Food & Beverage

  • June 30, 2020

    Fla. Court Lets Caterers Receive Offsite Alcohol Deliveries

    By ruling that a Miami-area vendor can receive alcohol deliveries directly to offsite catered events, Florida's First District has served up both a major blow to state regulators but also a "hollow victory" for now for the business, its counsel said, with major events canceled due to the COVID-19 pandemic.

  • June 30, 2020

    7th Circ. Clarifies Decision On Standing In Biometric Case

    The Seventh Circuit declined on Tuesday to rehear arguments over a decision that partially kept a woman's biometric privacy suit against Compass Group USA Inc. at the federal level, but clarified why it found she lacked federal standing for claims over the company's retention of data.

  • June 30, 2020

    Worker's Family Pushes To Keep Virus Death Suit In Pa. Court

    The family of a Philadelphia-area meatpacking plant worker who died of COVID-19 wants its case against his employer moved back to state court, arguing its wrongful-death claims are not barred by workers' compensation law or a federal executive order governing the food supply chain.

  • June 30, 2020

    La. Legislature OKs Biz Tax Breaks Expansion Amid Virus

    The Louisiana Legislature approved two bills that would expand state tax incentive programs to retailers, restaurants and hotels to help them recover from the COVID-19 pandemic, along with a bill to provide tax credits for investments in opportunity zones.

  • June 30, 2020

    Virus Delays Second Round Of Illinois Marijuana Licenses

    Illinois will miss another deadline to award marijuana licenses, a state agency said Tuesday, delaying awards of craft grower, infuser and transporter licenses that were expected to be awarded July 1.

  • June 30, 2020

    Miss. Marketplace Facilitator Tax Mandate To Start Wednesday

    Mississippi, starting Wednesday, will require marketplace facilitators such as Amazon.com Inc. that have economic nexus with the state to collect and remit sales and use tax, under a bill the governor signed Tuesday.

  • June 30, 2020

    Instacart Sues To Block Seattle's Gig Worker Hazard Pay

    Instacart and a food retailer trade group sued Seattle on Monday in Washington state court to block a new ordinance requiring coronavirus hazard pay for gig delivery workers, arguing it violates a state law that aims to keep the cost of food low by prohibiting charges for the transportation of groceries.

  • June 30, 2020

    Feds And Conservation Group Pause Shark Overfishing Suit

    A Hawaii conservation nonprofit has reached an agreement with the federal government to stay its lawsuit over the government's alleged failure to designate the oceanic whitetip shark population as overfished, with an official designation expected in August.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    CBS Seeks To Trim Injured Reporter's Age Discrimination Suit

    ViacomCBS Inc. asked a Pennsylvania federal court Monday to cut swaths of an injured KDKA-TV reporter's age discrimination lawsuit, claiming the complaint was larded with accounts of CBS' alleged mistreatment of other employees and that some of the reporter's claims were still working their way through state administrative remedies.

  • June 30, 2020

    2nd Circ. Sinks Airport Hotel Challenge To Chef's $1M OT Win

    The operator of a hotel near New York's John F. Kennedy International Airport can't escape paying an ex-chef more than $1 million in his suit claiming he was shorted on overtime, after the Second Circuit refused Tuesday to "second-guess" the lower court's finding that he qualified for the pay. 

  • June 30, 2020

    Ex-NFL Star's CBD Drink Co. Says Rival Ripping Off Its Brand

    A CBD performance drink company backed by former NFL player Terrell Davis has filed a trademark suit in Colorado federal court against a similarly named sports beverage concern, alleging infringement of its marks on the word "Defy."

  • June 30, 2020

    Pa. Rental Owner Sues Insurer Over Virus Losses

    A Pennsylvania business rental and restaurant owner is suing Cincinnati Insurance Co., claiming the insurer improperly applied a pollution exclusion to wrongfully deny its business interruption loss claims caused by the COVID-19 pandemic and state-mandated closures.

  • June 30, 2020

    Del Monte Seeks $16.4M Contempt Fine Against Pineapple Co.

    Del Monte called a Costa Rican fruit grower a "thief" Tuesday and asked a Florida magistrate judge to recommend a nearly $16.4 million fine for violating an order to stop growing and selling a particular pineapple variety.

  • June 30, 2020

    NJ Justices Nix Tax Exemption For Eatery At College

    A restaurant on a New Jersey university campus does not qualify for a property tax exemption as it is not operated for a public purpose, the state Supreme Court said Tuesday in reversing an appellate court decision.

  • June 30, 2020

    Loeb, Shumaker Loop Cook Up $100M BurgerFi Merger

    American restaurant chain BurgerFi agreed to a $100 million merger with private equity affiliated blank check company OPES Acquisition Corp., the companies said Tuesday, in a deal guided by Loeb & Loeb and Shumaker Loop & Kendrick.

  • June 29, 2020

    Chinese Investor Sues Grocery GC Over Soured EB-5 Bid

    A New York attorney — and the grocery store and subsidiary that he represents — were hit with a lawsuit in Manhattan federal court accusing the lawyer of tricking a Chinese investor into shelling out cash into the company for an EB-5 visa that never came to fruition.

  • June 29, 2020

    Canadian Watchdogs Probing Tim Hortons For Privacy Breach

    Canadian regulators said Monday they are investigating whether coffee and pastry chain Tim Hortons breached privacy law by constantly tracking the locations of users of its mobile ordering app without first getting valid consent.

  • June 29, 2020

    Biz Groups Get OK To Enter Fight Over Joint Employer Rule

    A New York federal judge on Monday let a business coalition join the U.S. Department of Labor in defending the agency's recently finalized joint employer rule from a legal attack from 18 Democratic state attorneys general.

