Food & Beverage

  • June 23, 2020

    CORRECTED: Monsanto Blocks Calif. Glyphosate Cancer Warning Label

    A California federal judge on Monday ruled in favor of Monsanto and several farming associations challenging the enforcement of a Golden State statute requiring cancer labels on the herbicide glyphosate, which is found in Roundup, finding there isn't enough evidence to show the chemical causes cancer.

  • June 22, 2020

    Real Estate Rumors: Assemblage, Edgewater, Eduardo Pelaez

    Co-working firm The Assemblage has reportedly ceased operations at three Manhattan locations, Edgewater Capital Investments is reportedly seeking to build a Fort Lauderdale apartment building and developer Eduardo Pelaez is said to be hoping to build retail, food and entertainment space at a Florida site where a church currently sits.

  • June 22, 2020

    Chicken Plant Must Face Del. Landowners' Contamination Suit

    A Delaware chicken processing plant can't avoid a proposed class action alleging the operation released dangerous amounts of sludge and wastewater just because the company's owner is based in Arkansas, a Delaware state judge has ruled.

  • June 22, 2020

    Justices Skip Retroactive IPRs, Doctrine Of Equivalents

    The U.S. Supreme Court on Monday rejected three petitions arguing that patents issued before the America Invents Act are not subject to inter partes review, and another on when patent infringement can be found under the doctrine of equivalents.

  • June 22, 2020

    Justices Won't Hear Atty's Challenge To 'Demeaning' Goat IP

    The U.S. Supreme Court on Monday refused to take up a New York attorney's appeal of a Federal Circuit decision that his personal concern over a restaurant's trademark being "demeaning" to goats did not give him standing to challenge the business's trade dress.

  • June 22, 2020

    Restaurant Customers Win Final OK Of $4M Deal In TCPA Suit

    A California judge has given his final blessing to a $4 million consumer class action settlement in a suit claiming that a restaurant consulting company violated the Telephone Consumer Protection Act through a text-messaging campaign for quick-service chain A&W, ruling that the deal is fair.

  • June 22, 2020

    Ohio Tomato Grower Loses Bid For 70 Seasonal Visas

    The Board of Alien Labor Certification Appeals on Friday rejected a request by Ohio-based Nature Fresh Farms USA Inc. to hire 70 migrant workers under the H-2A temporary work program, finding that the vegetable grower had not shown that the labor it needs to harvest and pack tomatoes is seasonal.

  • June 22, 2020

    Penn National Says COVID-19 Closures Don't Merit Coverage

    Penn National Insurance told a Pennsylvania federal judge on Friday that absence of physical damage to businesses forced to shut down due to the COVID-19 pandemic meant that the insurer was not obligated to provide coverage for the resulting financial hit.

  • June 22, 2020

    3rd Circ. Won't Revive Shell Egg Buyers' Antitrust Suit

    The Third Circuit on Monday in a precedential opinion rejected a bid from egg buyers to revive their case after a jury found a major producer had not broken the law by participating in a conspiracy to reduce the supply of eggs, deciding that the lower court applied the right antitrust standard.

  • June 22, 2020

    Pa. Restaurant Says Server Defamed It Over COVID-19 Pay

    A bar and restaurant outside Pittsburgh has sued a former server for defamation in Pennsylvania state court, claiming she wrongly blasted the company on Facebook over a clerical error in her pandemic-related pay change that she mistook for fraud.

  • June 22, 2020

    Trump To Suspend New Work Visas Through 2020

    President Donald Trump will bar foreign citizens from moving to the U.S. on a number of work visas, including the H-1B specialty occupation visa, through the end of 2020 in response to high U.S. unemployment, senior administration officials told reporters Monday.

  • June 22, 2020

    Insurers Settle Some Claims In $8.6M Tainted Chicken Suit

    Great American Insurance Co. and Nationwide Mutual Insurance Co. have settled claims with three food companies in a coverage suit over $8.6 million in verdicts in suits that alleged a chicken supplier sent tainted chicken to New York City schools.

  • June 22, 2020

    High Court Turns Away Challenge To Tribes' Water Rights Win

    The U.S. Supreme Court on Monday declined to review a Federal Circuit ruling that found tribes have priority over farmers for access to water from a resource management project developed by the federal government more than a century ago.

  • June 19, 2020

    Roundup Atty, Partner Cop To $200M Corporate Extortion Plot

    A Roundup plaintiffs' attorney and his law partner on Friday pled guilty in Virginia federal court to trying to extort $200 million from a global chemical manufacturer, according to federal prosecutors.

  • June 19, 2020

    Trump Admin. To Release Info On Large PPP Loan Recipients

    The Trump administration plans to make public the names and other information about businesses that receive more than $150,000 in loans from the Paycheck Protection Program, the U.S. Department of the Treasury and the Small Business Administration said Friday.

  • June 19, 2020

    Workers Defend Ill. Biometric Suit Against Online Gift Retailer

    Workers suing an online gift platform owned by Bed Bath & Beyond under Illinois' biometric privacy law urged a federal judge Friday to consider a recent decision in favor of an employee in a similar suit as the court weighs whether to toss their case.

