Food & Beverage

  • December 05, 2019

    Archer Daniels Midland Says Hemp Co. Is Ripping Off Its TM

    Agriculture giant Archer Daniels Midland Co. filed a trademark infringement suit against similarly named hemp processor ADM Labs LLC in Chicago federal court on Thursday.

  • December 05, 2019

    Speedway Says Manager's Class Action Bid Is 'Unmanageable'

    It would be “unmanageable” to certify a class in a Massachusetts man's suit claiming Speedway LLC denies overtime pay to the general managers of its convenience stores because of the vast particularities in this case and the thousands of others around the country, the gas station chain argued Wednesday.

  • December 04, 2019

    Jason Mraz Tells Coors Light 'I'm Yours' Is His

    Grammy Award-winning singer-songwriter Jason Mraz on Wednesday accused Coors Lite of illegally using his hit song, "I'm Yours," in an Instagram advertisement for the beer, which Mraz said he would have never approved due to "the family friendly nature of the song."

  • December 04, 2019

    Defense Contractor To Pay $45M In FCA, Obstruction Suits

    Virginia-based defense contractor UniTrans International Inc. has agreed to pay $45 million to resolve criminal obstruction charges and civil False Claims Act allegations stemming from accusations it illegally transported goods meant for U.S. troops stationed in Afghanistan across Iran, the U.S. Department of Justice said Wednesday.

  • December 04, 2019

    Maine Says Hemp Rule Could Hold Back State's Farmers

    The state of Maine submitted a letter to the U.S. Department of Agriculture this week about the agency's interim rule on hemp farming, saying the way it's currently written could prevent the state's hemp industry from flourishing.

  • December 04, 2019

    Top EU Court Allows German Vinegar Co. To Use 'Balsamico'

    Italian vinegar producers were dealt a blow in their challenge of a German rival’s use of the word “balsamico” for its vinegar products when the European Union’s highest court ruled Wednesday that the “aceto balsamico” does not have to come from the Italian province of Modena.

  • December 04, 2019

    Ex-DHS Leaders Want Out Of Hemp Seizure Fight

    Former heads of the U.S. Department of Homeland Security have asked a California federal court to dismiss a pair of claims from a CBD maker’s class action over the repeated seizure of hemp shipments at U.S. ports, saying the claims constitute an unjustified extrapolation of rarely recognized “implied damages.”

  • December 04, 2019

    Diet Dr Pepper Drinker Tells 9th Circ. 'Diet' Moniker A Lie

    A Diet Dr Pepper drinker urged the Ninth Circuit at a hearing Wednesday to revive her putative class action alleging the soda's name misleads consumers into believing it helps with weight loss, arguing a lower court tossed the case prematurely and evidence shows consumers drink it to avoid calories.

  • December 04, 2019

    Haagen-Dazs Customers Denied Cert. In 'Thank You' Text Suit

    A California federal judge denied certification to a proposed class of Haagen-Dazs customers who allegedly received text messages thanking them for signing up for a rewards program, ruling that the named plaintiff had an experience that isn't typical of class members and questioning her "close personal relationship" with her attorney.

  • December 04, 2019

    Milk Producers Agree To Pay $220M To End Price-Fixing Suit

    Dairy producers and buyers said Wednesday they've reached a $220 million settlement to end class action claims in Illinois federal court accusing the producers of orchestrating a price-fixing scheme through a now-canceled program to slaughter dairy cows.

  • December 04, 2019

    Postmates Faces Contempt Order In Couriers' Arbitration Row

    A California federal judge warned Postmates Inc. on Tuesday that it could be held in contempt if the company doesn't explain why it ignored a court order to arbitrate the claims of nearly 5,200 couriers alleging they were misclassified as independent contractors and shorted on wages.

  • December 03, 2019

    Fed. Circ. Overstepped In Menu Patent Fight, Full Court Told

    Ameranth Inc. has asked the full Federal Circuit to revive several of its online menu patent claims challenged by Domino's Pizza, saying the panel deemed them abstract without sufficient evidence and wrongly altered patent eligibility standards.

  • December 03, 2019

    2 More CBD Cos. Accused Of Selling Illegal Products

    Two more CBD companies are facing proposed class actions by consumers who say they would not have purchased their products if they had known they were not compliant with U.S. Food and Drug Administration guidelines.

  • December 03, 2019

    Child Labor Candy Alert A 'Slippery Slope,' 1st Circ. Suggests

    The First Circuit questioned whether forcing Hershey, Mars and Nestle to disclose that they source cocoa beans from farms that may use child labor would open the door to a wide range of warnings that would have to be crammed into a wrapper, as the panel heard oral arguments Tuesday.

  • December 03, 2019

    Creditors Flag Bonuses In Houlihan's Parent Ch. 11

    The unsecured creditors of the parent company of casual dining chain Houlihan's on Tuesday asked a Delaware bankruptcy court to reject a proposed executive incentive plan on the grounds it gives the executives no reason to push up the chain's sale price.

  • December 03, 2019

    Clif Bar Can't Dodge White Chocolate Labeling Claims Again

    Clif Bar & Co. won't get another easy out in a proposed class action accusing it of misleading consumers with "white chocolate" energy bars that don't actually contain white chocolate, after a California federal judge said the consumers had done just enough in an amended complaint to avoid immediate dismissal.

