Food & Beverage

  • May 18, 2020

    CIT Says Treasury Can't Delay Refunds Of Excise Taxes

    The U.S. Treasury Department must continue refunding excise taxes paid by domestic companies on imported goods while appealing its duty to pay the refunds, the U.S. Court of International Trade has said.

  • May 18, 2020

    Fed. Circ. Undoes Coke's Vanquish Of Soda Dispenser IP Suit

    The Federal Circuit ruled Monday that a Georgia federal judge wrongly let Coca-Cola Co. off the hook for allegedly infringing a patent covering a beverage dispenser that can recognize users and dispense customized drinks, finding the judge's decision relied on an incorrect claim construction.

  • May 18, 2020

    Landlord Says Steakhouse Skipped Bill On Pittsburgh Lease

    A Texas-based restaurant chain was all sizzle and no steak for a Pittsburgh landlord, which said in a lawsuit Friday that Del Frisco's Double Eagle Steakhouse broke its promise to open in a historic Downtown office tower and had repeatedly missed rent payments since being bought out in 2019.

  • May 18, 2020

    Russian Vodka Brands Caught Up In $50B Yukos Award Fight

    The former majority shareholders of Yukos Oil Co. have seized the Stolichnaya and Moskovskaya vodka trademarks as part of their efforts to enforce $50 billion in arbitral awards against Russia, even as the country is asking the Dutch Supreme Court to overturn them.

  • May 18, 2020

    Caribou Coffee, Others Ink $5.8M Deal In Data Breach Action

    Caribou Coffee Company Inc. and other coffee chains have agreed to pay $5.8 million to end a suit from a proposed class of banks and credit unions claiming a data breach, announced by the coffee chain in 2018, exposed sensitive information of their clients, the financial institutions said in Minnesota federal court Monday.

  • May 18, 2020

    Brazilian Steakhouse Workers Seek Cert. In Tip Pool Dispute

    A former Fogo De Chao server urged a Florida federal judge to certify a class and a Fair Labor Standards Act collective action accusing the operators of four steakhouse chain locations of forcing tipped employees to participate in an illegal scheme to short workers their proper wages.

  • May 15, 2020

    Pandemic-Bruised IPO Market Shows Signs Of Healing

    The initial public offerings market is showing signs of improvement after a coronavirus-induced drought that derailed the traditionally bountiful spring IPO season, aided by reduced volatility and a growing lineup of prospects better suited to weather pandemic conditions.

  • May 15, 2020

    Europe Authority Bans Patents On Plants And Animals

    Plants and animals that are produced only by "essentially biological processes" are not patentable, the European Patent Office has ruled, a decision that has been hailed as a victory against agribusiness giants while prompting a warning that "existing loopholes" still need to be closed.

  • May 15, 2020

    DOJ Approves Farmers' Collaboration To Euthanize Hogs

    The U.S. Department of Justice said Friday it does not see any competitive problems with efforts from the nation's largest association of hog farmers to help coordinate the killing of unmarketable livestock accumulating in the wake of COVID-19 processing plant closures.

  • May 15, 2020

    Trendy NYC Taco Chain Hit With Wage And Overtime Suit

    Popular New York City taco restaurant chain Tacombi was hit Friday with a proposed collective action in New York federal court that claims it misrepresented the hours employees worked and failed to pay them appropriate overtime and minimum wages.

  • May 15, 2020

    GOP Sens. Urge Regulatory Cuts To Curb Virus Relief Costs

    Republican senators have penned a letter demanding additional COVID-19 regulatory relief to lessen the burden on U.S. businesses, calling it the "most efficient means" to promote economic recovery while suggesting that it could lessen the price tag of the next virus relief bill. 

  • May 15, 2020

    Supplement Co. Banned From Hawking Fake COVID-19 Cures

    A federal judge has blocked Xephyr LLC from selling colloidal silver products that purport to treat coronavirus, saying the Oklahoma company's distribution of the unapproved alternative drugs threatens public safety.

