Food & Beverage

  • 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.

  • March 27, 2020

    Monsanto Must Face San Diego Port's PCB Nuisance Claim

    A California federal judge has cleared the San Diego Unified Port District to proceed with claims that Monsanto Co. must fund the cleanup of San Diego Bay after allegedly manufacturing for decades the polychlorinated biphenyls that now contaminate it.

  • March 27, 2020

    Lucky's Market Concludes Ch. 11 Auctions With $29M In Sales

    Bankrupt health food retailer Lucky’s Market announced nearly $29 million in asset sales Friday after the conclusion of seven auctions identified winning bidders for its store locations and distribution center.

  • March 27, 2020

    Anheuser-Busch Can't Nix Retirees' Mortality Rate ERISA Suit

    A Missouri federal judge on Friday rejected all five arguments put forth in Anheuser-Busch's bid to dismiss a proposed class action claiming the beer giant shorted workers by using out-of-date mortality rates to calculate their retirement benefits.

  • March 27, 2020

    Fairway Floats $70M Deal For Grocery Workers' Pensions

    Supermarket chain Fairway Markets is asking a New York bankruptcy judge to sign off on a nearly $70 million pension settlement with its union workforce, saying it will allow the company to move forward with its asset sales without encumbrance.

  • March 27, 2020

    Coronavirus Litigation: The Week In Review

    Multiple public officials have been hit with lawsuits over their actions surrounding the COVID-19 pandemic, vendors are facing allegations of price-gouging, and a proposed class has accused China of hiding the dangers of the coronavirus outbreak and costing U.S. small businesses billions of dollars.

  • March 27, 2020

    Calif. French Eateries Sue Hartford For Coronavirus Coverage

    A pair of Napa Valley-based French restaurants owned by prominent chef Thomas Keller have sued Hartford Fire Insurance Co. in California state court, seeking a ruling that the insurer must cover the eateries' losses due to government-mandated closures tied to the outbreak of the novel coronavirus.

  • March 26, 2020

    New Postmates Suit Pans Workers' 'Abusive Litigation Tactics'

    Postmates asked a California federal judge to block more than 10,000 workers from simultaneously pursuing wage claims in arbitration, and to rip up a new state law letting workers haul employers into court if they take too long to pay arbitration fees.

  • March 26, 2020

    Egg Buyers Push 3rd Circ. On Strict Antitrust Standard

    Egg buyers urged the Third Circuit during oral arguments Wednesday to upend a jury verdict finding a major producer of eggs did not carry out an illegal conspiracy to reduce supply, arguing that the jurors should not have been permitted to consider justifications for the scheme.

  • March 26, 2020

    Major Burger King Franchisee Accused Of Shorting Workers

    The nation’s second-largest Burger King franchisee and its Illinois subsidiary broke state and federal labor laws by shaving time off of hourly restaurant workers’ time cards, according to a proposed class action filed Thursday in Chicago federal court.

  • March 26, 2020

    Virus Relief Bill Blocks Aid To Foreign Cos., Cruise Lines

    The $2 trillion coronavirus relief bill before the House includes language blocking foreign corporations from receiving assistance, which could prevent cruise lines and others that receive favorable tax treatment due to offshore parent entities from accessing $500 billion in loans.

  • March 26, 2020

    Dems Urge Big Cos. To Offer Paid Leave Amid Pandemic

    Democratic Sens. Kamala Harris and Kirsten Gillibrand on Thursday pushed McDonald’s, Walmart and nearly three dozen other large U.S. companies to implement a paid sick leave policy similar to the one Congress recently instituted for businesses with fewer than 500 workers during the novel coronavirus pandemic. 

  • March 26, 2020

    Fed. Circ. OKs Rejection Of Fruit Container Patent Application

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's rejection of a patent application for a fruit ripening container, finding that the board correctly determined the invention was rendered obvious by prior art.

  • March 26, 2020

    Deals Rumor Mill: SoftBank, Neiman Marcus, UniCredit

    SoftBank considered going private before announcing its $41 billion asset sale, Neiman Marcus is mulling bankruptcy as it deals with a $4.3 billion debt load, and UniCredit is buying a €435 million stake in Italian supermarket chain Esselunga. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • March 26, 2020

    British Land Extends $547M Credit Facility Amid COVID-19

    British Land has extended and amended an existing credit facility into a £450 million ($547.4 million) line of credit while suspending rent obligations for the second quarter for certain tenants amid the coronavirus pandemic, the U.K.-based real estate investment trust announced on Thursday.

Expert Analysis

  • Local Gov'ts Have An Important Role In Fighting Coronavirus

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    Following state and federal declarations of emergency in the U.S. in response to the coronavirus outbreak, local authorities and health officials must have a seat at the decision-making table as they know their own communities best and have valuable information to share, say Mary-Christine Sungaila and Marco Pulido at Haynes and Boone.

