Food & Beverage

  • February 20, 2020

    NLRB Judge Says Burger Flipper Not Fired Due To Trans Bias

    A National Labor Relations Board judge has rejected allegations that an Oregon burger restaurant fired a worker because of protected group activity including complaints about alleged transgender bias, saying the evidence shows the worker was terminated for poor job performance and sanitary habits.

  • February 20, 2020

    NLRB To Review Nixed Union Election Over Pro-Union Button

    The National Labor Relations Board on Thursday gave workers at a Las Vegas-area casino another shot at organizing after a regional director shut down their election win over suspicion that board officials told a worker to remove a pro-union button, saying the alleged misconduct deserves a closer look.

  • February 20, 2020

    Wash. Floats Pausing Lower Aerospace Tax Amid EU Row

    Washington state would suspend a lower business tax rate for aerospace manufacturing under two bills introduced Thursday, a suspension proposed by Boeing to avoid international tariffs as the U.S. and European Union remain embroiled in a dispute over illegal subsidies.

  • February 20, 2020

    Fairway Markets Gets OK For $25M DIP Package

    Supermarket chain Fairway Markets won a New York bankruptcy court's approval Thursday for $25 million in debtor-in-possession financing after settling objections raised by its unsecured creditors.

  • February 19, 2020

    Calif. Judge Trims 7-Eleven Franchisee Classification Suit

    A California federal judge on Wednesday largely shot down 7-Eleven's summary judgment bid in a proposed class action alleging the convenience store giant misclassified its franchisees as independent contractors, keeping most of the franchisees’ claims alive but killing their allegation over unpaid overtime.

  • February 19, 2020

    Liqui-Box Will Divest To Get DOJ Blessing On $585M Merger

    The U.S. Department of Justice revealed Wednesday it has agreed to bless Liqui-Box Inc.’s $585 million pick-up of a London-based plastics business, provided the latter sells off several of its bag-in-box product lines within the United States.

  • February 19, 2020

    US Rips Into European Trade Barriers At WTO

    Tensions between the U.S. and the European Union bubbled over at the World Trade Organization on Tuesday as the Trump administration called out Brussels for a litany of trade irritants that have come to dominate a fractious commercial relationship.

  • February 19, 2020

    Diageo To Pay $5M To Settle SEC Overshipping Action

    Diageo, the British alcoholic beverage company responsible for brands like Guinness and Smirnoff, agreed Wednesday to hand over $5 million to the U.S. Securities and Exchange Commission to resolve claims that it covered up excess product shipments and misled investors about financial results.

  • February 19, 2020

    UK Top Court Lets Investors Pursue $323M Romanian Award

    The U.K.'s top court on Wednesday allowed two Swedish food investors to resume their efforts to enforce a $323.6 million arbitral award against Romania, concluding a lower court exceeded its power when it paused the litigation while a European court considers whether the award is illegal.

  • February 18, 2020

    Restaurant Groups Can't Upend NYC Fair Workweek Law

    A New York judge on Tuesday held that New York City’s Fair Workweek Law requiring fast-food businesses to give employees a two-week advance notice of work schedules is valid, rejecting a challenge by several restaurant industry groups that claimed it was preempted by state law.

  • February 18, 2020

    Pot Edibles Maker's Prior-Use Defense Tossed In TM Suit

    A California federal judge on Friday partly granted a health food company’s motion to toss a marijuana edibles maker’s affirmative defenses for using the “Kiva” brand, ruling that the marijuana company can’t claim prior use of the mark because its products are illegal under federal law.

  • February 18, 2020

    Toxic Pet Food Suit Trimmed Of Negligence Claims

    A New York federal judge on Tuesday axed negligence claims from a proposed class action suit against Champion Petfoods alleging its Acana and Orijen pet foods contain heavy metals known to pose health risks, but allowed misleading advertising claims to go forward.

  • February 18, 2020

    Hagens, Pomerantz, Rosen To Lead Canopy Stock-Drop Suit

    Hagens Berman Sobol Shapiro LLP, Pomerantz LLP and The Rosen Law Firm PA have nabbed co-lead counsel roles in stock-drop litigation alleging Canadian cannabis giant Canopy Growth Corp. misled investors about the demand for oils and softgels before the products led to millions in write-offs.

