Food & Beverage

  • March 18, 2026

    Coke Bottler 401(k) Suit Put On Ice For High Court Ruling

    A Coca-Cola bottler can't dodge a proposed class action claiming its 401(k) plan was loaded with lackluster options, a Texas federal judge ruled, saying the company's dismissal bid must wait until the U.S. Supreme Court weighs in on the standards for claims of retirement investment underperformance.

  • March 18, 2026

    Wash. Tribes Dispute 'Inaccurate' Salmon Hatchery Fund Order

    Two Washington tribes are asking a federal court to reconsider a decision that denied their bid to side aside $22 million in salmon hatchery funding, arguing that despite National Atmospheric and Oceanic Administration claims to the contrary, they've never said they're ineligible for the grant money.

  • March 18, 2026

    Food Cos. Get Another Shot At David Protein Antitrust Case

    A New York federal court is letting low-calorie food producers take another shot at their antitrust claims accusing protein bar-maker David Protein of refusing to sell them a fat replacement ingredient after purchasing the ingredient's only supplier.

  • March 17, 2026

    Idaho Tribe Looks To Void Approval Of $2B Gold Mine Project

    An Idaho tribe says the U.S. Forest Service violated bedrock environmental laws that provide first lines of defense for its rights in approving a $2 billion gold mining project within the Boise and Payette national forests, arguing it failed to consider any alternative methods for the endeavor.

  • March 17, 2026

    NJ Restaurant Beats Customer's Suit Over E. Coli Poisoning

    A New Jersey appellate panel on Tuesday upheld the dismissal of a suit over severe injuries suffered by a restaurant customer after eating an E. coli-contaminated salad, rejecting his attempt to categorize the case as a breach-of-contract claim.

  • March 17, 2026

    Tyson Must Face Bulk Of Meat Plant Worker's Wage Suit

    Tyson Foods Inc. must face most of a proposed class action accusing it of wage and hour violations at a Washington processing plant, after a federal judge on Tuesday found a worker plausibly alleged that meal break interruptions and automatic deductions resulted in unpaid wages.

  • March 17, 2026

    Bimbo Bakeries Can't Steer Driver Suit To Arbitration

    A Massachusetts federal magistrate judge won't ship to arbitration a pair of New England drivers' claims that Bimbo Bakeries USA misclassifies them as independent contractors, finding that the drivers are covered by an exception to the federal arbitration statute.

  • March 17, 2026

    2nd Circ. Kills Contempt Order In Starbucks False Ad Suit

    A New York federal judge overstepped in holding an attorney in contempt for filing what the lower court deemed a "meritless" false advertising lawsuit over the amount of potassium in a Starbucks coffee flavor, the Second Circuit ruled Tuesday.

  • March 17, 2026

    Eatery's Ex-Manager Used Its Funds For Own Chain, Suit Says

    The former general manager of a Boston restaurant tapped its accounts for "well in excess of $1 million" to underwrite startup and operational costs for his own group of Greek eateries, according to a lawsuit filed in state court.

  • March 16, 2026

    OCC Calls For Preemption Of Ill. Swipe-Fee Law At 7th Circ.

    A top U.S. banking regulator is seconding the banking industry's call for the Seventh Circuit to block Illinois' tax and tip swipe-fee ban, arguing a lower-court judge missed the "forest for the trees" in ruling the state-law restrictions are enforceable against banks it oversees.

  • March 16, 2026

    Edible Arrangements Wins Sanctions, Beats Ex-COO's Claims

    A Georgia federal judge struck the answer filed by Edible Arrangements' former chief operating officer and his company as a sanction for bad faith discovery conduct, finding they hid key evidence about millions in vendor checks deposited into a personal account.

  • March 16, 2026

    Teamsters Push For Arbitration In Kraft Heinz Benefits Suit

    A Teamsters local contended that a dispute with Kraft Heinz Co. over a healthcare benefits grievance must be arbitrated because it falls within the scope of the parties' collective bargaining agreement, the union told a Delaware federal judge.

  • March 16, 2026

    SD Eliminates Ag Land Assessment, Tax Oversight Task Force

    South Dakota eliminated a task force that oversaw the assessment and taxation of agricultural land and required the state Department of Revenue to provide data relating to the valuation of such land to state legislative tax committees under a bill signed by the governor.

  • March 16, 2026

    Pepsi Bottler's Fee Dispute Belongs In Arbitration, Judge Says

    A Pepsi distributor cannot be forced by a federal court to pay arbitration costs in a misclassification dispute with the company, a New York federal magistrate judge ruled Monday, finding that the fee dispute must instead be resolved within the arbitration itself.

  • March 16, 2026

    Tree Top Can't Toss False Ad Suit Over '100% Juice' Claims

    A California federal judge ruled Monday that Tree Top must face a proposed class action alleging it mislabels some of its apple juices as being made with "100% juice" despite adding synthetically produced ascorbic acid, finding the plaintiff plausibly alleged the ascorbic acid added to the beverages aren't made from apples.

  • March 16, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court's docket last week featured disputes including an $83.75 million settlement tied to a renewable energy merger, fraud claims in a fertilizer company acquisition and a developer's fight for control of a major Philadelphia redevelopment project.