  • December 03, 2019

    Jury Finds Ex-Bumble Bee CEO Guilty Of Price-Fixing

    A California federal jury on Tuesday found Bumble Bee Foods LLC’s former CEO Chris Lischewski guilty of price-fixing after a four-week trial over allegations he worked with executives at rivals StarKist and Chicken of the Sea to illegally raise the price of canned tuna.

  • December 03, 2019

    Senate Committee Advances FDA Nominee

    A Senate panel on Tuesday pushed forward the nomination of oncologist Stephen M. Hahn to head the U.S. Food and Drug Administration, despite concerns about his commitment to tougher e-cigarette regulations.

  • December 03, 2019

    2nd Circ. Upholds Fraud Convictions, Cuts $18.5M Restitution

    Two men convicted of defrauding banks in order to secure government-backed loans won’t need to pay $18.5 million in restitution after all, according to the Second Circuit’s decision Tuesday that a lower court overstepped in ordering the men to refund losses they didn’t cause.

  • December 03, 2019

    Takeaway Calls Prosus' Competing $6B Just Eat Bid Too Low

    Takeaway.com on Tuesday slammed Prosus for trying to buy online food delivery service Just Eat “on the cheap” with a “low-ball cash offer” — which is still higher than its all-stock bid — and urged shareholders of the sought-after online food delivery service to stand by the Takeaway.com tie-up. 

  • December 02, 2019

    Judge Refuses To Toss Palm Steakhouse's Bankruptcy

    Minority shareholders of the Palm steakhouse brand seeking to collect a $119.5 million judgment against two majority shareholders lost their latest request to have a judge toss the company's bankruptcy Monday, as the judge said she did not see the majority shareholders' recent personal bankruptcy filings as reason to do so.

  • December 02, 2019

    Fate Of Ex-Bumble Bee Tuna 'Big Fish' Goes To Calif. Jury

    Federal prosecutors told a California federal jury during closing arguments Monday that former Bumble Bee CEO Christopher Lischewski illegally fixed tuna prices to boost the value of his shares in hopes of earning over $42 million, while defense attorneys argued "ambitious prosecutors" were misleading jurors to nail a "big fish."

  • December 02, 2019

    Chipotle Inks Deal Over Worker Allegedly Locked In Freezer

    Chipotle will pay $95,000 to an ex-worker who alleged he was locked in a walk-in freezer for reporting sexual harassment and will reform the way it handles such complaints under an agreement with the U.S. Equal Employment Opportunity Commission that a California federal judge approved Monday.

  • December 02, 2019

    StarKist Says Rival's Bankruptcy Supports Class Cert. Appeal

    StarKist has told the Ninth Circuit that Bumble Bee's recent bankruptcy shows the need for an immediate appeal of a class certification ruling in a case accusing the country's three largest canned tuna producers of price fixing.

  • December 02, 2019

    Bumble Bee Can't Shake Suit Over 'Dolphin Safe' Label

    Bumble Bee Foods LLC will remain ensnared in a suit accusing the embattled tuna producer of mislabeling its products as "dolphin safe" after a California federal court denied its motion to dismiss and paused the case in light of Bumble Bee's recent bankruptcy filing.

Expert Analysis

  • What To Know Before Moving Your Supply Chain Out Of China

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    U.S. companies moving their supply chains to avoid Chinese tariffs should be aware of the complexities of U.S. Customs and Border Patrol country-of-origin determinations and the scope of U.S. Department of Commerce authority to impose tariffs on Chinese goods that originate outside of China, say attorneys at Covington.

  • NLRB Ruling Further Clarifies Employer Handbook Standards

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    The National Labor Relations Board’s recent LA Specialty Produce decision demonstrates the impact of the board's 2017 Boeing decision on workplace handbook standards and allowed the NLRB to explain certain aspects of the Boeing ruling, says Anthony Glenn at Barnes & Thornburg.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • 2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct

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    Following the U.S. Supreme Court’s Kisor v. Wilkie opinion, which narrowed Auer deference, recent decisions in Pennsylvania and New York federal courts demonstrate that Auer remains intact, even though courts are more closely scrutinizing agencies’ interpretations of their own regulations, says Brent Owen at Squire Patton.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Industrial Hemp Could Save American Agriculture

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    For American farmers who have suffered through years of trade war tariffs and catastrophic weather, the new federally regulated industrial hemp production program offers much needed hope of new agricultural opportunity, says Richard Blau of GrayRobinson.

  • US Business Strategies To Soften Trade War Impact

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    By monitoring the shifting trade landscape and deploying appropriate tariff strategies to mitigate risk, American businesses can minimize the negative effects that ongoing changes in global tariffs may have on their bottom line, say Michelle Schulz and Luis Arandia of Polsinelli.

  • 9th Circ. Ruling Stresses Need For Arbitrator Bias Disclosures

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    Following the Ninth Circuit's recent ruling in Monster Energy v. City Beverages, arbitrators should consider whether to amend disclosures concerning potential conflicts of interest to meet the court's hypertechnical, but not wholly illogical, partiality standard, says Dustin Hecker at Arent Fox.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

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