Food & Beverage

  • July 30, 2021

    BJ's Says Keurig's Coffee Monopoly Brews Up Higher Prices

    BJ's Wholesale Club launched an antitrust suit Friday against Keurig Green Mountain, claiming the single-serve coffee company's death grip on the market forced it to overpay on the hundreds of millions of dollars of product it purchased from Keurig in recent years.

  • July 30, 2021

    El Pollo Loco Insider Trading Suit Tossed Out Of Del. Court

    The Delaware chancellor has tossed an investor lawsuit seeking derivative damages on behalf of restaurant chain El Pollo Loco over approximately $118 million in alleged insider trades, heeding a call to dismiss the suit by a special litigation committee set up by the company's board.

  • July 30, 2021

    Sauk-Suiattle Tribe Says Seattle's Dam Illegally Blocks Fish

    The Sauk-Suiattle Tribe sued Seattle and its public utility division in a Washington federal court for operating a dam northeast of the city, which the tribe says unlawfully blocks fish from reaching its property and interferes with its property rights.

  • July 30, 2021

    High Court Poised To Move The Needle On Takings Law

    The U.S. Supreme Court sent several property owner-friendly messages in opinions and dissents in land takings disputes last term, and the court has signaled it may further shift power to private owners in cases alleging that governments unconstitutionally took value from properties in violation of the Fifth and 14th Amendments.

  • July 30, 2021

    Brand Battles: Ben & Jerry's Takes Aim At 'Half-Baked' Snacks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Ben & Jerry's wants to block a marijuana snack company's applications for "Half-Baked" cookies and drinks, citing its ice cream of the same name — plus four other new cases you need to know.

  • July 30, 2021

    Experts Tapped To Hear Malaysia Palm Oil Fight Against EU

    Three trade law experts were tapped by the World Trade Organization's director-general to fill a panel that will hear Malaysia's challenge to a European Union plan phasing out palm oil-based biofuels, according to a notice published Friday.

  • July 30, 2021

    Diageo Says It's Been Cleared In £277M EU State Aid Case

    Global beverage giant Diageo said it won't have to pay as much as £277 million ($385 million) to cover a U.K. tax break after HM Revenue & Customs determined the provision didn't violate European Union rules against state aid.

  • July 30, 2021

    Skadden, Latham Guide Dole's Downsized $400M IPO

    Fresh produce business Dole plc began trading on the New York Stock Exchange on Friday after pricing a $400 million initial public offering guided by Skadden and underwriters' counsel Latham & Watkins LLP that came in below its expected range.

  • July 30, 2021

    Frozen Yogurt Co. Accuses Insurance Broker Of Deception

    An Arkansas operator of Menchie's Frozen Yogurt stores has sued its insurance broker, alleging the broker failed to include the company's warehouse in the policies and caused it significant damage after its product spoiled in the warehouse.

  • July 30, 2021

    Wawa, Consumers Get Nod For $12M Data Breach Deal

    A Pennsylvania federal judge on Friday gave her preliminary nod to a $12 million gift-card-and-cash settlement for customers of the Wawa convenience store chain in a lawsuit over a March 2019 data breach, over objections raised by employees who also sued.

  • July 30, 2021

    General Mills Beats Part Of Artificial Flavoring Suit

    An Illinois federal judge on Thursday trimmed a proposed class action claiming that General Mills misled consumers with claims that its products contain no artificial flavors, saying the lead plaintiff failed to show a likelihood of personal future harm and can't pursue injunctive relief.

  • July 30, 2021

    Taco Bell Patron Says Tainted Nachos Left Her Paralyzed

    A Georgia woman is suing Taco Bell of America LLC and its parent company in state court, alleging that a bad batch of nachos gave her a rare disorder that’s left her paralyzed.

  • July 30, 2021

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

    This past week in London has seen Cantor Fitzgerald & Co. sue an Indian bank, eight insurers go after British construction giant John Wood, and Visa and MasterCard face new competition claims. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 30, 2021

    Delivery Co. Gopuff Hits $15B Valuation With New Funding

    Home goods, alcohol and grocery delivery service Gopuff said Friday that it has raised $1 billion at a $15 billion valuation, with plans to use the capital to accelerate expansion across North America, the U.K. and Europe.

  • July 29, 2021

    Mars Attacks 'Shoddiness' Of Firm's 'Recycled' False Ad Suit

    Mars has once again taken aim at the attorney behind several false advertising suits lodged against the confectionary giant, accusing the New York lawyer of "employing a raft of recycled complaints" at a pace that "reflects their shoddiness."

