday reintroduced a cannabis legalization bill that would remove the drug entirely from the ambit of the Controlled Substances Act and impose a tax-and-regulate scheme akin to what is currently in place for alcohol and tobacco.

  • May 01, 2024

    Judge Finds Engineering Co. Had No Duty In Goya Death Case

    A Texas federal judge has thrown out claims against Zachry Engineering Inc. in a suit by the family of a Goya Foods Inc. worker who died when his forklift hit a pipe and caused him to be sprayed with nearly boiling beans, saying the engineering company had no say in the height of the pipe and was not responsible for making sure it wasn't a hazard.

  • May 01, 2024

    Settlement Ends Texas Man's Injury Suit Against Ga. Winery

    A Texas man and Georgia winery have reached a settlement ending the man's suit alleging he was injured during a 2021 visit when a patio umbrella came out of its stand, fell on him and injured his hands, fingers, thumb and chest.

  • May 01, 2024

    DOL Announces $6.5M For Seasonal Farmworker Housing

    The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.

  • May 01, 2024

    Chipotle Granted Win in Customer Change-Shorting Row

    A Pennsylvania federal judge gave Chipotle Mexican Grill an early win Wednesday in a lawsuit by customers alleging they were stiffed out of change during a coin shortage, finding that because the customers agreed to not receive coin change during their transactions, they can't reasonably argue the fast food giant did anything wrong.

  • May 01, 2024

    Carnival Fails To Ditch 'Far From Perfect' Hot-Soup Suit

    Carnival Cruise Lines can't escape a lawsuit seeking to hold it liable for second- and third-degree burns that a passenger suffered when hot soup spilled on her legs, a Florida federal judge has ruled, saying the complaint — "while not perfect" — gets the job done and can survive at this stage of litigation.

  • May 01, 2024

    Eateries Note 'Fatal' Concession By Insurer In NC COVID Row

    Cincinnati Insurance Co. made a "fatal" concession when it argued that "physical loss" merely requires "some sort of dispossession," a group of 16 restaurants told the North Carolina Supreme Court, urging it to reinstate their COVID-19 coverage win that got reversed on appeal. 

  • May 01, 2024

    Food Supplier Can't Shake Off $5M DOD Bid-Rigging Claim

    A food supplier must face a U.S. Department of Defense agency's efforts to recoup the purported $5 million lost to an ex-employee's bid-rigging scheme, after a contract appeals board ruled the contractor was required to provide fair, unrigged prices.

  • May 01, 2024

    Conn. Attorney Scores Default $85K Win In Legal Bill Feud

    A federal judge has ordered two Colorado companies, one of which claimed to be working on a cryptocurrency exchange, to pay a default judgment of $85,456 after failing to answer a Connecticut firm's claims that they failed to pay nearly $107,000 in legal fees.

  • May 01, 2024

    Simpson-Led Mosaic Selling $1.5B Stake In Saudi Mining JV

    Tampa-based fertilizer producer The Mosaic Co. said it has agreed to sell its 25% stake in a phosphate production joint venture to Saudi Arabian mining firm Ma'aden for more than 111 million shares of Ma'aden worth about $1.5 billion. 

  • April 30, 2024

    Red Bull's NY And NJ Distributor Sues Over Threats To Deal

    The New York and New Jersey distributor of Red Bull sued the energy drink company Tuesday in New Jersey federal court over allegations that it unfairly plans to terminate a 24-year-old distribution agreement, saying its entire business is at stake despite fulfilling all of Red Bull's requirements.

  • April 30, 2024

    Chiquita Capitalized On Colombian War, Victims' Families Say

    Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.

  • April 30, 2024

    Split 9th Circ. Finds San Jose Nuisance Laws Constitutional

    A split Ninth Circuit panel held Tuesday that San Jose, California, did not violate the First Amendment rights of a nightclub operator by suspending its license following a shooting, affirming that the public nuisance provisions and licensing scheme for entertainment venues used by the city are not unlawful prior restraints.

  • April 30, 2024

    Foreign Farmworker Protection Rule Could Frustrate Hiring

    A new U.S. Department of Labor regulation boosting labor protections for H-2A visa workers has industry experts worried that it could frustrate a common practice of sharing employees within the agricultural industry, and pose hiring challenges for farmers and ranchers.

  • April 30, 2024

    Kroger, Albertsons Say FTC Distorts Markets In Merger Case

    Kroger and Albertsons told an Oregon federal court to reject a pending merger challenge by the Federal Trade Commission and a group of states, saying it distorts the competitive landscape for the grocery and labor markets.

  • April 30, 2024

    Welch's Says Worker Should Stay Fired In Dispute With Union

    Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.

Expert Analysis

  • 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.

  • 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.

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