Food & Beverage

  • May 20, 2020

    Meatpacking Union Says H-2B Change Is 'Betrayal' of Workers

    A recent U.S. Department of Homeland Security decision easing restrictions on the H-2B visa program threatens the safety of meatpacking workers amid the coronavirus pandemic, according to America's largest food and retail union.

  • May 20, 2020

    Alaska Native Hospital Calls For Pandemic Fishery Shutdown

    Alaska Gov. Mike Dunleavy's decision to allow commercial fishing this summer could precipitate a public health crisis for native villages in the Bristol Bay region in violation of state human rights law, native leaders and health experts say. 

  • May 20, 2020

    Instacart Faces Uphill Battle To Arbitrate Courier's PAGA Suit

    A San Francisco judge tentatively denied Instacart's bid to arbitrate a courier's California Private Attorneys General Act claims, expressing skepticism Wednesday that the Federal Arbitration Act and two recent U.S. Supreme Court decisions require the move.

  • May 20, 2020

    7th Circ. Urged To Rethink Federal Standing Of BIPA Suits

    A "mistaken" Seventh Circuit panel caused a circuit split when it drew a distinction between two sections of Illinois' landmark biometric law to determine federal standing, and the full court should review the case to give litigants more certainty, Compass Group USA Inc. told the court Tuesday. 

  • May 20, 2020

    House Set To Approve Flexibility For PPP Small-Biz Loans

    The House is expected to vote next week on a narrow bipartisan bill that would give more flexibility to small businesses that receive forgivable loans from the Paycheck Protection Program, removing certain requirements and extending several deadlines.

  • May 20, 2020

    Fed. Judge Remands COVID-19 Coverage Case To State Court

    A Pennsylvania federal judge quickly sent a Pittsburgh restaurant's lawsuit seeking coverage for coronavirus-related losses back to state court Tuesday, reasoning that there weren't any state court rulings on similar claims the federal court could rely on.

  • May 20, 2020

    Mars Sues Rival Food Co. Over Trade Secrets Theft

    Mars Inc. is suing rival food giant JAB Holdings Inc. over allegations that a longtime executive jumped ship with a trove of proprietary information.

  • May 20, 2020

    6 Firms Assist As Apollo Plugs $1.75B Into Albertsons

    Apollo Global Management has agreed to buy $1.75 billion worth of stock in privately owned U.S. grocery giant Albertsons, the companies said Wednesday, in a deal put together with the help of six law firms.

  • May 20, 2020

    BrewDog Loses 'Trump Supporter' Libel Row With PR Firm

    Craft beer maker BrewDog lost a defamation lawsuit against a public relations firm that promoted events promising free beer for fans of Donald Trump as a judge said Wednesday there was no suggestion the brewery supported the U.S. president.

  • May 19, 2020

    Firms Get Fiery In Fight To Lead Consolidated Luckin Suit

    The New York federal judge who consolidated the investor suits against Luckin Coffee on Friday is now reviewing an aggressive lead plaintiff race that drew 18 bids and and has seen its leading contenders cast fiery rebukes at one another.

  • May 19, 2020

    Tribal Fishing Co. Says OSHA Has To Keep Hands Off

    A Red Lake Band of Chippewa Indians-owned fishing company urged the Eighth Circuit on Tuesday to uphold a ruling that it didn't have to submit to a federal inspection following the fatal drowning of two employees, saying the Occupational Safety and Health Administration has no say over the tribe's treaty-protected fishing business.

  • May 19, 2020

    Food Lion Targets Part Of Co-Op's $433M Dean Foods Deal

    Food Lion LLC filed a lawsuit against Dairy Farmers of America in federal court Tuesday challenging the cooperative's recent purchase of milk processing facilities in North and South Carolina, part of a larger $433 million purchase of assets from bankrupt milk producer Dean Foods that it said fits within a long-running anti-competitive campaign.

  • May 19, 2020

    Ohio Tax Amnesty Bill For Virus Recovery Clears House Panel

    An Ohio bill seeking to offer a three-month tax amnesty program for a bevy of taxes as the state economy recovers from the novel coronavirus pandemic won approval Tuesday from a key House tax-writing committee.

  • May 19, 2020

    Swedish Investors Get $356M Award OK'd By DC Circ.

    The D.C. Circuit on Tuesday enforced a more than $356 million arbitral award issued to two Swedish investors following a dispute with Romania over revoked economic incentives tied to food-and-drink facilities they built, rejecting the European Commission's arguments that an underlying arbitration agreement is precluded under EU law.

  • May 19, 2020

    McDonald's Beats ADA Class Action Over Drive-Thru Access

    An Illinois federal judge nixed a putative class action from a visually impaired customer who claims her inability to access McDonald's during drive-thru-only hours is a violation of the Americans with Disabilities Act, finding Tuesday that driving itself is not a protected "major life activity" under the ADA.

  • May 19, 2020

    Five Guys Workers Take 2nd Shot At Wage Class Action Deal

    The lead plaintiff of a wage class action against Five Guys on Monday again asked a California federal judge to grant preliminary approval of a $1.2 million class action settlement after a previous motion was rejected for "notable failures," including excessive attorney fees and a lack of detail.

  • May 19, 2020

    Peet's Coffee Owner To Raise €2B In IPO, Secondary Offering

    The owner of Peet's Coffee said Tuesday that it is planning a €700 million ($766.8 million) initial public offering and looking to raise a reported €2 billion in total between the IPO and a secondary offering to existing shareholders.

  • May 19, 2020

    11th Circ. Undoes Benihana's Atty Fee Award In Lease Dispute

    The Eleventh Circuit has vacated an attorney fees award for Benihana Inc. in a dispute with a Dutch cargo airline over a commercial sublease, ruling that the district court prematurely declared that the Miami-based Japanese restaurant was the prevailing party.

