Food & Beverage

  • March 30, 2020

    7th Circ. Judge Wonders If Ind. Booze Regs Limit Carriers

    A Seventh Circuit judge on Monday pushed an Indiana alcohol transporter to address if state laws barring a proposed distribution relationship with a state liquor wholesaler are truly a restriction on the company as a motor carrier, or a restriction on its status as a beer wholesaler.

  • March 30, 2020

    Self-Sabotage Pleas Get Steuben Another Shot In Nestle IPR

    The Federal Circuit on Monday gave Steuben another chance to defend its patent from Nestle at the Patent Trial and Appeal Board, evidently persuaded that the food company didn't waive constitutional arguments later raised in the court's Arthrex decision because they would have amounted to self-sabotage.

  • March 30, 2020

    Monsanto Wants To Erase $265M Dicamba Verdict

    Bayer-owned Monsanto wants a federal court to erase a $265 million verdict handed down by a jury that heard claims that farmers’ use of the weedkiller dicamba hurt crops on nearby farms, telling a Missouri federal judge on Friday that the liability argument the jury accepted was unprecedented.

  • March 30, 2020

    CBD Buyers Say They Shouldn't Have To Wait For FDA Action

    Consumers shouldn’t have to wait for the U.S. Food and Drug Administration to release further guidance on how it will regulate CBD products before they can sue over illegal products on store shelves now, a proposed class of customers told a California federal judge on Friday.

  • March 30, 2020

    Lucky's Market Gets Go-Ahead For $29M Ch. 11 Sales In Del.

    A series of transactions that will see bankrupt organic food retailer Lucky’s Market sell off much of its property for nearly $29 million received a nod from a Delaware judge Monday, who said he would approve the sales after wrinkles with creditors were ironed out.

  • March 30, 2020

    Real Estate Rumors: China Oceanwide, Silverstein, Ivy Realty

    China Oceanwide Holdings reportedly has a new $1.2 billion buyer for a San Francisco mixed-use project, a Silverstein Properties venture is said to have wrapped up a $510 million refinance of a Manhattan property, and Ivy Realty has reportedly dropped $30.5 million on a Florida cold-storage property.

  • March 30, 2020

    $8.5M Safeway 401(k) Deal Stalls Over Plan To Notify Workers

    A California federal judge on Monday refused to give the initial green light to an $8.5 million deal resolving suits claiming Safeway Inc. mismanaged its workers’ retirement savings, finding that a notice informing would-be class members about the settlement had to be revised. 

  • March 30, 2020

    CraftWorks Approved For Ch. 11 'Life Support' Measures

    Bankrupt restaurant chain owner CraftWorks Parent LLC received approval Monday in Delaware for amended procedures intended to mothball its operations and reduce its case administration costs after it was forced to shut down its 261 locations in response to the global outbreak of COVID-19.

  • March 30, 2020

    Shareholders Dodge Payment In $29M Wine Co. Award

    A New York federal judge on Friday dismissed a U.S. investor's bid to enforce a $28.7 million arbitral award against shareholders in a Chilean wine company, saying the investor filed its bid too late.

  • March 30, 2020

    GCs Take Pay Cuts To Aid Cos. Amid COVID-19

    General counsel at Marriott International, Macy's and The Cheesecake Factory are among the corporate executives shouldering pay cuts to share the pain and help their businesses stay afloat as some companies furlough employees or temporarily close their doors amid the COVID-19 pandemic.

  • March 30, 2020

    4 COVID-19 Questions Clients Are Asking Real Estate Lawyers

    The global spread of COVID-19 has created great uncertainty in the real estate market and as a result, real estate lawyers have been bombarded over the last month with wide-ranging questions and concerns from clients. Here, Law360 looks at four such questions.

  • March 30, 2020

    Fed. Workers Union Demands Hazard Pay For Virus Exposure

    Federal employees on the front lines of the COVID-19 pandemic are being unlawfully denied pay increases for working under hazardous conditions as the novel coronavirus outbreak continues to spread, according to a proposed class action filed Friday by the American Federation of Government Employees.