  • July 29, 2021

    IP Forecast: Fed. Circ. To Mull Narcan Patents

    Emergent BioSolutions' grip on its blockbuster opioid overdose medication Narcan is at stake in a patent case that reaches the Federal Circuit on Monday. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • July 29, 2021

    Insurer Says Ill. Produce Store's Policy Blocks BIPA Coverage

    Philadelphia Indemnity Insurance Co. filed suit Thursday asking a federal judge to declare it has no duty to defend two Illinois produce markets against underlying claims that their time-tracking practices violated a former employee's biometric privacy rights.

  • July 29, 2021

    Idaho Says Shoshone Band Can't Claim Treaty Hunting Rights

    Idaho has asked a federal judge to toss the Northwestern Band of the Shoshone Nation's hunting and fishing rights suit, saying that two other federally recognized tribes, but not the Band, are protected by an 1868 federal treaty.

  • July 29, 2021

    Grubhub Jacked Up Fees During COVID-19, Mass. AG Claims

    Grubhub Holdings Inc. was hit with a suit Thursday by Massachusetts Attorney General Maura Healey, who claimed the food delivery service platform charged Bay State restaurants excessive fees outside the cap in place during the COVID-19 public health emergency.

  • July 29, 2021

    DraftKings Wagers On Sports Bars In Michigan, Tennessee

    Online sports book DraftKings and restaurant chain Sports & Social are betting on a new partnership to create upscale sports bars in Michigan and Tennessee, as long as regulators are willing to play ball, the companies announced Thursday.

  • July 29, 2021

    Beverage Maker Celsius Can't Nix Artificial Fruit Flavoring Suit

    A California federal judge won't ax claims that fitness drink company Celsius deceived consumers about the fruit content of its sparkling water, finding that it was too early to determine what a reasonable consumer would glean from the beverages' front label.

  • July 29, 2021

    Feds Seek $25M Penalty For Alleged Steel Tariff Fraud

    The federal government sued a Pennsylvania metal lid company seeking $25 million, saying the company had passed off steel lids from Europe as duty-free products for years, but then refused to pay the penalties.

  • July 29, 2021

    4 Areas EPA Could Expand With House's 23% Budget Boost

    With the House approving its biggest budget boost in a decade, the U.S. Environmental Protection Agency is potentially poised to go on a hiring spree, increase its funding for programs at the state and tribal level, ramp up enforcement efforts and expand its commitment to environmental justice issues.

  • July 29, 2021

    Real Estate Rumors: Publix, Greenberg Traurig, Adam Snow

    Publix Super Markets has reportedly paid $9.14 million for 20 acres in Florida, Greenberg Traurig is said to have subleased out space in Manhattan to the Carlyle Group and an entity managed by investor Adam Snow has reportedly picked up a Florida apartment complex for $15 million.

  • July 29, 2021

    Pepsi Loses 8th Circ. Appeal Of Bottler's $3M Jury Win

    The Eighth Circuit has refused to scrap a nearly $3 million contract verdict against PepsiCo, ruling that dramatic closing arguments from the company's former bottling partner walked "right up to the line of impropriety" but did not cross it.

Expert Analysis

  • 9th Circ. Honey Label Ruling Reflects 'Common Sense' Shift

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    The Ninth Circuit's recent dismissal of Moore v. Trader Joe's, a putative class action over a product labeled "100% New Zealand Manuka Honey," suggests that courts are growing more willing to dismiss labeling challenges that do not pass the reasonable-consumer test, say attorneys at Alston & Bird.

  • Rebuttal

    Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • 6 Ways To Excise Xinjiang Forced Labor From Supply Chains

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    As the U.S. increases scrutiny of China's Xinjiang province and considers legislation to bar all goods produced, mined or manufactured there unless the importer can prove the absence of forced labor, importers can take steps to ensure supply chain compliance, say Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • What Food Industry Can Expect After Biden Antitrust Order

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    President Joe Biden's recent executive order will bring an increased focus on competition law from four federal agencies, so food and agriculture companies should anticipate and incorporate changes in their standard operating procedures with respect to antitrust policy and compliance, say attorneys at Faegre Drinker.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Next Steps For Employers After Calif. Break Premium Ruling

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    California employers will need to take prompt action to address the logistical complications and potential liability resulting from the California Supreme Court’s recent retroactive decision in Ferra v. Loews Hollywood Hotel, holding that break periods must be compensated at employees’ regular rate of pay, says Penny Chen Fox at K&L Gates.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • 4 Steps To Creating Successful Dual-Branded Hotel Projects

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    Developers can maximize revenue by putting two hotels on one property, but the dual-branded hotel business presents both benefits and challenges, and requires strict attention to brand choice and standards, design, and franchise agreements, says Robert Braun at Jeffer Mangels.

  • FDA Q2 Warning Letters Show Agency Enforcement Priorities

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    A review of the U.S. Food and Drug Administration's warning letter activity from the second quarter of this year indicates that companies marketing products in three particular areas must remain especially vigilant if they wish to avoid federal enforcement actions, says Katie Insogna at DLA Piper.

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