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Food & Beverage
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud
A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
Trade Court Grants Disputed Fish Oil Duty-Free Treatment
The U.S. Court of International Trade on Friday sided with chemical giant BASF in a customs classification case, agreeing that the government should have deemed the company's imports of fish oil as fish extracts, which are entitled to duty-free treatment.
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May 02, 2025
Conn. Burrito Joints Settle Trademark, Cash Raid Suit
Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.
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May 01, 2025
McDonald's Agrees To Drop Price-Fixing Suit Against Cargill
McDonald's Corp. has agreed to drop its claims against Cargill Inc. in litigation accusing major meat processing and packing companies of conspiring to fix beef prices, according to a joint announcement made by the companies.
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May 01, 2025
PepsiCo Owes $2.1M In Tax Penalties, Illinois Panel Affirms
PepsiCo was correctly assessed $2.1 million in penalties for categorizing Frito-Lay expatriates' compensation as foreign payroll that would allow the company's profits to be excluded from state income tax calculations, according to an Illinois Appellate Court panel.
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May 01, 2025
3rd Circ. Backs Charter School In Black Worker's Bias Suit
The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Photo Agency, Country Club Settle Suit Over Prime Rib Picture
A photo licensing company has settled its copyright lawsuit that alleged a Maryland golf and country club used a picture of a prime rib roast in its promotional materials without permission.
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May 01, 2025
Conagra Sued Over Orville Redenbacher 'Naturals' Popcorn
Conagra Brands Inc. tries to profit off health-conscious consumers who prefer natural products by falsely labeling its Orville Redenbacher brand of "Naturals" popcorn as containing only real ingredients, despite containing a synthetic preservative, according to a proposed class action filed Thursday in New York federal court.
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May 01, 2025
NC Chef Says Restaurant Canned Him For Being Trans
The former executive sous chef at a resort restaurant in Flat Rock, North Carolina, claims in a lawsuit that he was terminated for having gender dysphoria and for requesting time off under the Family and Medical Leave Act to recover from gender reassignment surgery.
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May 01, 2025
PE-Backed Hometown Food Nabs Chef Boyardee For $600M
Hometown Food Co., a portfolio company of Holland & Knight LLP-advised private equity shop Brynwood Partners, on Thursday announced plans to acquire the iconic Chef Boyardee brand from Mayer Brown LLP-led Conagra Brands Inc. in a $600 million deal.
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May 01, 2025
Baking Co. Burned For Revealing Recipe After IP Trial Loss
A Pennsylvania federal judge had strong words of warning Wednesday for Bundy Baking Solutions, a baking products company that lost a jury trial over a rival's trade secrets and responded to a motion for a permanent ban by allegedly disclosing some of those same secrets on a public docket.
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May 01, 2025
Sony Eyes $49B Semiconductor Unit Sale, Plus More Rumors
Sony could sell its semiconductor unit for $49 billion, while proxy advisory firm Glass Lewis is considering ending its practice of advising shareholder votes on politically charged topics, and AI startup Nscale plans to raise $2.7 billion in private capital to support the construction of data centers around the world.
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April 30, 2025
VSL Probiotic Buyers Win Class Cert. In RICO Case
A Maryland federal judge has certified 10 classes of customers who bought a knockoff version of a proprietary probiotic formula developed by a professor to treat gastrointestinal ailments, saying in an order unsealed Wednesday the customers all suffered the same alleged injury from buying a product that wasn't the one they expected.
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April 30, 2025
Heir Urges 11th Circ. To Revive Beef Over Boar's Head Shares
The grandson of a Boar's Head Provision Company founder urged the Eleventh Circuit on Wednesday to reverse a ruling that barred his counterclaim challenging transfers of shares to a relative, saying the lower court still needed to determine whether the transaction complied with restrictions.
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April 30, 2025
Colo. Chicken Co. On Hook For $3M Supply Chain Settlement
A Washington federal judge has ordered a Colorado-based poultry processor to reimburse a grocery distributor's $3 million settlement with an ex-Trader Joe's vendor that sued over a bony batch of meat, adding to more than $13.5 million the chicken producer owes following a December trial.
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April 30, 2025
SuperValu Fights New Trial Bid In Whistleblower Drug Case
SuperValu urged an Illinois federal judge Tuesday not to overturn its defense win on whistleblower claims of systematic prescription overbilling, saying the whistleblowers are now making "kitchen sink arguments" with little basis.
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April 30, 2025
Joe Rogan-Backed 'Alpha Brain' False Ad Suit Dropped In NY
A consumer is asking a New York federal judge to dismiss his proposed class action accusing Onnit Labs Inc. of falsely advertising its "Alpha Brain" cognitive supplement, which were previously promoted by podcaster Joe Rogan, as clinically proven to boost memory.
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April 30, 2025
Anheuser-Busch Must Face Trial In $90M SpikedSeltzer Case
Anheuser-Busch must face a jury in a multimillion-dollar contract claim surrounding its 2016 buyout of a hard seltzer product line from its inventors and their investors, a Connecticut trial court judge ruled Wednesday, partially declining the beverage giant's bid for a quick win.
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April 30, 2025
Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case
A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.
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April 30, 2025
Steakhouse Fired Ga. Worker For Reporting Bias, Suit Says
The Brazilian steakhouse chain Fogo De Chão has been sued in Georgia federal court by a former employee who said she was fired after complaining about discrimination she and other Black workers experienced at the chain's Dunwoody, Georgia, location.
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
Fired Whataburger Worker's Bias Case Sent To Arbitration
A Georgia federal judge said Wednesday a Black and gay ex-Whataburger employee should have to arbitrate his claims that he endured racial and homophobic slurs on the job before being fired, saying he signed a valid agreement to handle employment-related disputes out of court.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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How Patent Litigation Is Changing Amid Decline In Filings
Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.