  • May 15, 2020

    Target, Publix Tell 7th Circ. Door Closed In '100% Cheese' Suit

    Target Corp. and Publix Super Markets Inc. have told the Seventh Circuit that customers who claim they were deceived by "100% grated Parmesan cheese" labels missed their chance to appeal after a district court rightly threw out the false labeling suit.

  • May 15, 2020

    Bipartisan Bill Would Give PPP Loan Recipients More Time

    A bipartisan group of five senators has introduced a bill that would allow 16 weeks for recipients of forgivable small-business loans to rehire their workers and use the money for payroll and certain other expenses, doubling the current covered period of eight weeks.

  • May 15, 2020

    Trump Urged To Spare Seasonal Visas From Virus Restrictions

    Trade associations collectively representing hundreds of American businesses pressed President Donald Trump on Friday to protect the seasonal H-2B visa program as he weighs restricting nonimmigrant visas as a follow-up to his green card ban.

  • May 15, 2020

    Peanut Giants Lose Bid To Dismiss Price-Fixing Suit

    A Virginia federal judge has ruled that Birdsong Corp. and Golden Peanut Co. LLC, the largest players in the peanut shelling industry, cannot escape an antitrust suit accusing them of running a scheme to stabilize and hold down the cost of farmers' raw and harvested peanuts.

  • May 15, 2020

    Coronavirus Q&A: DLA Piper Real Estate Leaders

    In this edition of Coronavirus Q&A, two DLA Piper real estate leaders discuss the federal response to the pandemic and the ways COVID-19 has affected permitting and deal flow.

  • May 15, 2020

    Fishers, Gov't Tell Justices Tribes Have First Dibs On Water

    A trade association of commercial fishing families and the federal government are pushing the U.S. Supreme Court to uphold a Federal Circuit ruling that tribes have priority over farmers for water rights from the Klamath Project on the Oregon and California border.

  • May 15, 2020

    Texas Newspaper Says Insurance Underpaid For Axed Festival

    An East Texas newspaper claims it was underpaid about $120,000 through its insurance policy with underwriters at Lloyd's of London that was supposed to cover the cancellation of its annual music festival due to severe storms, according to federal court filings.

  • May 15, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Venezuela's central bank drag England's into court following months of rumored disputes over gold reserves, an offshore tax consultant renew a fraud claim over consultant fees against an investment manager, and consumers sue the likes of Mercedes-Benz amid growing claims over a massive emissions scandal. Here, Law360 looks at those and other new claims in the U.K.

  • May 14, 2020

    Judge Says Fla. Virus Restrictions Protect 'Majestic Freedoms'

    A federal judge in West Palm Beach tossed a suit challenging COVID-19-related restrictions ordered by Florida Gov. Ron Desantis, saying the limitations on business and other activities are necessary to protect citizens' "majestic freedoms."

  • May 14, 2020

    Coronavirus Litigation: The Week In Review

    The maker of Lysol Disinfecting Wipes has been accused of stealing the patented packaging technology that keeps the suddenly sought-after cleaning wipes moist, a proposed class of restaurants says Grubhub has been running a false advertising campaign to redirect customers to its partner restaurants, and five major news outlets claim the U.S. Small Business Administration has illegally rebuffed public records requests regarding its Paycheck Protection Program.

  • May 14, 2020

    Kern's Nectar '100% Natural' Label Misleading, Suit Says

    A proposed class of juice drinkers is suing the maker of Kern's Nectar in California federal court, claiming the beverage's labels mislead consumers by claiming on the front that they are "100% natural" even though they contain artificial flavoring.

  • May 14, 2020

    NY Bill Looks To Bar Food Delivery Cos. From Charging Fees

    A New York state lawmaker has introduced a bill that would prohibit food delivery companies including Grubhub, Seamless and Door Dash from charging restaurants any fees during the COVID-19 pandemic, saying the multibillion-dollar operations are preying upon the eateries for profit.

