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Food & Beverage
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March 28, 2024
Prolific Consumer Atty Beats Fireball Maker's Sanctions Bid
An Illinois federal judge has declined to sanction a prolific plaintiffs' attorney over alcoholic beverage company Sazerac Co. Inc.'s allegations the attorney sues without regard to the facts and law, saying the complaint "was not entirely baseless" and the suit was dropped within a "safe harbor" period under civil procedure rules.
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March 28, 2024
NLRB Gets 1st Backing Of Starbucks Order In Circuit Court
A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.
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March 28, 2024
Calif. Looks To Sink Chamber's Climate Disclosure Challenge
The state of California says a challenge by the U.S. Chamber of Commerce and other business groups to its recently enacted corporate climate disclosure laws should be tossed, arguing the groups cannot sue since enforcement of the law has not begun and the groups cannot plead an injury.
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March 28, 2024
Hard Rock Cafe Workers Score Conditional Cert. In Tip Suit
A Georgia federal judge has granted conditional class certification to a group of Hard Rock Cafe servers alleging the company forfeited its right to pay servers subminimum tipped wages by compelling them to perform excessive untipped work and not telling them a tip credit would be taken against their wages.
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March 28, 2024
Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit
A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.
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March 28, 2024
WeightWatchers Adds 23andMe's Ex-Legal Head As Its GC
WW International Inc., formerly known as WeightWatchers, hired Jacqueline Cooke from ancestry-tracking company 23andMe this month as its new general counsel and corporate secretary.
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March 28, 2024
Fruit Grower Cleared To Leave Ch. 11 With $43M Exit Loan
California stone fruit producer Prima Wawona is set to wind down its packing and distribution division, hand ownership of the reorganized company to creditors and leave bankruptcy after a Delaware bankruptcy judge agreed to approve its Chapter 11 plan Thursday.
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March 28, 2024
Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit
A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.
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March 28, 2024
Fees Awarded For 'Feeble' Milk Vitamin Eligibility Argument
A Delaware federal judge has ordered ChromaDex Inc. and Dartmouth College to pay attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge, saying he's rarely been more confident that a suit was unreasonable.
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March 28, 2024
MSG-Maker Says Chinese Exporters Skirting Duties Via Malaysia
The U.S. arm of Japanese monosodium glutamate manufacturer Ajinomoto Co. Inc. claims Chinese MSG producers are using a Malaysian competitor to evade duties on the umami flavor enhancer, saying the Malaysian company's facility isn't big enough to produce the product.
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March 28, 2024
Whataburger Accused Of Keeping Shoddy Funds In 401(k)
Whataburger breached federal benefits law by stocking its employees' $215 million retirement plan with poorly performing funds and failing to replace them with better options, according to a proposed class action filed in Texas federal court.
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March 28, 2024
Dole Drops $293M Sale Of Vegetable Biz Under DOJ Pressure
Dole PLC said Thursday it agreed to drop the planned $293 million sale of its fresh vegetable division to Chiquita Holdings Ltd. after the U.S. Department of Justice raised concerns about the deal's effect on packaged salad prices.
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March 28, 2024
'Better Made' Chips Goes After 'Better Smoke' Pot
Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 27, 2024
Minor League Players Charged With Insider Trading
California federal prosecutors have hit current and former minor league baseball players with claims they made profits totaling over $162,000 trading off insider information about burger chain Jack in the Box's $575 million acquisition of its fellow chain Del Taco.
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March 27, 2024
Foreign Subsidy Rule Muddles 'Countervailable' Meaning
The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes.
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March 27, 2024
Tribes Want Climate Change Row With Oil Cos. In State Court
Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.
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March 27, 2024
Cannabis Caucus Dems Urge Garland To Restore Pot Protections
The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.
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March 27, 2024
DoorDash, Grubhub Want Docs From NY Restaurant Lobbyists
DoorDash, Grubhub and Uber Eats have urged a Manhattan federal judge to let them subpoena the trade group executives who allegedly "worked closely" with officials on challenged New York City caps on fees that food delivery apps can charge restaurants.
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March 27, 2024
Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight
A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.
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March 27, 2024
Farm Data Co. Wants To Bar Carlton Fields Atty From IP Suit
Lawyers for an agricultural industry data software outfit want a Carlton Fields lawyer banned from participating in a patent dispute with a rival startup because of her in-house involvement at the rival and work on an older trade secrets suit involving the same technology.
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March 27, 2024
47 House Dems Urge Changing Trade Deal To Stem Migration
A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.
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March 27, 2024
HR Services Co. May Be Liable In Harassment Suit, Court Says
A Texas appellate court said Wednesday that more fact-finding is needed to determine whether a professional employer organization could be on the hook for a sexual harassment claim brought by a cafeteria worker, but found that the company is, legally, an employer.
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March 27, 2024
9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.
The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."
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March 27, 2024
CBD Retailer Used Spyware, Recorded Online Chats, Suit Says
Charlotte's Web Inc., a CBD retailer, is secretly recording conversations of those who visit its website in violation of a California privacy law that is simple to follow, according to a proposed class action removed to federal court on Monday.
Expert Analysis
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Considerations for In-House Counsel Before Testing For PFAS
In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Trends Shaping The 2024 Consumer Packaged Goods Industry
The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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9th Circ. Scienter Ruling May Strengthen FDA's Leverage
A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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Starbucks Raise Ruling Highlights Labor Law Catch-22
A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.