Food & Beverage

  • April 22, 2024

    Jack Daniel's, VIP Hold Firm In Yearslong Dog Toy TM Fight

    Jack Daniel's has told an Arizona federal court that VIP Products LLC's contention that its chewy, poop-themed dog toys in the shape of whiskey bottles do not infringe or dilute Jack Daniel's brand is an old argument, borne from a desire to litigate the case "from scratch" after the U.S. Supreme Court rejected its First Amendment defense last year.

  • April 22, 2024

    Kroger, Albertsons Expand Divestiture Plan

    Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.

  • April 22, 2024

    Congress Can Enact Corp. Transparency, Orgs Tell 11th Circ.

    Congress is empowered to require American companies to report their beneficial owners to the federal government because there is ample evidence they've previously been used to fund hostile foreign actors, evade sanctions and traffic drugs, two think tanks told the Eleventh Circuit in an amici brief.

  • April 22, 2024

    Ralph Lauren Can Continue Appeal Of COVID Coverage Loss

    The Third Circuit on Monday lifted a stay that sidelined a Ralph Lauren Corp. appeal of a district judge's ruling that the fashion retailer failed to show insurable physical damage to stores from the COVID-19 pandemic, sending the case to an appellate motions panel with three similar actions.

  • April 22, 2024

    Calif. High Court Says Pretrial Inmates Can't Get Min. Wage

    The California Supreme Court on Monday ruled that pretrial detainees who work while in jail are not entitled to minimum wage and overtime claims under California's labor law, finding the state's penal code permitting such work covers nonconvicted individuals.

  • April 22, 2024

    Ill. Panel Relieves Insurer Of $8.3M Cracker Caper Judgment

    An insurer was relieved of covering a dispute between cracker manufacturers, an Illinois state appeals panel affirmed, finding allegations of equipment theft that led to an $8.3 million judgment against Distinctive Foods LLC constituted non-covered intentional interference with RyKrisp LLC.

  • April 22, 2024

    Conn. Judge Whittles $1.4M Malpractice Request To $165K

    A Connecticut state court judge has sliced a $1.4 million malpractice bid down to less than $165,000 in a dispute over an attorney's failure to properly secure a loan, citing the client's own negligence and its recovery of most of the money at issue from other sources.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 22, 2024

    Justices Won't Hear Bakery's Arbitration Exemption Case

    The U.S. Supreme Court on Monday declined to again examine a carveout to a federal arbitration law for interstate transportation workers, in a case involving baked goods delivery drivers, after already issuing a decision in a similar case.

  • April 22, 2024

    Justices Won't Weigh If Domino's Drivers Arbitration-Exempt

    The U.S. Supreme Court on Monday passed on reviewing whether Domino's Pizza truck drivers are interstate transportation workers who are exempt from federal arbitration requirements, declining to pave the way for a ruling that could have expanded or narrowed the arbitration carveout.

  • April 19, 2024

    A Cannabis Constitutional Fight, And The Calif. Atty Behind It

    Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.

  • April 19, 2024

    Uber, Lyft Ask Justices To Review Calif. Arbitration 'Loophole'

    Uber Technologies and Lyft Inc. asked the U.S. Supreme Court to review a California appellate court's decision rejecting their efforts to force into arbitration coordinated litigation alleging they misclassified drivers as independent contractors, saying the Golden State is trying to "create a loophole" in the Federal Arbitration Act.

  • April 19, 2024

    Nestlé Strikes Deal Ending Gray-Market Drinks Trademark Row

    Nestlé USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.

  • April 19, 2024

    Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit

    Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Members Say UFCW Delegate System Violates Federal Law

    The United Food and Commercial Workers constitution's method for selecting delegates to its national convention unlawfully dilutes the voting power of members of larger locals while also limiting options for those belonging to smaller locals, members claim in a federal lawsuit filed Friday.

  • April 19, 2024

    Tex-Mex Chain Tijuana Flats' New Owner Puts It In Ch. 11

    Fast-casual Tex-Mex dining chain Tijuana Flats said Friday it has changed ownership and filed for Chapter 11 protection in Florida bankruptcy court with more than $10 million in debt.

  • April 19, 2024

    Pennsylvania Chocolate Factory Sued Over Fatal Explosion

    The estate representing another victim of a 2023 fatal explosion at a Pennsylvania R.M. Palmer chocolate factory has filed suit in state court, claiming the candy company, the gas company and the maker of the plastic gas line all contributed to the catastrophe.

  • April 18, 2024

    Chancery OKs Case Lead For Blue Bell Creameries Suit

    A Delaware vice chancellor on Thursday restored a Blue Bell Creameries Inc. stockholder's widow as lead plaintiff in a derivative suit seeking to hold directors and officers of the ice cream company accountable for deadly food-safety oversight failures in 2015.

  • April 18, 2024

    Mich. High Court Takes Up Insurer Garnishment Dispute

    The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.

  • April 18, 2024

    Qdoba To Pay $3.8M To Wrap Up Wash. Pay Transparency Suit

    Mexican restaurant chain Qdoba will pay $3.8 million to resolve a class action alleging it violated Washington state's pay transparency law when it failed to disclose pay information in job postings, according to a filing in state court.

  • April 18, 2024

    Coffee Bean Hit With ADA Suit Over Costly Milk Alternatives

    The Coffee Bean & Tea Leaf customers hit the coffee chain with a proposed class action Wednesday in California federal court, alleging it discriminates against people with lactose intolerance by requiring consumers to pay a surcharge for dairy-free alternatives.

  • April 18, 2024

    Commerce Chided For Not Explaining Itself In Catfish Cases

    The U.S. Court of International Trade has kicked the final decision in a 2019 review of catfish duties back to the U.S. Department of Commerce, saying the agency flubbed basic administrative law by failing to "show its work" amid crisscrossing claims.

  • April 18, 2024

    3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.

    A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.

  • April 18, 2024

    Mich. Supreme Court To Hear Jet's Pizza Settlement Appeal

    A woman arguing that her settlement with a Jet's Pizza delivery driver should not have snuffed out her vicarious-liability claim against the driver's employer will get a hearing before Michigan's highest court.

Expert Analysis

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    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.

  • Series

    ESG Around The World: Brazil

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    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.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    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.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    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.

  • Harmonizing Agricultural And Clean Energy Goals

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    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.

  • What's At Stake In High Court NLRB Injunction Case

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    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.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    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.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    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.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    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.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    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.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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