  • February 18, 2020

    Puerto Rican Restaurant Slams Hilton With $4.65M TM Suit

    The owners of a Puerto Rican restaurant named Salitre Mesón Costero have filed a $4.65 million trademark suit in federal court accusing a Hilton company and affiliates of opening a separate eatery with a nearly identical name, claiming they’re trying to suggest a connection to their competitor.

  • February 18, 2020

    LaCroix Drinkers Retract Claims Over 'Natural' Label

    Illinois consumers on Tuesday agreed to drop a proposed class action and later retracted their claims that the maker of the wildly popular LaCroix sparkling water wrongly advertised its drinks are “100% Natural” despite adding synthetic compounds used in insecticides and cancer treatments.

  • February 18, 2020

    Insurer Won't Cover Nathan's Franchisee Over Fatal Crash

    An insurance company asked a South Carolina federal judge Tuesday to affirm that it doesn’t owe coverage to a Nathan’s Famous franchisee over a fatal car crash caused by one of the fast-food chain’s employees while driving a company vehicle.

  • February 18, 2020

    Pyrex Buyers Want To Ditch Exploding Dishes Suit

    Consumers alleging they bought defective Pyrex dishes prone to exploding are seeking to voluntarily dismiss remaining individual state law claims against Corelle Brands LLC after an Illinois federal judge granted the kitchenware company's bid to strike national class allegations in September.

  • February 18, 2020

    Hot Sauce Maker Wins Trademark Suit Over THC Product

    The maker of Tapatío hot sauce has convinced a court to bar a cannabis-infused imitator from using a similar name and label, which it claimed damaged Tapatío’s reputation by associating it with a product containing a Schedule 1 controlled drug.

  • February 16, 2020

    Bayer, BASF Hit With $265M Verdict In First Dicamba Trial

    A federal jury awarded $15 million in compensatory damages Friday and $250 million in punitive damages Saturday in the first trial over claims that dicamba makers Bayer unit Monsanto and BASF were liable for the decimation of a large Missouri peach farm due to a neighboring cotton farm's use of the weedkiller.

  • February 14, 2020

    San Diego Nears Halt Of Instacart Worker Classification

    A California judge indicated he will grant San Diego's request for an injunction forcing grocery delivery service Instacart to stop classifying its delivery workers, known as "shoppers," as independent contractors instead of employees.

  • February 14, 2020

    Six Teams Seek Chancery Lead For $1.2B Kraft Heinz Suit

    At least six legal teams are battling for the lead counsel banner in a consolidated Chancery Court derivative suit targeting an alleged $1.2 billion insider share trade in 2018 by an insider of The Kraft Heinz Co. just ahead of stock-crushing bad news.

  • February 14, 2020

    $2.1M In Vanished Booze Should Be Covered, Collector Says

    A venture formed to collect expensive whiskey and wine sued two insurance companies in New York federal court, alleging they wrongly denied coverage for more than $2 million worth of booze that went missing right before a business partner in the venture went "radio silent."

  • February 14, 2020

    Calif. Seeks To Nix Uber, Postmates' AB 5 Challenge For Good

    The state of California urged a federal judge to toss Uber and Postmates' suit challenging a new law making it harder for workers to be classified as independent contractors, arguing the case should be dismissed for the same reasons the judge rejected the companies' efforts to pause the litigation.

  • February 14, 2020

    US Hikes Tariffs On EU Planes In Airbus Tussle

    The Trump administration on Friday said it would raise its retaliatory tariff on European Union aircraft from 10% to 15% in the long-running World Trade Organization battle over illegal subsidies granted to Airbus.

  • February 14, 2020

    Ex-Wanu Water CEO's Conspiracy Suit Tossed In Chancery

    A Delaware vice chancellor on Friday tossed a lawsuit by the founder and ex-CEO of nutrition-infused water startup Wanu Water, saying he failed to show enough evidence to support assertions that a former director engaged in a "conspiracy" to plot his ouster through a defamatory smear campaign.