  • March 30, 2020

    Trump Calls For Expanding Deductibility Of Restaurant Meals

    President Donald Trump has called for expanding the business tax deduction for meals and entertainment as a way to provide economic relief to restaurants that have been devastated by the novel coronavirus pandemic.

  • March 30, 2020

    Law Firm Mergers Dry Up Due To Coronavirus Pandemic

    After two record years for U.S. law firm combinations, deal-making has come to a screeching halt this spring as the nation grapples with a pandemic, in what could be the first time in four years the industry will see a decline in deals.

  • March 30, 2020

    Restaurants, Theaters Want Coverage For COVID-19 Shutdown

    A group of Chicago movie theater and restaurant owners are taking their insurance carrier to court, alleging the insurer has wrongfully denied them coverage for work interruptions resulting from a state-mandated shutdown of their businesses to help slow the spread of COVID-19.

  • March 30, 2020

    15 Minutes With Mars Inc.'s General Counsel

    The lead lawyer at global food, pet care and confectionery giant Mars suggests that general counsel who work at companies that might be acquired by a larger business should exercise patience. Here, she discusses Mars' 2008 acquisition of Wm. Wrigley Jr. Co. and the accompanying challenges, and how she plays an integral role in shaping strategy.

  • March 30, 2020

    'Codfather' Accomplice Can't Flip Conviction In 1st Circ.

    The First Circuit has rejected arguments from a former underling of the Bristol County, Massachusetts, sheriff that a slew of errors at trial tainted his conviction for smuggling money for the notorious fishing magnate known as the "Codfather."

  • March 27, 2020

    The Attys And Legal Logic Behind Stay-At-Home Orders

    The attorneys helping draft cities’ and states’ stay-at-home orders during the coronavirus pandemic have been tiptoeing through a legal minefield, working long hours to carve out the kind of work that should be considered “essential” and to ensure local governments aren’t overstepping their authority.

  • March 27, 2020

    Utilitarian Chicken Feeder Trade Dress Not Protected: 4th Circ.

    While livestock equipment manufacturer Hog Slat Inc. does not dispute that it copied CTB Inc.'s chicken feeder, CTB can't assert trade dress claims against its rival because its own expired patent acknowledged that the design is dictated by the feeder's utilitarian aims, the Fourth Circuit affirmed Friday.

  • March 27, 2020

    McDonald's Cites Justices' Comcast Ruling To Avoid ADA Suit

    McDonald's says a recent U.S. Supreme Court racial discrimination ruling supports its bid to escape an Americans with Disabilities Act lawsuit against the burger chain in Illinois federal court, saying the decision that allegations of bias must clear a high bar applies to the ADA suit.

  • March 27, 2020

    High-Demand Workers See Benefits Boost Amid Pandemic

    President Donald Trump signed a $2 trillion coronavirus relief bill Friday, but some employers stepped up and started enacting or strengthening policies meant to help protect and provide for their workers before the federal government got in gear. Here is a look at some of the voluntary upgrades companies have made to employee benefits in response to the pandemic.

  • March 27, 2020

    Texas Justices Revive Steak 'N Shake Sexual Assault Suit

    The Texas Supreme Court on Friday revived a suit seeking to hold burger chain Steak 'n Shake liable for a former employee's alleged sexual assault by a supervisor, saying a lower appeals court failed to consider late-filed evidence when it upheld a trial court's dismissal.

  • March 27, 2020

    COVID-19 Fuels Heated Fight Over CCPA Enforcement Timing

    The coronavirus pandemic has escalated tensions over whether companies have the necessary time and resources to fully comply with California's landmark privacy law by July, but even a temporary enforcement reprieve wouldn’t give businesses a free pass for their current conduct, experts say.

  • March 27, 2020

    Bar Louie Set For Ch. 11 Sale To Lenders, Auction Called Off

    Gastropub chain Bar Louie told the Delaware bankruptcy court Friday it is canceling a planned Chapter 11 auction and moving forward with the sale of its assets to secured lenders that served as its stalking horse bidder, saying no other qualified buyers came forward.

