Food & Beverage

  • September 18, 2019

    Attys Snag $1M In Fees After $3.5M TCPA Deal With Checkers

    A Florida federal judge on Wednesday awarded class counsel more than $1 million in attorney fees for their work securing a $3.5 million settlement for a nationwide class of consumers who alleged fast-food restaurant chain Checkers kept sending advertising texts after they attempted to unsubscribe.

  • September 18, 2019

    Jury Clears BART In Suit Over Botched Retail Plans

    A California jury has cleared the Bay Area Rapid Transit system of allegations that BART derailed a developer's plans to bring stores like Dunkin' Donuts and Ghirardelli Chocolate to stations, finding that the developer can't blame BART for missing contractual deadlines.

  • September 18, 2019

    AB InBev Hong Kong Unit Revives $4.6B IPO Plans

    A slew of firms are set to guide the initial public offering of Anheuser-Busch InBev's Hong Kong unit, Budweiser Brewing Company APAC, that was revived Wednesday and seeks to raise HK$34.2 billion ($4.6 billion) if the shares are priced at midpoint.

  • September 18, 2019

    OMERS Taps Torys For $119M Restaurant Tech Biz Funding

    OMERS Growth Equity, with assistance from Torys LLP, is leading a CA$158 million ($119 million) capital injection into TouchBistro, the developer of a point-of-sale system for iPads used by more than 16,000 restaurants in over 100 countries, the companies said Wednesday.

  • September 18, 2019

    Wis. County Fights Tribe's Quick Win Bid In Zoning Reg. Suit

    A Wisconsin county has told a federal court that the Red Cliff Band of Lake Superior Chippewa Indians is not entitled to a win in its suit accusing the county of improperly imposing a zoning ordinance on its reservation, saying tribe member-owned land can be regulated.

  • September 18, 2019

    ITC Halts Dumping Probe Of Mexican Thermoplastic Sheets

    The U.S. International Trade Commission on Wednesday formally terminated an anti-dumping investigation of thermoplastic sheet imports from Mexico after determining that the products were not financially harming U.S. producers.

  • September 18, 2019

    Calif. Gov. Signs Worker Misclassification Bill Into Law

    California Gov. Gavin Newsom on Wednesday signed a landmark measure making it harder for Golden State businesses to classify their workers as independent contractors, dealing a potential body blow to gig economy players like Uber and Lyft.

  • September 17, 2019

    Calif. Food Co. To Pay EEOC $2M Over Hiring Practices

    Packaged food maker Marquez Brothers International Inc. has agreed to fork over $2 million to end a U.S. Equal Employment Opportunity Commission class action alleging discriminatory hiring practices, according to a consent decree filed Tuesday in California federal court.

  • September 17, 2019

    DOI Appeals Board Nixes Forest Removal At Grand Staircase

    A U.S. Department of the Interior board has tossed a Bureau of Land Management decision to replace thousands of acres of native forests in the Grand Staircase-Escalante national monument with foraging plants for livestock, saying it didn't consider the cumulative effects of non-native seeds on migratory birds.

  • September 17, 2019

    Arnold & Itkin Accuses Atty Of Stealing Reality TV Client

    Houston law firm Arnold & Itkin has sued a Texas attorney for allegedly poaching a client who lost fingers after working on a fishing boat in a reality TV show and filed a case against the production company and others.

  • September 17, 2019

    McConnell Wants CBD Enforcement Guidelines, Now

    Senate Majority Leader Mitch McConnell, R-Ky., wants the U.S. Food and Drug Administration to define when it will target companies making and selling unapproved CBD products long before the agency creates regulations to get those products on the market legally, a trade group for the hemp industry said Tuesday.

  • September 17, 2019

    Perkins And Marie Callender's Approved For $70M Asset Sales

    Bankrupt restaurant operator and franchisor Perkins & Marie Callender's received court approval for a series of asset sales that will bring more than $70 million into its Chapter 11 estates Tuesday in Delaware after a successful auction process.

  • September 17, 2019

    Ill. Court Affirms Nix Of Fatal Restaurant Stabbing Suit

    A Chicago restaurant is not liable for the stabbing death of one of its patrons, an Illinois appellate court ruled Monday, saying the restaurant had no duty to protect the man from the stabbing because it was not reasonably foreseeable.

  • September 17, 2019

    Nestle Ducks Suit Over Trans Fat In Creamer, For Now

    A California federal judge dismissed a proposed class suit accusing Nestle and several retailers of deceiving customers into buying a coffee creamer that includes a source of trans fat, saying the consumer behind the suit didn't put forward enough specifics to support his allegations.