  • June 19, 2020

    Grocer Albertsons Leads 2 IPO Launches Totaling $1.45B

    Supermarket giant Albertsons Cos. Inc. led a pair of pricings for initial public offerings Thursday, alongside a South Korean video game company, that would raise a combined total of nearly $1.45 billion.

  • June 19, 2020

    7th Circ. Says Chubb Has No Duty In Bank's Franchise Row

    The Seventh Circuit on Friday ruled that Chubb is not on the hook to cover Peoples National Bank in litigation over its financing of leases for a number of Taco John's restaurant franchises, agreeing with the lower court that the damages in the underlying suit did not amount to a "claim" under the bank's policy.

  • June 19, 2020

    Calif. Winemaker Accused Of Lying About Products' Origin

    Wine producer Copper Cane LLC was slapped with a proposed class action accusing it of deceptively marketing a line of wines as being made in Oregon when in reality the wines were allegedly made in the company's Napa Valley, California, headquarters.

  • June 19, 2020

    Farm Exec. Sues DHS Over 'Humiliating' Search, Visa Denial

    A Canadian berry farm executive said Thursday he was repeatedly unnecessarily searched at the U.S. border on his way to work, including "humiliating" searches of his phone, before officials arbitrarily revoked his visa in December 2018, according to a complaint filed in Washington federal court.

  • June 19, 2020

    China Says It Fixed US Issues With Farm Subsidies

    The Chinese government informed the World Trade Organization that it has complied with a decision faulting its agricultural trade rules in a dispute launched by the U.S., the trade body announced Friday.

  • June 19, 2020

    Palm Steakhouse Family Puts End To Long-Running IP Feud

    A long-running trademark battle between descendants of The Palm steakhouse chain's founders came to an end Wednesday when the parties told a Florida bankruptcy court they had reached a deal that will get minority shareholders a fraction of the $126 million judgment they were awarded in a New York court.

  • June 19, 2020

    Eatery Never Made Deal In Yelp Defamation Row, Court Told

    The owner of a shuttered Philadelphia restaurant blasted a disgruntled customer's "vindictive and harassing" bid to enforce a purported settlement in defamation litigation on Thursday, telling a New Jersey federal judge that there was never any deal on the table.

  • June 19, 2020

    Hot Air Balloons Face Pesticide Risk, Calif. Farm Tells EPA

    A California farm that says its battle over hot air balloons led to the discovery of federal pesticide violations in the Coachella Valley is suing the U.S. Environmental Protection Agency to force it to investigate the alleged use of the chemicals without public notice.

  • June 19, 2020

    Taxation With Representation: Wilson Sonsini, Rutan, Weil

    In this week's Taxation With Representation, a Chinese private equity group acquires an ads business for $8.7 billion, foods brand Tattooed Chef inks a $482 million merger, and Australia's Ardent Leisure takes a stake in an American restaurant business.

Expert Analysis

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Tech Will Play Key Role In Real Estate's Road To Recovery

    Excerpt from Lexis Practice Advisor
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    With unprecedented stress on real estate operations due to the COVID-19 crisis, this is a time to reflect on the property technology industry's success in recent years and to recognize how those models can be used to rebuild for the future, say attorneys at Goodwin.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • Avoiding M&A Deal-Breaking Disputes During A Downturn

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    As the COVID-19 pandemic complicates the valuation of companies involved in mergers and acquisitions, targets and acquirers alike should take several prudent preclosing steps to mitigate the risk of deal-breaking disputes and subsequent litigation, say Ann Gittleman and Jenna O'Brien at Duff & Phelps.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Steps Borrowers In Commercial Real Estate Must Take Now

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    Many lenders accommodated commercial real estate investors and borrowers with short, multimonth payment deferrals amid the COVID-19 crisis, but these grace periods will end well before the fallout of the pandemic will, and the bank will come knocking, says Katherine Amador at Berger Singerman.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • A Guide To Evaluating And Advertising COVID-19 Products

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    As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • 2 New Accounting Fraud Cases Offer Lessons For Boards

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    Luckin Coffee and TAL Education Group — two high-profile Chinese companies listed in the U.S. — recently announced suspected cases of colossal revenue fraud, and these case studies may help companies recognize the germinating seeds of accounting fraud, say Fabian Roday at Fangda Partners and William Fotherby at Meredith Connell.

  • Traps For The Unwary In Class Actions Targeting PPP Lenders

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    Recent class actions challenging how lenders prioritized Paycheck Protection Program applications or alleging failure to pay agent fees to those facilitating loan applications may be based on the flimsiest of legal theories, however risks still exist, as we saw earlier this month in a Michigan federal court decision, say Richard Gottlieb and Brett Natarelli at Manatt.

  • Opinion

    Fla. Sports Bar's COVID-19 Insurance Claim Should Proceed

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    Florida-based Prime Time Sports Grill's lawsuit seeking insurance coverage for COVID-19 business interruption should withstand Certain Underwriters at Lloyd's of London's motion to dismiss because the insurer's arguments ignore physical loss caused by the pandemic and are not supported by relevant case law, says Micah Skidmore at Haynes and Boone.

  • How CFTC's Agricultural Enforcement May Evolve Amid Crisis

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    The U.S. Commodity Futures Trading Commission recently singled out agricultural commodities market manipulation as an area of focus, potentially representing a return to the agency’s core mission that could shape enforcement during the current crisis, say attorneys at Latham.

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