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Food & Beverage
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May 14, 2025
Poultry Workers Seek $138M Atty Fees In Wage-Fixing Case
Workers who reached settlements totaling nearly $400 million over claims that major poultry companies conspired to keep wages low at their plants have urged a Maryland federal court to approve around $138 million in attorney fees and costs, arguing the deal represents the "largest recovery" of its kind for low-wage workers.
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May 14, 2025
Starbucks, Ex-VP Settle $830K Bonus Repayment Suit
Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.
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May 14, 2025
Walmart Hit With $223M Verdict In Trade Secrets Fight
An Arkansas federal jury has awarded Zest Labs Inc. nearly $223 million in a suit that had accused Walmart of swiping the startup's trade secrets related to shelf-freshness technology.
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May 13, 2025
Pot Payment Co. Wants Court To Enforce $1.3M Deal
A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.
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May 13, 2025
Gov't To Restore Climate Webpages After Lawsuit Pressure
The U.S. Department of Agriculture is reversing course and has committed to restore climate change-focused webpages that were taken offline following the January presidential inauguration, according to a court filing in a lawsuit from environmental groups challenging the removals.
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May 13, 2025
Hooters Can Tap Full $40M DIP In Chapter 11
Restaurant chain Hooters can tap the last $30 million of its $40 million Chapter 11 debtor-in-possession loan after it agreed to escrow disputed royalty revenue to quell a creditor's objection during a Tuesday hearing in a Texas bankruptcy court.
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May 13, 2025
Target Slapped With Class Action Over IPhone Warranties
Target Corp. is facing a proposed class action alleging it misled cellphone buyers about who is responsible for repairs, how much repairs cost and the warranty terms for its phones.
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May 13, 2025
Grocery Giants Fight Washington's 'Redundant' $32.4M Fee Bid
Kroger and Albertsons are fighting a bid by Washington's attorney general to recover a record $32.4 million in legal fees for winning a lawsuit to block a $24.6 billion merger of the grocery giants, saying that the state's "go-it-alone" litigation was unnecessary and wasteful because of parallel antitrust action by the Federal Trade Commission.
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May 13, 2025
Texas Investigates General Mills Over Food Coloring In Cereal
Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.
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May 13, 2025
Cannabis Water Co. Escapes $10M Fraud Charges With DPA
A cannabis-infused beverage maker on Tuesday inked a deferred prosecution agreement to resolve charges over its alleged role in a $10 million pump-and-dump scheme, with the deal including compliance provisions but no monetary penalty.
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May 13, 2025
Golden Corral Franchisee Settles Death Suit As Trial Kicks Off
A Golden Corral franchisee on Tuesday reached a settlement with the widow of a man who died after he tripped over a chair leg at a restaurant in Newnan, Georgia, ending the dispute shortly after a jury was seated for trial.
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May 13, 2025
Farberware, Walmart Can't Duck Pressure Cooker Burn Suit
A Pennsylvania federal judge on Tuesday denied Walmart Inc. and Farberware Licensing Co.'s bid to prevail in a suit alleging they sold a defective pressure cooker that erupted and burned a woman using it to make steak.
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May 13, 2025
11th Circ. Eyes Restarting Seafood Workers' ESOP Suit
The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.
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May 13, 2025
Walmart Settles Biometric Privacy Suit Ahead Of June Trial
Walmart and a driver for Walmart's grocery delivery platform have resolved his claims that the platform's identity verification process violates Illinois' biometric privacy law by scanning geometric facial data in their selfies and licenses to authenticate an applicant's identity without informed consent.
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May 13, 2025
Tariffs Blamed For Upstart Wine And Spirits Co.'s Bankruptcy
Oracles Capital Inc., a Florida-based wine and spirits brand investor, filed for bankruptcy in Delaware to quickly sell its assets, saying macroeconomic conditions and wine import tariffs have prevented it from raising new money.
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May 13, 2025
Vegan Restaurant Chain Planta Hits Ch. 11 With Sale Plans
Vegan restaurant chain Planta Group has filed for Chapter 11 protection in Delaware, listing up to $50 million in debt and saying it intends to sell the business as part of the bankruptcy process.
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May 12, 2025
Instacart Beats Investor Suit Over Pre-IPO Business
A California federal judge tossed a shareholder class action accusing grocery delivery company Instacart of misrepresenting its potential in the lead-up to its initial public offering, finding, among other things, that the plaintiffs did not sufficiently plead any actionable misleading statements or that the defendants acted with a motive to deceive investors.
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May 12, 2025
Kraft Heinz, IPS Head To Trial Over $12.5M Project Dispute
Neither Kraft Heinz Co. nor contractor Industrial Power Systems Inc. can avoid continuing toward a trial in their dispute over cost and time overruns on a $12.5 million project to upgrade an Ohio production facility, after a federal judge denied both sides' motions for summary judgment Monday.
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May 12, 2025
Wiretap Evidence Allowed In $200M Forced Labor Case
A Georgia federal judge has accepted a magistrate judge's recommendation that wiretap evidence be allowed into the prosecution of an alleged $200 million international forced labor scheme.
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May 12, 2025
Pet Treat Maker Doesn't Fully Pay Employees, Suit Says
A pet product manufacturer with locations in Illinois and Colorado has been hit with proposed class and collective accusations in federal court in Chicago that the company illegally fails to pay employees for key work tasks they perform before and after their shifts.
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May 12, 2025
Walmart, Transportation Manager End OT Suit
Walmart and a transportation operations manager have agreed to end the worker's suit in Georgia federal court accusing the retailer of misclassifying her as overtime-exempt under the Fair Labor Standards Act, according to a joint filing Monday.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Proskauer, Cooley Guide Up To $880M Hand Sanitizer Deal
Arm & Hammer owner Church & Dwight Co. Inc. said Monday it has agreed to acquire fast-growing hand sanitizer brand Touchland for up to $880 million, in a deal steered by Proskauer Rose LLP for Church & Dwight and Cooley LLP for Touchland.
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May 12, 2025
2nd Circ. Sides With Subway In Russia Franchisee Arbitration
The Second Circuit on Monday affirmed two arbitration awards that allowed sandwich chain Subway International BV to sever ties with its former Russian franchise owner.
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May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit
An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
Expert Analysis
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Nutraceutical Patent Insights As Market Heats Up
Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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What May Have Led Calif. Voters To Reject Min. Wage Hike
County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars at Edgeworth Economics.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis
The Ninth Circuit’s upcoming decision in Hara v. Netflix, about what it means to be source-identifying, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Tracking The Uncertainty Of The FTC's Negative Option Rule
The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.