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Food & Beverage
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February 20, 2024
Almond Farmer Hits Ch. 11 With $188M Debt, Sale Plans
An almond ranch operator in California and 18 of its affiliates have petitioned for Chapter 11 protection, laying out plans to use $30 million in debtor-in-possession financing to maintain operations while looking to shed some or all of its properties to pay off $188 million in debt.
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February 20, 2024
Mich. Township Must Face Winery Wedding Ban Suit
A Michigan federal judge has said he won't dismiss wineries' challenge to a Michigan town's rules limiting their ability to host weddings and other events, saying it would be "unwise" to toss the lawsuit because the wineries are still allegedly experiencing harm from the ordinance.
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February 20, 2024
Jack Daniel's Asks For Judgment In Chewy Dog Toy TM Fight
The long-running dispute between Jack Daniel's and a company that made a poop-themed dog toy that parodied the whiskey maker's iconic bottles is back where it began 10 years ago in Arizona federal court, with each side asking for favorable judgments after the U.S. Supreme Court ruled the First Amendment does not shield VIP Products LLC from trademark claims.
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February 20, 2024
US Trustee Says Coffee Co. Can't Redact Execs' Names
The U.S. Trustee's Office asked a New York bankruptcy judge to reject a request by Mercon Coffee Group to expunge the names of its senior managers, directors and owners from its Chapter 11 filings, saying this is basic information the public has the right to know.
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February 20, 2024
DoorDash Charges Excessive Fees, NYC Burger Eatery Says
DoorDash was hit with a proposed class action Friday in California federal court by a New York City burger joint that accused the platform of employing a "widespread and pervasive practice" of levying service fees more than the 20% cap imposed by local legislations enacted during the COVID-19 pandemic.
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February 20, 2024
Fiji Water Microplastics Suit Heads To Illinois Federal Court
The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.
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February 16, 2024
MrBeast Can't Toss Restaurant Co.'s Burger Deal Countersuit
A New York judge refused Friday to toss contract breach counterclaims against YouTube personality MrBeast filed by his restaurant business partner, Virtual Dining Concepts, over his tweets about a burger ghost kitchen deal gone awry, finding they didn't fall within the scope of New York's anti-SLAPP law.
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February 16, 2024
Hydro Co. Must Alter, Not Remove, Dam That's Killing Salmon
A Washington federal judge on Friday said a hydroelectric company must remove part of a rock dam structure killing endangered wild salmon, but the judge declined to order complete removal, saying it went beyond a narrowly tailored remedy zeroing in on what is harming fish.
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February 16, 2024
DOL Faulted For Not Explaining Ala. Sonic's H-2B Visa Denial
A U.S. Department of Labor appeals board has given the operator of an Alabama Sonic Drive-In another chance at temporarily hiring foreign cooks to help out in warm months, ruling that a certifying officer denied an application for the H-2B visa program without a satisfactory explanation.
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February 16, 2024
Oat Milk Co. Settles Greenwashing Investor Suit For $9.25M
Investors suing Swedish alternative milk manufacturer Oatly asked a New York federal judge Friday to preliminarily approve a $9.25 million deal to settle claims that the company pitched its business as more environmentally friendly than it is.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 16, 2024
Union Can't Intervene In Fight Over NY Farm Laborers Law
The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
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February 16, 2024
Catching Up With Delaware's Chancery Court
News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.
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February 16, 2024
Gov't Wants More Alaskan Native Reps On Subsistence Board
The U.S. government has plans to strengthen Alaskan Native tribal representation on its Federal Subsistence Board, saying the U.S. Department of the Interior and the U.S. Department of Agriculture have proposed a new rule to add board members with personal experience of subsistence living in rural Alaska.
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February 16, 2024
Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound
The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.
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February 16, 2024
Fruit Grower Gets OK For $11M DIP Draw After Lender Deal
Bankrupt fruit producer Prima Wawona received interim approval Friday for an $11 million draw on its $22 million in Chapter 11 financing after saying it had reached a deal with objecting lenders on the financing and was working on a deal for its overall bankruptcy plan.
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February 16, 2024
Greenberg Traurig Adds FDA Expert From Emord & Associates
Greenberg Traurig LLP has hired a shareholder in Phoenix who spent over 16 years with boutique Emord & Associates PC to continue his practice counseling businesses regulated by the U.S. Food and Drug Administration on a range of compliance matters, the firm announced Thursday.
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February 15, 2024
Humane Society's Poultry Slaughter Suit May Need An Update
A California federal magistrate judge on Thursday told the Humane Society and other nonprofits suing the U.S. Department of Agriculture for waiving limits on the pace of poultry slaughtering that they may need to file an amended complaint due to new regulations implemented since the suit was filed.
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February 15, 2024
Enviro Orgs Sue EPA Over PFAS Data For Plastic Containers
Two environmental groups accused the U.S. Environmental Protection Agency on Thursday of withholding test data on the presence of forever chemicals in fluorinated plastic containers in response to their Freedom of Information Act request.
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February 15, 2024
Restaurant Franchise Owner Hit With $30.7M Jury Verdict
A Dallas County, Texas, jury has returned a $30.7 million verdict against major restaurant franchise company Sun Holdings Inc. and its owner in favor of an executive who claimed they refused to pay him his fair share of profits for operating nearly 150 Popeyes eateries.
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February 15, 2024
Wash. Nonprofit Owes $250K For Produce, Suit Says
A Washington state-based produce company alleged in a federal court complaint this week that a nonprofit has failed to pay it $250,000 for shipments of fresh fruit and vegetables despite receiving funds from a state program that helps provide emergency food for people experiencing hunger.
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February 15, 2024
Gerber, Others Fight Bid For MDL On Baby Food Heavy Metals
A group of baby food manufacturers, including Gerber Products Co., The Hain Celestial Group Inc. and Beech-Nut Nutrition Co., is urging the Judicial Panel on Multidistrict Litigation not to consolidate suits alleging that heavy metals in their products cause autism spectrum disorder and other conditions, saying there's no benefit to grouping them in an MDL.
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February 15, 2024
Shoppers Say Albertsons-Kroger Suit Shortcomings Fixed
Consumers challenging Kroger's $24.6 billion bid for Albertsons defended their revised lawsuit in California federal court against the supermarkets' latest dismissal bid, arguing their tweaked complaint now adequately identifies the affected stores and lays out how the deal threatens competition.
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February 15, 2024
Damaged Champagne Cargo Row Can Proceed, Judge Says
A New Jersey federal judge preserved the majority of a $930,000 coverage dispute over a damaged champagne shipment Thursday, denying a logistics company's bid for dismissal while giving an insurer the opportunity to put forth an alternate pleading.
Expert Analysis
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Ch. 12 Ruling Is A Helpful Addition To Interest Rate Case Law
In its recent In re: Topp ruling, the Eighth Circuit addressed the question of which rate of interest debtors should pay under a bankruptcy plan, showing that the choice of interest rate plan is a factual issue subject to appellate review for clear error, and not a legal issue subject to de novo review, says Donald Swanson at Koley Jessen.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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Section 363 Ruling Lines Up With Avoidance Action Precedent
While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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UN Climate Summit: What To Watch For In Dubai
The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.
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Opinion
Proving Causation Is Key To Fairness And Justice
Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.
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Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea
Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.
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Navigating PFAS Compliance With FDA, Emerging State Laws
As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.