  • March 27, 2020

    Sales Tax Reliance Makes Fla. Vulnerable To COVID-19 Fallout

    At a time when fallout from the COVID-19 pandemic is wreaking havoc on state budgets nationwide, Florida's approach to tax policy, relying overwhelmingly on the traditional sales tax, has put it in a uniquely precarious position.

Expert Analysis

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • How Reports Of Forced Labor In China May Affect US Imports

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    Following reports of forced labor at an electronic components factory in China, global tech companies and others should prepare for legislative efforts and heightened U.S. Customs and Border Protection scrutiny intended to prevent imports of goods produced under such conditions, say Sydney Mintzer and Timothy Lee at Mayer Brown.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • ​​Coronavirus' Impact On Hospitality Businesses Is Profound

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    COVID-19 is causing devastating and potentially irreparable damage to the hotel, food and beverage, sports, and related industries — with lawyers in these sectors suffering as well. R.J. O’Hara at Flaherty & O’Hara takes an in-depth look at the ripple effects.

  • Lessons From A $265 Million Dicamba Damages Award

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    Due to the publicity and size of a Missouri federal court's recent verdict in Bader Farms v. Monsanto — in which the jury awarded a peach farm $265 million after the herbicide dicamba drifted onto its crops from neighboring fields — dicamba suits are likely to increase in number, say Philip Sholtz and Paul Knobbe at Goldberg Segalla.

  • BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

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    The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.

  • New Bankruptcy Law May Help Small Cos. Weather COVID-19

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    Almost miraculously, the newly effective Small Business Reorganization Act of 2019 provides small businesses the means to obtain relief from the economic effects of the coronavirus, says Andrew Zaron at Leon Cosgrove.

  • Federal Gov't Memos Can't Override State COVID-19 Closures

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    Recent U.S. Department of Homeland Security and U.S. Department of Defense memoranda identify essential critical infrastructure industries, but they don’t overrule state and local directives requiring businesses to close during the coronavirus outbreak, creating difficult choices for some, say Jeffrey Bialos and Erin Park at Eversheds Sutherland.

  • 3 Ways Leaders Can Improve Remote Work For Lawyers

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    Remote working doesn’t work when people feel they must apologize for or hide it, and lawyers often feel that way — even in unavoidable, disaster-related scenarios like we see with the pandemic today, says David Pierce at Axiom.

  • Tips For Online Mediation In The Age Of Social Distancing

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    While mediating via an internet conferencing platform during the COVID-19 crisis, remember that visual interactions are of vital importance. A simple phrase can be transformed into a sincere inquiry, a shocked response or a sarcastic put-down depending upon how we visually convey that message, says mediator Sidney Kanazawa at ARC.

  • Future Battles Foreshadowed In First COVID-19 Insurance Suit

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    The first insurance lawsuit on record for coronavirus coverage — Oceana Grill v. Certain Underwriters at Lloyd's, filed in Louisiana state court — highlights key questions that will be echoed across the country and underscores the importance of acting now to preserve claims, says Tae Andrews at Miller Friel.

  • How To Manage Marketing Risks For CBD Products

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    Until the U.S. Food and Drug Administration or Congress clarifies the path forward for CBD products, companies can follow certain best practices — including actively monitoring the supply chain and avoiding aggressive health claims — to mitigate risks caused by inconsistent state laws and active plaintiff bars, say attorneys at Sheppard Mullin.

  • Addressing COVID-19 Employee Rights Questions

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    As vulnerable workers raise questions about their rights during the COVID-19 pandemic, employers should review their obligations to provide a safe workplace, paid time off, family and sick leave, and anti-retaliation protections, say Matthew LaGarde and Carolyn Wheeler at Katz Marshall.

  • A Look Into FTC's Thinking On Pyramid Scheme Potential

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    Current and former Federal Trade Commission members may overstate a multilevel marketing company’s potential to become a pyramid scheme in a new paper, but they suggest it's essential to manage participants’ money-earning expectations to qualify as a legitimate operation, say members at The Brattle Group.

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