Food & Beverage

  • May 22, 2020

    Justices Told Not To Hear Doctrine Of Equivalents Challenge

    The U.S. International Trade Commission and Japanese food conglomerate Ajinomoto are urging the U.S. Supreme Court to keep a Federal Circuit rule on when patent infringement can be found under the doctrine of equivalents, the latest two to weigh in on the closely watched issue.

  • May 22, 2020

    9th Circ. Urged To Undo Buyers' Cert. In Tuna Antitrust Fight

    The Washington Legal Foundation is backing a petition by the country's three largest tuna producers to vacate the certification of a consumer price-fixing class, telling the Ninth Circuit that a district judge erroneously allowed three separate classes of buyers to "manufacture" claims that they all suffered the same injuries.

  • May 22, 2020

    Real Estate Rumors: Chetrit, Altaris, Zurich Insurance

    Isaac Chetrit has reportedly paid $28.7 million for a New York development site, Altaris Capital is said to have picked up a California building from a 3M spinoff for $35.7 million, and a Zurich Insurance arm has reportedly bought a Whole Foods-anchored retail space in Florida for $46.75 million.

  • May 22, 2020

    Borden Dairy Sets June Auction For Possible Ch. 11 Sale

    A Delaware judge on Friday approved plans for Borden Dairy Co. to hold an auction next month to potentially sell its assets, as the milk supplier continues to pursue a dual Chapter 11 path that could sell assets or set a plan to restructure its debt and business.

  • May 22, 2020

    Tyson Foods Slammed With Wrongful COVID-19 Death Suit

    The family of a former Tyson Foods meatpacking plant employee who died after contracting COVID-19 has hit the meat processor with a wrongful death lawsuit, saying she was forced to work during the pandemic without proper protective gear.

  • May 22, 2020

    Marston's, Carlsberg Ink Deal To Form £780M UK Brewing JV

    Marston's and Carlsberg have agreed to form a British brewing joint venture that is valued at roughly £780 million ($951 million) and will house brands including Pedigree, Hobgoblin and Danish Pilsner beers, the companies said Friday.

  • May 21, 2020

    9th Circ. Partly Revives Sonic Worker's Sex Harassment Suit

    A split Ninth Circuit panel ruled Wednesday that a trial court wrongly dismissed a claim by a former Sonic franchise worker over sexual harassment and retaliation as "duplicative" during trial, remanding the case for further proceedings and rejecting legal fees that had been awarded to the fast-food chain.

  • May 21, 2020

    Fed. Judge Won't Pause Pa.'s COVID-19 Biz Closure Order

    A federal judge denied a bid by business owners and political candidates to temporarily suspend Pennsylvania's COVID-19 shutdown order, saying his court "will not micromanage public policy in the midst of a pandemic."

  • May 21, 2020

    Judge Urges End To Suit Over Papa Murphy's $190M Merger

    A Washington federal magistrate judge recommended pizza chain operator Papa Murphy's and its financial adviser be dismissed from a putative securities class action accusing the pick-up and delivery company of downplaying its finances ahead of a $190 million merger that allegedly gave investors too small of a slice.

  • May 21, 2020

    Restaurant Consumers Eye Final Settlement OK In TCPA Suit

    Consumers have asked a California federal judge for his final signoff on a $4 million class action settlement to end a suit that claimed a restaurant consulting company violated the Telephone Consumer Protection Act through a text-messaging campaign for quick-service chain A&W.

  • May 21, 2020

    US Trustee Balks At Borden's Ch. 11 Executive Bonus Plans

    The U.S. Trustee's Office Thursday asked the Delaware bankruptcy court to reject milk producer Borden Dairy Co.'s request to pay up to $2 million in bonuses to top executives, saying the company has not justified the payments in light of the COVID-19 pandemic.

  • May 21, 2020

    Lawsuit Says New Calif. Water Contracts Ignored Environment

    The federal government has illegally converted short-term contracts that allow the transfer of California water to largely agricultural areas into permanent ones, environmental groups said in a lawsuit filed Wednesday.

  • May 21, 2020

    Conservation Group Seeks To Protect Endangered Dolphins

    A marine wildlife conservation nonprofit has sued a group of U.S. government agencies, claiming they illegally refused to ban imports from New Zealand fisheries that use gear proven to be harmful to an endangered dolphin population.

  • May 21, 2020

    'Unprecedented' Worker Unrest Tees Up Union Surge

    Labor unions have been inundated with calls for help from nonunion workers fearful of contracting the coronavirus on the job, setting the stage for a wave of organizing following decades of declining union membership, labor leaders say.

  • May 21, 2020

    Biz Groups Urge Congress To Enact COVID-19 Liability Shield

    The U.S. Chamber of Commerce and dozens of state and local business groups are urging Congress to enact liability shields for businesses that are reopening amid the COVID-19 pandemic.

  • May 21, 2020

    11th Circ. Affirms Nix Of Suit Claiming Weedkiller In Cheerios

    General Mills Inc. escaped a proposed class action claiming it failed to reveal that its Cheerios cereal contains glyphosate, a possible carcinogen, after the Eleventh Circuit agreed with a lower court's ruling that the consumer was only asserting "hypothetical" harm to her health.

  • May 21, 2020

    Deals Rumor Mill: SoftBank, NBA, Nasdaq

    SoftBank may sell part of its stake in T-Mobile, Dyal Capital is seeking $2 billion for a fund that will buy stakes in NBA teams, and new rules could make it difficult for Chinese companies to debut on the Nasdaq. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • May 21, 2020

    NY Firm Chided For Playing 'Fast And Loose' In FLSA Case

    A New York federal judge has slapped Troy Law PLLC with a $5,000 sanction after finding the employment firm failed to properly serve defendants in a Fair Labor Standards Act suit multiple times, calling the firm a "repeat player" that has "played too fast and loose" with ethics during the case.