  • May 14, 2020

    Ex-Bumble Bee CEO Looks To Avoid Jail Amid COVID-19

    The former Bumble Bee CEO facing up to a decade behind bars for fixing tuna prices has asked for just one year of home confinement, saying prison presents "a real and tangible threat to his life" amid the global pandemic.

Expert Analysis

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • Justices Leave Waters Muddy In County of Maui Sewage Case

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    In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court answered the question of whether a discharge to groundwater requires a permit under the Federal Clean Water Act with a muddled maybe — so it may be up to Congress to provide more clarity, says Jeff Porter at Mintz Levin.

  • Series

    State Of Class Certification: Offense In Wage And Hour Cases

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    The stark disparity in how appellate courts weighed class certification requirements in several recent wage and hour class actions highlights four practical points concerning commonality and predominance for plaintiffs counsel seeking to obtain certification, says Harold Lichten at Lichten & Liss-Riordan.

  • Kentucky Tax Talk: Budget Focuses On Pandemic Relief

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    Kentucky’s modified budget bill reflects drastic changes to the commonwealth’s priorities since the start of the 2020 General Assembly session, for instance including tax incentives to help sustain the farming and craft alcohol industries — staples of the state’s economy suffering from the effects of COVID-19, say attorneys at Frost Brown.

  • The Perils Of Ignoring Contractual Forum Selection Clauses

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    Dean Foods' decision to ignore its own forum selection clause did more than create a procedural hiccup in the now-bankrupt company's fiduciary duty breach claim against its former chairman — and others can and should learn from Dean's blunder, says Greg Brassfield at Lynn Pinker.

  • 3 Recommendations For Cos. Considering Litigation Finance

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    Litigation finance could be a valuable tool for businesses as they weather the COVID-19 crisis, but it is important to select the right funder and ensure the economics of the funding agreement make sense, says Erika Levin at Lewis Baach.

  • Construction Contractors Should Assert Lien Rights Carefully

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    A New Jersey appellate court's decision in SAL Electric Co. v. The Pike Co. shines a spotlight on some important missteps for contractors to avoid when securing their payment rights, especially in the face of the massive disruption caused by COVID-19, say Poston Pritchett and Rick Shearer at Shook Hardy.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • Steps To Maintain Workplace Equality During The Pandemic

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    While many workers may not fully understand their rights during this challenging time, employers can take action to protect employees from sexual harassment and lessen the inequalities exposed by the COVID-19 pandemic, say Ally Coll and Shea Holman at The Purple Campaign.

  • Series

    State Of Class Certification: Defense In Wage And Hour Cases

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    Although courts grant class certification for wage and hour actions at a relatively high rate, using individual arbitration agreements and asserting a personal jurisdiction defense continue to be promising avenues for defeating or limiting claims, say Paul DeCamp and Maxine Adams at Epstein Becker.

  • Best Practices For Food And Beverage Pricing Right Now

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    With increased demand and production costs due to supply chain disruptions during the pandemic, food and beverage companies should make several key evaluations to deal with the economic pressures without running afoul of federal and state price-gouging enforcement, say Katie Gates Calderon and Elizabeth Fessler at Shook Hardy.

  • The Pandemic's Impact On Pending M&A

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    While most announced mergers and acquisitions are proceeding as agreed despite COVID-19, actions taken in some pending transactions can help lawyers understand which strategies have yielded desirable outcomes and the factors that have influenced them, say attorneys at White & Case.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • An Employer's Guide To Handling Virus-Related Protests

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    The legal issues presented by safety protests during the coronavirus pandemic depend on whether a workforce is unionized, but companies can minimize risk by maintaining open communication, watching for early warning signs, sticking to the facts and remaining calm, says Douglas Sullenberger at Fisher Phillips.

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