Expert Analysis

  • 4 Considerations When Moving To A New Law Firm

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    When contemplating a lateral move to a new law firm, lawyers should carefully review questions concerning firm structure, benefits, compensation and binding documents in order to identify obligations and potential red flags, say Amy Richardson and Lauren Snyder at Harris Wiltshire.

  • Trump Navigable Waters Rule Bound For Court Challenges

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    The U.S. Environmental Protection Agency and Army Corps of Engineers' final rule interpreting the term “waters of the United States" furthers Trump administration efforts to narrow the Clean Water Act, but litigation challenging the new rule is inevitable, say attorneys at Perkins Coie.

  • A Modest Plan To Streamline Civil Cases In LA Superior Court

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    The California Legislature's recent effort to simplify civil litigation is laudable, but working with the Los Angeles Superior Court to make efficient litigation stipulations mandatory, rather than voluntary, would improve the process further, say professor Gary Craig and students Jasmine Gomez and Kennedy Myers at Loyola Law School.

  • What Courts Are Saying About Litigation Finance Disclosure

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    Four recent federal court decisions concerning commercial litigation finance disclosure are largely consistent with a broader trend of rejecting or limiting discovery based on relevance and the attorney work product doctrine, say Stephanie Spangler at Norris McLaughlin and Dai Wai Chin Feman at Parabellum Capital.

  • CBD Risks Linger Despite Farm Bill, USDA Hemp Rules

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    The 2018 Farm Bill and the U.S. Department of Agriculture’s draft interim rules for federal and state hemp programs filled some crucial regulatory gaps for the hemp and CBD industries, but a lack of clear standards leaves growers, distributors and retailers still legally vulnerable, say Anita Sabine and Nancy Nan of Manatt.

  • Surefire Marketing Methods To Build Your Legal Practice

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    Attorneys who take the time and the risk to showcase their talents through speaking, writing and teaching will find that opportunities will begin building upon themselves, says Daniel Karon of Karon LLC.

  • In California, Off The Clock Is No Longer On The Table

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    Given recent developments in California statutory and case law affirming workers' rights to be paid for off-the-clock work, eliminating uncompensated work time will reduce litigation risk for employers, and ensure fairness for employees, say Eric Grover of Keller Grover and attorney Scot Bernstein.

  • Setting Boundaries: An Essential Skill For Lawyers

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    While lawyers may often view boundaries as a restraint on their potential or a sign of weakness, failing to establish good boundaries can have negative consequences for their health, behaviors, relationships and careers, says Jennifer Gibbs at Zelle.

  • Expect More Pro-Business Rulings From NLRB This Year

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    Following many business-friendly decisions from the National Labor Relations Board last year, 2020 is shaping up to be another year of similar rulings on issues like joint employment, protected concerted activity and employer private property rights, say John Bolesta and Keahn Morris at Sheppard Mullin.

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Pro-Employer NLRB Rulings May Prompt Handbook Reviews

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    Three new National Labor Relations Board rulings that overturn Obama-era pro-worker precedents may indicate that now is a good time for employers to strengthen their workplace policies on nonbusiness email use, investigation confidentiality and union dues, say Charles Caulkins and Garrett Kamen at Fisher Phillips.

  • Navigating Criminal Antitrust Inability-To-Pay Claims With DOJ

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    Due to the U.S. Department of Justice Antitrust Division's silence following recent guidance from the Criminal Division on inability-to-pay claims, counsel defending these claims should evaluate the Antitrust Division's historical approach in crediting cooperation, say attorneys at BakerHostetler.

  • Legal Lessons From Esports Sponsorship Deals

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    Riot Games’ recent global partnerships with Louis Vuitton, OPPO and Red Bull may provide a potential template for other companies, leagues and players seeking to form similar agreements, and they should serve as a reminder of how carefully constructed such deals will need to be, say James Chang at Pillsbury and Sean Gilbert and Neil Thakur at Teknos Associates.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Federal Court Rulings Highlight Key Privilege Lessons

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    Recent decisions from federal courts in Illinois, Delaware and New York illustrate the importance of proactively thinking about attorney-client privilege issues such as proper procedures for conducting a review, how common interest privilege can be invoked and when public relations firm communications are protected, say attorneys at Paul Weiss.

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