  • May 20, 2020

    Kroger Drops Bid To Recoup Emergency Pay From Workers

    Kroger won't require workers to return coronavirus-related emergency pay they received that the company contended were overpayments, the United Food and Commercial Workers Local 770 said Wednesday.

  • May 20, 2020

    Brewery Servers Get Conditional Cert. In Tipped-Wage Suit

    A Pennsylvania federal judge has given his initial blessing to a collective class of servers at 16 brewery restaurants who claim they were not paid minimum wage because their employer wrongly calculated their pay when taking a "tip credit" for time they spent on untipped work.

  • May 20, 2020

    Advocacy Groups Decry New Trump Deregulatory Move

    Environmental and other advocacy groups say more harm than good will come from President Donald Trump's executive order that instructs agencies to work faster to reduce regulations and cut more red tape to help the economy rebound.

  • May 20, 2020

    Ohio House OKs Tax Amnesty To Boost Pandemic Recovery

    Ohio would offer a broad tax amnesty program to businesses and individuals for the first quarter of next year while the state economy recovers from the novel coronavirus pandemic under a bill the state House of Representatives passed Wednesday.

  • May 20, 2020

    Third Time's Not The Charm For 'Raw' Honey Labeling Suit

    Consumers who bought Nature Nate's honey and claim they were deceived by its "raw" and "100% pure" labeling failed to show the product was excessively heated or had added syrups, the honey seller told a Texas federal court.

  • May 20, 2020

    Sports Beer Co. Owner Sanctioned In Penn State TM Suit

    A Pennsylvania federal judge on Wednesday slapped a brewing company with $10,000 in sanctions after it provided illegible handwritten responses to court-ordered discovery requests from Pennsylvania State University in a dispute over alleged unauthorized use of school trademarks to hawk beer and cigars.

  • May 20, 2020

    Craftworks OK'd For Ch. 11 Sale That Hands Assets To Lender

    A Delaware bankruptcy judge on Wednesday gave his nod to the sale of bankrupt restaurant chain owner CraftWorks Parent LLC, which operates Logan's Roadhouse locations, to its secured lender that put in a $93 million credit bid, with the buyer saying it plans to keep at least 150 restaurants in operation.

Expert Analysis

  • Limited Liability Legislation May Help Florida Reopen

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    A review of statutes and case law suggests that Florida businesses considering reopening face potential liability for transmission of COVID-19 to employees and customers. Legislation providing limited liability for businesses that implement effective health practices may be a better way forward, says Michael Bittman at Nelson Mullins.

  • 5 Tips For Emergency Relief Petitions During COVID-19

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    Business disputes are not a priority for courts right now, so companies looking to protect their trade secrets or rights to contractual performance must tailor their requests for emergency relief to the unique circumstances of this time, says Shannon Armstrong at Holland & Knight.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Va. Pro-Worker Laws Create New Litigation Risks For Cos.

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    Virginia employers will likely face an increase in bias and retaliation claims, as well as collective wage and hour litigation, under new laws that create protections for LGBTQ employees, additional remedies for recovering unpaid wages, and independent contractor and whistleblower regulations, says Jack Blum at Polsinelli.

  • Anticipating The Top 4 COVID-19 Employment Claims

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    Several trends taking shape among early claims against employers related to COVID-19 provide guidance for handling Families First Coronavirus Response Act paid leave, Americans with Disabilities Act and Family and Medical Leave Act obligations, and discrimination and wage and hour issues, says Lariza Hebert at Fisher Phillips.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Inside The First Paycheck Protection Program Fraud Charges

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    The first three criminal actions against individuals for alleged schemes to defraud the Paycheck Protection Program send a strong message about the rigor with which the U.S. Department of Justice will proceed in order to root out abuse of the CARES Act relief programs, say attorneys at Winston & Strawn.

  • Coffee Chain Fraud Spotlights Governance Issues Amid Crisis

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    The recent Luckin Coffee accounting fraud underscores the need for robust series processes and controls to prevent and detect financial misconduct as corporate growth slides and employment falls, say professionals at K2 Intelligence.

  • How USPTO Examiner Type Affects Patents: Part 1

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    Michael Sartori and Matt Welch at Baker Botts analyzed 10 years of data and found that certain types of examiners at the U.S. Patent and Trademark Office allow and examine disproportionately more U.S. patents each year than other types of examiners, resulting in few allowing many, and many allowing few.

  • #MeToo's Unexpected Implications For Shareholder Litigation

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    Attorneys at Debevoise discuss forms of shareholder litigation arising from the #MeToo movement, some early cases expressing skepticism of the claims, and recent actions that suggest renewed interest by plaintiffs and increased risk for companies.

  • COVID-19 Merger Moratorium Could Hamper Vital Innovation

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    The proposed Pandemic Anti-Monopoly Act's broad ban on M&A activity could stifle growth and innovations crucial for navigating the current health and economic crisis, thereby harming the very businesses, workers and consumers it aims to protect, say analysts at NERA and Tanisha James at Cooley.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

  • Major Trends In COVID-19 Business Interruption Lawsuits

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    A look at the business interruption insurance lawsuits filed across the country in connection with COVID-19 losses reveals three ways policyholders are arguing for coverage, as well as a variety of approaches to the issue of virus exclusions, say Lee Siegel and Ryan Maxwell at Hurwitz & Fine.

  • Workers' COVID-19 Injury Claims May Not Hold In Court

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    Employees filing workplace injury claims related to COVID-19 in court to avoid potential challenges in the workers’ compensation system may find it difficult to prove intent or gross negligence if the company followed applicable safety guidelines, say attorneys at Hoguet Newman.

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