  • June 29, 2020

    Unions Slam Las Vegas Resorts Over Handling Of COVID-19

    The Culinary Workers Union, Local 226 and Bartenders Union, Local 165 hit the Bellagio, Signature and Harrah's with a lawsuit in Nevada federal court Monday, claiming the resorts adopted "unreasonable rules and procedures" surrounding COVID-19 that didn't protect workers or their families.

  • June 29, 2020

    WTO Dispute Roundup: Legal Battles Resume Post-Lockdown

    The World Trade Organization's Dispute Settlement Body held its first meeting in more than three months on Monday following a COVID-19 lockdown, and the delegations wasted no time jumping into the fray.

  • June 29, 2020

    Soy Milk Maker Latest Co. Accused Of Vanilla Fraud

    Consumers filed the latest proposed class action alleging vanilla labeling fraud on Friday, accusing soy milk maker Hain Celestial Group Inc. in New York federal court of mislabeling its product as vanilla and failing to disclose artificial, nonvanilla flavors.

  • June 29, 2020

    NY Landlords Lose Challenge To Cuomo's Eviction Limits

    A Manhattan federal judge on Monday rejected a bid by landlords to quash New York Gov. Andrew Cuomo's limits on evictions during the COVID-19 crisis, finding the restrictions do not violate landlords' rights under federal law and that the court has no jurisdiction over state law questions they may raise.

  • June 29, 2020

    Treat Hemp Like Any Other Industry, FinCEN Urges

    The Financial Crimes Enforcement Network issued new guidance on Monday telling financial institutions to use standard risk-based processes when monitoring hemp-related businesses for Bank Secrecy Act compliance, an effort to free up financial support for a fully legal industry that nonetheless continues to give banks pause.

  • June 29, 2020

    Justices Refuse To Hear Monster Energy Arbitrator Bias Case

    The U.S. Supreme Court on Monday refused to consider a Ninth Circuit ruling vacating an award issued to Monster Energy after an arbitrator failed to disclose his ownership interest in JAMS, the alternative dispute resolution provider that had administered the arbitration.

Expert Analysis

  • Cos. Must Prep For More DOJ Probes To Protect US Workers

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    Employers should review the Immigration and Nationality Act, understand the evolution of enforcement, and take steps to mitigate risk in order to prepare for a potential increase in U.S. Department of Justice investigations into perceived preferential treatment of foreign workers due to the economic downturn, say Ginger Solon Partee and Matthew Gorman at Baker McKenzie.

  • UK Appellate Rulings Clarify Arbitral Choice Of Law

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    Two recent U.K. Court of Appeal decisions have changed the operation of the choice-of-law test for arbitration — a resolution as significant as changing the test itself because it affects the implied choices of the contracting parties, say attorneys at Squire Patton.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • USMCA's Labor Dispute Tool Raises Hurdles For Mexican Cos.

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    The U.S.-Mexico-Canada Agreement’s new mechanism for ensuring compliance with Mexico’s labor reforms poses unique challenges for Mexican companies, which now bear the burden of demonstrating that workers' rights are effectively protected, say attorneys at Akin Gump.

  • Employers More Likely To Fight Visa Denials Amid Pandemic

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    In the past, employers would commonly refile when U.S. Citizenship and Immigration Services denied employee visa petitions, but pandemic-related travel bans and suspended visa processing have made challenging such denials more attractive, say Lynn O'Brien and Kane Vongsavanh at Berry Appleman.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Borrower Insights For Maximizing PPP Loan Forgiveness

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    Mike Miller and Kathryn Hesman at Moore & Van Allen explore the permitted forgivable uses of Paycheck Protection Program funds for entity borrowers, the process of applying for loan forgiveness, and best practices for maximizing that forgiveness.

  • 10 Key Considerations For Commercial Leases After COVID-19

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    Negotiating commercial leases after COVID-19 will require careful attention to many issues arising from both landlords' and tenants' new priorities, as well as government regulations, say Cynthia Keliher and Jonathan Pizarro-Ross at McCarter & English.

  • COVID-19 Liability Waivers: What Businesses Should Know

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    Businesses grappling with the risk that customers may contract COVID-19 on their premises may require patrons to sign liability waivers, but the legal status of such waivers is uncertain, says Marc Lamber at Fennemore Craig.

  • Opinion

    Trump's Broader Visa Suspension Won't Help US Unemployed

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    Were one intent on protecting U.S. workers in the wake of the pandemic, it is difficult to believe that one would select for suspension the work visa categories President Donald Trump suspended this week, say Amy Haberman and Zlatko Hadzismajlovic at McCarter & English.

  • Ill. Force Majeure Ruling Could Be Problematic For Landlords

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    Businesses considered nonessential during the pandemic may be able to look to an Illinois bankruptcy court's recent ruling in Hitz Restaurant Group to invoke a force majeure defense and get excused for rental obligations during the time they were unable to operate, say attorneys at Saul Ewing.

  • VAT Cuts Won't Save Economies, Will Burden Businesses

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    Although value-added tax cuts may seem attractive for governments looking to stimulate economies in the wake of the pandemic, their implementation costs and inefficiencies can cause significant trouble for businesses, says Richard Asquith of Avalara.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Glyphosate Brief Exposes Calif.-Federal Chemical Regs Clash

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    An amicus brief in Hardeman v. Monsanto, a lawsuit over glyphosate, is the latest federal attack on California's authority to regulate chemicals within its borders under Proposition 65, which requires warnings of harmful chemical exposure, say attorneys at Pillsbury.

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