  • May 19, 2020

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

    In signs of hope this week that COVID-19 won't totally sabotage the summer's economy, four coastal states announced the reopening of beaches and Delaware lifted the ice cream truck moratorium, marking a sweet development in pandemic recovery efforts.

  • May 19, 2020

    UK Reveals 'Global Tariff' Plan To Replace EU Duty Structure

    The U.K. government on Tuesday unveiled a new global tariff schedule set to replace its existing, pre-Brexit duty regime, shielding certain sensitive U.K. industries such as agriculture and fishing while slashing duties in other areas.

  • May 19, 2020

    Workers Call McDonald's 'Public Nuisance' In Virus Safety Suit

    Lax safety standards at several Chicago-area McDonald's restaurants during the novel coronavirus pandemic have created a public health risk, a group of workers said in a class action Tuesday, citing a dearth of clean protective gear and a lack of safety training as among the biggest problems.

  • May 19, 2020

    British Catering Co. Seeks £2B In COVID-19 Holdover Cash

    British catering company Compass Group PLC said Tuesday it's planning to raise £2 billion (about $2.4 billion) to help it continue during the COVID-19 pandemic, which resulted in the company losing about half of its business in April alone due to government shutdowns.

  • May 18, 2020

    China Lagging On Vow To Boost Energy, Agriculture Imports

    China has gotten off to a sluggish start in its commitment to ramp up purchases of certain U.S. goods, particularly agriculture and energy products, according to a report released by the Peterson Institute for International Economics on Monday.

  • May 18, 2020

    SBA Can't Get Strip Club Loans Order Paused At 6th Circ.

    The Sixth Circuit has refused to pause a Michigan federal judge's order blocking the U.S. Small Business Administration from withholding Paycheck Protection Program loans from strip clubs and other sexually oriented businesses, although one panelist sharply dissented.

  • May 18, 2020

    Va., Md. And DC Threaten EPA Over Chesapeake Bay Pollution

    Virginia, Maryland and the District of Columbia have threatened to sue the Trump administration for failing to enforce a pollution reduction plan for the Chesapeake Bay Watershed.

Expert Analysis

  • 2 Key NY Law Considerations For COVID-19 Contract Disputes

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    When contract performance matters are litigated in the wake of the pandemic, New York courts might need to consult wartime and other disaster-related cases to resolve two crucial questions parties will disagree on, say Seth Kruglak and Victoria Corder at Norton Rose.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • Mitigating Class Action Exposure From COVID-19 Disruptions

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    Businesses that have canceled events or suspended services due to the pandemic should consider that refunds and other remedies for customers could help offset damages and reduce liability in future breach of contract class actions, say Chantale Fiebig and Kelley Pettus at Gibson Dunn.

  • Workplace Safety Class Claims Loom As Cos. Plan To Reopen

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    Employers preparing to reopen can avoid liability for pandemic-related class claims by implementing robust safety policies to protect workers and tracking guidance from the Occupational Safety and Health Administration, say Robert O'Hara and David Garland at Epstein Becker.

  • Opinion

    Reopening Economy Requires Liability Shield For Businesses

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    Without responsibly limiting COVID-19 liability for the business community — as the Senate Judiciary Committee discussed Tuesday — no amount of encouragement to reopen the economy will get the country back to work, says Samuel Olens, counsel at Dentons and former attorney general of Georgia.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • Solutions For Commercial Tenants Facing Rent Challenges

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    Various remedies are available to commercial tenants struggling to pay rent due to COVID-19, but lease restructuring may be the most likely option to yield a win-win for tenants and landlords, says Robert Cox at Briglia Hundley.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Protecting Privilege When Communicating With Contractors

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    Courts continue to define where information shared with independent contractors and specialists fits for purposes of the attorney-client privilege, and recent decisions show that jurisdictions vary in their application of the third-party waiver exception, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Justices' Maui Test Bodes Well For Trump's Water Rule

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    The test for Clean Water Act discharge permitting established by the U.S. Supreme Court's recent County of Maui v. Hawaii Wildlife Fund decision is consistent with the court's 2006 Rapanos ruling — which could help the Trump administration beat back challenges to its new Navigable Waters Protection Rule, say Andrew Bell and Zachary Kearns at The Law Office of Andrew C. Bell.

  • Unpacking Fed. Circ. Multicolor Trade Dress Ruling

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    The recent Federal Circuit opinion concerning Forney Industries that multicolor trade dress on packaging can be inherently distinctive may lead to attempts by brand owners to monopolize single colors in the future, even without proof of acquired distinctiveness, say Evan Gourvitz and David Serati at Ropes & Gray.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

  • Socially Distancing Your Brand From Rogue Influencers

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    With some social media influencers disobeying public health directives and engaging in other bad behavior during the COVID-19 pandemic, it's a good time for advertisers to review the morals clause language in their agreements with influencers, says Jason Gordon at Reed Smith.

  • Beware WARN Act Liability For Pandemic-Related Layoffs

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    Two early class action claims that allege violations of the Worker Adjustment and Retraining Notification Act portend a wave of litigation questioning whether certain decisions to terminate employees were unforeseeable, necessary, or truly caused by COVID-19, say Barbara Roth and Tyler Hendry at Herbert Smith.

  • Legal Risks Facing Retailers Amid Pandemic Market Shifts

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    The COVID-19 crisis is changing the way consumers shop, but retailers that are adapting to stay competitive should consider the state and federal law risks associated with auto-renewals, product giveaways, retail installment contracts, and other currently popular programs, say attorneys at Steptoe & Johnson.

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