  • March 13, 2026

    Ky. Farm Says DOL Must Bring H-2A Case In Federal Court

    A small Kentucky tobacco farm has sued the U.S. Department of Labor, claiming its in-house adjudication system for violations of the H-2A temporary farmworker visa program is unconstitutional because the agency serves as the prosecutor, judge and jury.

  • March 13, 2026

    Agri Stats Cuts Chicken, Pork, Turkey Price-Fixing Deals

    Agri Stats Inc. reached settlements Friday with groups of buyers in separate cases over alleged price fixing in the chicken, pork and turkey industries, ending several sets of claims targeting use of its benchmarking reports by protein processors.

  • March 13, 2026

    Trump Executive Order Targets 'Made In America' Labeling

    President Donald Trump on Friday issued an executive order directing the Federal Trade Commission to draft regulations for online retailers to verify that goods advertised as "Made In America" are in fact made in the country, making it an enforcement priority for the agency.

  • March 13, 2026

    NY Man Can't Claim He Bought Tainted Grimmway Carrots

    A New York federal judge on Friday threw out a proposed class action against Grimmway Enterprises Inc. over carrots recalled for possible contamination with E. coli, saying the plaintiff hasn't plausibly alleged the carrots he bought were tainted at all.

  • March 13, 2026

    Labor Board Accuses UFCW Unit Of Fining Nonmembers

    National Labor Relations Board prosecutors have accused a United Food and Commercial Workers local of violating federal labor law by fining two King Soopers workers who quit the union and returned to work during a strike last year.

  • March 13, 2026

    H-2A Workers Reach $305K Deal In Wage Dispute With Farm

    Lee and Sons Farms told a North Carolina federal court it has agreed to pay $305,000 to settle claims from migrant H-2A workers who accused it of underpaying them and forcing them to buy inadequate meals.

  • March 13, 2026

    Nature's Bakery Sued Over 'Wholesome' Fig Bar Label

    A New Yorker on Thursday lodged a proposed class action against Nature's Bakery LLC, saying that its "wholesome" representation belies the presence of synthetic citric acid and excessive sugar in its fig bars.

  • March 13, 2026

    Insurers Say Prairie Farms' Policies Don't Cover $191M Verdict

    Berkeley National Insurance Co. and a Sompo International unit told an Illinois federal judge that excess liability policies they issued to Prairie Farms do not cover a $191.5 million punitive damages award the dairy giant must pay to the family of a man who died while transporting dry ice for one of its subsidiaries.

  • March 13, 2026

    Tribes Back Bid To Undo NY Eel-Fishing Ruling At 2nd Circ.

    A Native American rights group and a Massachusetts tribe are backing a Second Circuit bid to reverse a decision that a New York Indigenous nation does not have eel-fishing rights free of state regulatory fees, arguing that they have an interest in ensuring inherent aboriginal rights are protected.

Expert Analysis

  • Series

    The Law Firm Merger Diaries: How To Build On Cultural Fit

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    Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

  • 2nd Circ. Decision Offers Securities Fraud Pleading Insights

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    In Gimpel v. Hain Celestial, the Second Circuit’s recent finding that investor plaintiffs adequately alleged a food and personal care company made actionable misrepresentations and false statements presents a road map for evaluating securities fraud complaints that emphasizes statements made and scienter, rather than pure omissions, say attorneys at Nixon Peabody.

  • Considerations When Invoking The Common-Interest Privilege

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    To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

  • Series

    The Law Firm Merger Diaries: Making The Case To Combine

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    When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

  • Key Risks For Cos. As MAHA Influences Food Regulation

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    As the Make America Healthy Again movement alters state and federal legislative and regulatory priorities, measures targeting ultra-processed foods, front-of-package labeling requirements and restrictions on schools are creating new compliance and litigation risks for food and beverage manufacturers, pharmaceutical companies, retailers and digital advertisers, say attorneys at Kelley Drye.

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • Opinion

    Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

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    Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

  • Key Strategies For Supplement Cos. Facing Lead Risks

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    In the wake of a recent Consumer Reports article detailing dangerously high levels of lead in many popular protein powders, supplement companies face increased litigation, rising enforcement risks and reputational harm — underscoring the need to monitor supply chains, test ingredients and understand labeling standards, say attorneys at Husch Blackwell.

  • How Store Brand Evolution May Influence IP Cases

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    A consumer shift toward private-label grocery products has spurred a recent crop of lawsuits, like Smuckers v. Trader Joe's, and parties must be prepared to carefully analyze consumer confusion in the grocery retailing context, as well as expectations and behavior, say Justin LaTorraca, Elizabeth Milsark and Laura O’Laughlin at Analysis Group.

  • How Cos. Should Prepare For Prop 65 Listing Of Bisphenols

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    California regulators are moving toward classifying all p,p'-bisphenol chemicals as causing reproductive toxicity under Proposition 65, which could require warning notices for a vast range of consumer and industrial products, and open the floodgates to private litigation — so companies should proactively review their suppy chains, says Gregory Berlin at Alston & Bird.

  • Rule Amendments Pave Path For A Privilege Claim 'Offensive'

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    Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • NLRB Memo Shifts Tone On Defenses Against Union 'Salting'

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    The current Starbucks strike demonstrates the potential effects of salting, in which applicants seek employment in order to organize a union, and recent guidance from the National Labor Relations Board suggests that previously rejected employer defenses may now gain traction, says Daniel Johns at Cozen O'Connor.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

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