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Food & Beverage
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
Kraft Hit With False Ad Suit Over Citric Acid In Mac & Cheese
The Kraft Heinz Food Co. was hit with a proposed class action by a customer who alleges that the company falsely labels its Kraft Mac & Cheese products as containing no preservatives despite citric acid being part of the ingredients list.
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May 20, 2024
Transparency Act Violates Constitution, Groups Tell 11th Circ.
The Corporate Transparency Act's reporting requirements violate the Fifth Amendment's protection against self-incrimination and other constitutional provisions, libertarian think tank Cato Institute and others said Monday in urging the Eleventh Circuit to uphold an Alabama district court's ruling against the law.
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May 20, 2024
FTC Says Albertsons Execs Deleted Texts In Kroger Case
Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.
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May 20, 2024
Fed. Circ. Blesses Commerce's Tariffs On Spanish Olives
The Federal Circuit on Monday upheld the U.S. Department of Commerce's countervailing tariffs on Spanish table olives, backing the department's determination that the businesses that processed raw olives into table olives benefited from the subsidies given to the farmers.
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May 20, 2024
Local Governments Seek Sanctions For PBMs In Opioid MDL
Four municipalities are asking an Ohio federal court overseeing the national opioid litigation to sanction pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., saying they've willfully defied the court's order to provide complete responses to discovery requests.
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May 20, 2024
NLRB Attys Say Mich. Starbucks Injunction Row Must Proceed
The U.S. Supreme Court's pending decision over a National Labor Relations Board injunction standard shouldn't pause a Michigan federal court case against Starbucks seeking reinstatement of fired employees, the board argued Monday, saying a stay would be detrimental to the workers' interests.
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May 20, 2024
Ga. Court Sends Fatal Restaurant Shooting Suit To Trial
The Georgia Court of Appeals on Monday said a lawsuit against an Atlanta-area restaurant and its security company over a 2016 shooting on the premises should proceed to trial.
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May 20, 2024
Agri Stats Can't Pause DOJ Antitrust Suit Discovery
Agri Stats can't press pause on discovery while the Minnesota federal court overseeing the U.S. Department of Justice's antitrust case against it decides whether to toss the enforcement action accusing the data compiler of helping meat processors swap sensitive business information.
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May 20, 2024
Domino's Franchisee Gets Year In Prison In $2.5M Tax Case
The owner of dozens of Domino's Pizza restaurants was sentenced to a year in prison Monday and ordered to pay $2.5 million to the Internal Revenue Service after having admitted he filed false tax returns, the U.S. Department of Justice said.
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May 20, 2024
7-Eleven Says Insurer Must Cover Wrongful Death Suit
The insurer of a Houston 7-Eleven lessee facing negligence claims after one person was fatally shot and another was injured on its property must also cover 7-Eleven corporate in the litigation, the convenience store giant said, though conceding the lessee store's policy didn't specifically include 7-Eleven as an additional insured.
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May 20, 2024
Agricultural Groups Agree To Toss Claim In H-2A Rule Dispute
Several Florida-based agricultural groups agreed to toss a claim in their suit challenging the U.S. Department of Labor's rule raising the wages of H-2A agricultural workers, saying while they still believe the allegation is viable, trimming the suit will expedite the litigation.
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May 20, 2024
Latham Hires 2 Skadden Healthcare Partners In DC
Latham & Watkins LLP has picked up two healthcare and life sciences partners from Skadden Arps Slate Meagher & Flom LLP in Washington, D.C., the firm announced Monday.
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May 20, 2024
Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal
Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.
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May 20, 2024
Justices Reject Hearst's 'Discovery Rule' Petition In Pics Case
The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that found Hearst Newspapers liable for infringing copyrighted photos of Ireland's "Guinness Castle," even though the suit was filed past the three-year statute of limitations.
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May 20, 2024
High Court Skips Fight Over 'Impossible' TM Name
The U.S. Supreme Court on Monday declined a cert petition from Illinois-based marketing consulting firm Impossible X LLC, which had asked the justices to review a Ninth Circuit ruling that revived a trademark complaint against it from veggie-burger maker Impossible Foods Inc.
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May 20, 2024
Red Lobster Hits Ch. 11 Reeling From Endless Shrimp Deals
The Red Lobster seafood restaurant chain has filed for Chapter 11 protection in a Florida bankruptcy court with $294 million in debt and sale plans, saying its problems included its equity owner and shrimp supplier possibly pushing it into a disastrous all-you-can-eat shrimp offer.
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May 17, 2024
Kirkland-Led Hotpot Chain Sizzles In US Listing Debut
Shares of Super Hi International Holdings Ltd. rallied in debut trading Friday after the Singaporean hotpot restaurateur priced a $53 million U.S. initial public offering, represented by Kirkland & Ellis LLP and underwriters' counsel Paul Hastings LLP, marking the latest of several cross-border listings in the U.S. pipeline.
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May 17, 2024
Co-Lead Counsel Named In Baby Food Toxins MDL
A California federal judge has tapped attorneys from Wisner Baum LLP and the Wagstaff Law Firm PC to lead multidistrict litigation alleging products from baby food manufacturers and distributors, including Walmart Inc. and Gerber Products Co., contain toxic metals and caused children to develop autism spectrum disorder and other conditions.
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May 17, 2024
Zero Duty Doesn't Address Exporter's Benefits, Calif. Biz Says
A juice wholesaler's attorney argued Friday that the U.S. Department of Commerce ignored the relationship between a Brazilian lemon juice exporter and its supplier, while calling for higher duties to account for benefits the Brazilian company may have received.
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May 17, 2024
Home Distillers Tell Feds Ban Fails Under Spirit Of The Law
The Hobby Distillers Association said the federal government is exceeding its constitutional powers and treading on states' rights by banning homemade liquor under its taxing authority, as the group laid out its position Friday at the request of a Texas federal judge.
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May 17, 2024
Koch-Tied Group Says Transparency Law Offends Federalism
The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.
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May 17, 2024
EEOC Sues Smithfield Foods In Ga. For Age Discrimination
The U.S. Equal Employment Opportunity Commission filed suit against Smithfield Foods Inc. and Smithfield Fresh Meats Sales Corp. in Georgia federal court on Friday for age discrimination, alleging the companies violated federal law by firing a senior sales employee because of her age.
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May 17, 2024
DOL Fails To Win Order Barring Retaliation On Pork Workers
A Tennessee federal judge rebuffed a request from the U.S. Department of Labor to bar a pork producer from retaliating against workers providing information about wages, ruling that the department had failed to show that any retaliation had occurred.
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May 17, 2024
$5M Candy Recall Coverage Dispute Moved To Texas Court
An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."
Expert Analysis
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.
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What Brands Must Know For Calif. Recycle Label Compliance
A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Harmonizing Agricultural And Clean Energy Goals
Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.
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What's At Stake In High Court NLRB Injunction Case
William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.