Food & Beverage

  • May 16, 2025

    Insurer Asks 7th Circ. To Revise BIPA Coverage Ruling

    A Hanover Insurance unit urged the Seventh Circuit on Friday to revise a ruling that it must indemnify a condiment manufacturer in an underlying biometric privacy suit if notice was timely, saying the court improperly relied on a settlement that wasn't part of the trial record.

  • May 16, 2025

    Oregon Distillery Seeks Ch. 11 Loan To Reassure Vendors

    Citing an emergency need for a shot of cash, an insolvent Oregon whiskey distiller sought a Delaware bankruptcy judge's approval for an up-to $1.55 million Chapter 11 loan in part to assure vendors that it will continue business through its reorganization and after exit.

  • May 16, 2025

    Disaster Relief Biz Partner Won't Split Duke Payout, Suit Says

    A North Carolina man who runs a company that provides support services for disaster relief has accused his business partner of pilfering his payout from a contract to provide meals for Duke Energy workers assisting in recovery efforts after Hurricane Helene.

  • May 16, 2025

    Appellate Ruling Merits New Shot At Sales Regs, Distiller Says

    A New York distillery and two Washington whiskey drinkers are asking a federal judge to reconsider the Washington state liquor board's win in a challenge to rules requiring a physical in-state presence to sell online, saying they never got to analyze the circuit ruling on which the decision was based.

  • May 16, 2025

    Mich. Farm Gets Only Partial Exemption, Court Says

    A Michigan property that has farmland, an apple orchard and an area used for tourism activities is eligible for only a partial agricultural exemption, the state appeals court ruled.

  • May 15, 2025

    Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights

    An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.

  • May 15, 2025

    Kroger Worker Fights NLRA Preemption Of State Claim

    A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.

  • May 15, 2025

    Colo. Justices To Weigh Self-Defense In At-Will Firings

    The Colorado Supreme Court will consider if the state's at-will employment doctrine has an exception allowing people to challenge their termination for actions taken in self-defense, in the case of a Circle K store clerk who was fired after a confrontation with a robber.

  • May 15, 2025

    DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge

    A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.

  • May 15, 2025

    Walgreens Settles TM Suit With Founder's Great-Grandson

    Walgreen Co. has settled its trademark infringement suit against the great-grandson of the company's founder for his operation of Walgreen Health Solutions LLC, according to a filing Thursday in Illinois federal court.

  • May 15, 2025

    Davis Wright Adds Longtime Knobbe Martens IP Duo In Seattle

    Davis Wright Tremaine LLP has brought in two intellectual property partners credited with helping Knobbe Martens open its Seattle office.

  • May 15, 2025

    Golden Corral Can't Resurrect COVID-19 Coverage Case

    A North Carolina federal court blocked Golden Corral's last-ditch effort at COVID-19 insurance coverage, finding that although similar policyholders scored a recent win before the state's supreme court, that victory wasn't "extraordinary" enough to disturb a final judgment against the restaurant chain.

  • May 14, 2025

    'Toys R Us' Blows Smoke At 'Vape R Us' Over Similar Marks

    Toys 'R' Us' parent company Wednesday filed suit in Connecticut federal court, accusing a vape business named Vape R Us of copying and tarnishing Toys R Us trademarks and using the marks to trick customers into believing they're shopping somewhere owned or endorsed by the toy store chain.

  • May 14, 2025

    Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.

    A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.

  • May 14, 2025

    Insurer Ends Case Blaming Panda Express For Water Leak

    An insurance company on Wednesday dropped its case seeking more than $176,000 from Panda Express Inc. for damages allegedly caused when grease-filled pipes at one of the chain's restaurants backed up and leaked water into a clothing store covered by the insurer.

  • May 14, 2025

    Lawmakers Line Up To Unwind Trump's 'Chaotic' IEEPA Tariffs

    Nearly 150 members of Congress have thrown their support behind 12 state attorneys general suing to halt the Trump administration's "emergency" tariffs, arguing they far exceed the statutory authority of a president.

  • May 14, 2025

    Farm Groups Fight Further Delay In H-2A Wage Rule Suit

    Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.

  • May 14, 2025

    Keurig Settles For $950K Over Coffee Maker Defect

    Keurig Green Mountain Inc. has agreed to pay $950,000 and extend the warranty on its coffee makers to resolve a suit alleging they were sold with a defect that rendered them unusable after descaling.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Marketing Messages Matter In State AG Consumer Protection

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    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.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    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.

  • Can Romania Escape Its Arbitral Award Catch-22?

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    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.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    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.

  • Nutraceutical Patent Insights As Market Heats Up

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    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.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    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.

  • Reviewing 2024's State Consumer Privacy Law Enforcement

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    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.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    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.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    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.

  • Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis

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    ​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.

  • What Bisphenol S Prop 65 Listing Will Mean For Industry

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    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.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    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.

  • Tracking The Uncertainty Of The FTC's Negative Option Rule

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    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.

  • Series

    Gardening Makes Me A Better Lawyer

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    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.

  • What New Calif. Law Means For Cannabis Lounges

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    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.

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