  • Hope For Employers On The PAGA Litigation Horizon

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    Manageability arguments against California Private Attorneys General Act claims involving many singular inquiries are gaining traction, despite the state Supreme Court’s recent ruling that individual settlements don’t preclude PAGA claims in Kim v. Reins and other recent defense challenges, say Spencer Skeen and Tim Johnson at Ogletree.

  • 7 Ethics Considerations For Lawyers Using Lead Generators

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    Lawyers should keep in mind that they may well be held responsible for the conduct of lead generation services they employ, even though the ethical and legal requirements in this area can be murky, say Lucian Pera at Adams and Reese, Peter Jarvis at Holland & Knight and attorney William Hornsby.

  • Kylie Jenner's 'Stormi' TM Battle Evinces A Celebrity Catch-22

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    Kylie Jenner's dispute with Business Moves Consulting over "Stormi" trademark applications, currently pending before the Trademark Trial and Appeal board, highlights the difficulty celebrities face in protecting and monetizing a term with which they have become widely associated, say Edward Weisz and Brianne Polito at Cozen O’Connor.

  • 2 Circuit Court Rulings Convolute Class Jurisdiction Outlook

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    Diverging views this week from the D.C. Circuit in Molock v. Whole Foods and the Seventh Circuit in Mussat v. IQVIA further complicate the question of federal courts’ jurisdiction over nationwide class actions posed by the U.S. Supreme Court’s 2017 Bristol-Myers Squibb decision, says Keith Bradley at Squire Patton.

  • Opinion

    Reform Home Rule To Protect Cities From State Interference

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    With municipal governments facing increasing preemption from state legislatures on critical policy issues, it's time for home rule reform to protect local democracy and adjust the balance of power between cities and states, says Nestor Davidson, director of Fordham University’s Urban Law Center.

  • Opinion

    New Pipelines Are Needed To Close Law School Diversity Gap

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    Pipeline programs that focus on increasing underrepresented law school applicants beyond those with traditionally favored credentials will help close law schools' diversity gap better than existing programs that aid high achievers already being admitted to law school, says Aaron Taylor at AccessLex Institute.

  • How To Search For A Transformational Law Firm COO

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    As over half of all Am Law 100 chief operating officers have been in their roles for 10 years or more, it stands to reason a sizable number of firms will be seeking new COOs in the next few years. Jennifer Johnson at Calibrate Legal offers practical suggestions for finding candidates beyond the traditional monoculture.

  • Top Job Markets Show Noncompetes May Not Squash Growth

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    Flourishing job markets in cities that enforce employee noncompete agreements suggest the provisions don't actually stifle wage growth or employee mobility, and that a wholesale ban is not justified, says Leiza Dolghih at Lewis Brisbois.

  • Perspectives

    Keep Your Client Out Of The Courtroom During Voir Dire

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    With Harvey Weinstein's defense team raising allegations of undisclosed bias among the jurors who convicted him, it's a good time to examine why it may be best if your client is not present during the jury selection process, says Christina Marinakis at Litigation Insights.

  • A Possible Limit On High Court 2005 Agency Deference Ruling

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    U.S. Supreme Court Justice Clarence Thomas recently argued that his 2005 decision in National Cable & Telecommunications Association v. Brand X on deference to administrative agencies should be reconsidered. To cabin the decision, the court might consider a suggestion made in Justice John Paul Stevens' concurrence, says Andrew Michaels at the University of Houston Law Center.

  • It Can Be Risky For Litigators To Advise On Litigation Funding

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    While it may seem natural for trial lawyers to counsel clients on obtaining litigation funding and funding terms while also bringing the claim, there are several ethics concerns, say Lucian Pera at Adams and Reese and Michael Perich at Westfleet Advisors.

  • Opinion

    Stop Asking Bar Applicants About Mental Illness

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    If the legal profession is serious about addressing lawyer mental illness and the stigma surrounding it, more states will remove mental illness disclosure questions from bar applications, as New York did last week, says Brian Tannebaum at Bast Amron.

  • Opinion

    High Court Must Reject Unconstitutional La. Abortion Law

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    As lawyers who understand what is at stake for women as the U.S. Supreme Court reviews June Medical Services v. Russo, we feel compelled to disclose what the constitutional right to an abortion has meant for our lives and aspirations, say Charanya Krishnaswami at Amnesty International and Michele Mayes at the New York Public Library.

  • What The Coronavirus Means For Arbitration And Mediation

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    With coronavirus cases increasing worldwide, arbitrators, mediators, lawyers and parties may no longer be able to travel as freely as before — which could be the push needed to fully develop online dispute resolution, says Jeff Benz at JAMS.

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