  • September 16, 2019

    Wis. Tribe Tells 7th Circ. Its Reservation Wasn't Shrunk

    The Oneida Nation urged the Seventh Circuit to overturn a ruling that the tribe must get a Wisconsin village's permit to stage an apple festival, saying the tribe's treaty-established reservation hadn't been reduced in size and therefore still included the location of the event.

  • September 16, 2019

    Padres Hit Former Petco Park Vendor With Trademark Suit

    The San Diego Padres have slapped a restaurant with a trademark infringement suit, saying it continues to use their Swinging Friar logo on its website even though it no longer serves food at the baseball team's Petco Park stadium.

  • September 16, 2019

    Chubb Unit Gets Discovery In Chocolatier's Sandy Case

    A federal judge on Monday denied a New York City chocolatier's bid to stay discovery and bifurcate its fight with a Chubb Ltd. insurer over $49 million for property damage and business interruption caused by Superstorm Sandy.

  • September 16, 2019

    Safeway, Aon Hewitt Will Pay $8.5M To End 401(k) Battle

    Grocery chain Safeway and Aon Hewitt Investment Consulting Inc. have agreed to pay a combined $8.5 million to end a proposed class action brought by workers claiming the companies mismanaged their retirement savings by keeping high-cost investment options in their 401(k) plan.

  • September 16, 2019

    Danone Can't Escape False Ad Suit Over Coconut Milk

    Danone must face a suit in California federal court alleging its Silk Coconutmilk line deceives customers into thinking it’s healthy by claiming to be free of cholesterol after a federal judge found customers may be misled despite the label being literally true.

  • September 16, 2019

    15 Minutes With Flynn Restaurant Group's General Counsel

    Since Jacqueline Lee stepped into her first-ever general counsel role in March at Flynn Restaurant Group, which owns Taco Bell and Panera Bread, one of the hurdles she has managed is getting up to speed on different areas of the law. Here, she shared her accomplishments so far, how she transitioned from Jones Day to an in-house role and how restaurants and law firms are similar.

  • September 13, 2019

    Fed. Circ. Unconvinced USPTO Ignored Its Own TM Ruling

    Steakhouses at a Michigan hotel and New York's John F. Kennedy Airport have confusingly similar names, the Federal Circuit affirmed Friday, rejecting the hotel's argument that it was wrongly denied a trademark because the U.S. Patent and Trademark Office disregarded its own earlier decision.

  • September 13, 2019

    Egg Producer Fights 3rd Circ. Appeal After Antitrust Verdict

    The nation's second-largest egg producer urged the Third Circuit on Thursday not to overturn a jury verdict that cleared it of antitrust violations so that egg buyers could apply a stricter standard.

  • September 13, 2019

    Coffee Co. Can't Pick Apart Its $25M False Ad Settlement

    An Illinois federal judge has denied objections by Sturm Foods to how proceeds will be divided from the $25 million it agreed to pay to settle class claims it falsely marketed single-serve coffee pods and told the parties to submit a proposed deal by month's end.

  • September 13, 2019

    Robbins Geller Snags Lead In Suit Over Anheuser-Busch Debt

    Robbins Geller Rudman & Dowd LLP nabbed the role of lead counsel in New York federal court Thursday in a proposed class action accusing Anheuser-Busch of deceiving investors about the beer giant's ability to reduce its "mammoth debt level."

  • September 13, 2019

    NJ Judge Lets Vertical-Farm Worker's 'Vague' Claims Proceed

    A New Jersey federal judge has refused to toss a workplace discrimination lawsuit against an indoor vertical-farming company, ruling that the former worker sufficiently, if “barely” at times, alleged she received poor treatment compared to white, male colleagues because she was a black woman.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Mich. Bill Adds To States' Trend Of Limiting Noncompetes

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    Although a recently introduced bill that would ban noncompetes in Michigan is unlikely to become law anytime soon, a restriction with respect to low-wage employees is likely at some point based on the nationwide trend of limiting these types of agreements, say Bernie Fuhs and Ziyad Hermiz at Butzel Long.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • Notable Tax Amendments From Pennsylvania’s Budget Bill

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    The recently passed Pennsylvania budget bill included significant changes in the areas of personal income, sales and use, and estate tax, says Jennifer Karpchuk of Chamberlain Hrdlicka.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Federal Food Label Class Actions Face Growing Headwinds

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    Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.