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Food & Beverage

  • April 25, 2019

    Kona Beer Has $4.7M Deal On Tap To Settle False Ad Suit

    Kona Beer Co. has reached an agreement in principle with a class of beer buyers who say the company deceived them into thinking the beer was brewed in Hawaii, agreeing to pay at least $4.7 million to settle claims in California federal court.

  • April 24, 2019

    Ex-Restaurateur Seeks Sanctions For ADA Witness Tampering

    A former restaurateur in a racketeering suit has urged a California federal court to sanction an attorney and a licensed Americans with Disabilities Act inspector after a witness said he was pressured to give false statements about their alleged scheme to file bogus ADA claims.

  • April 24, 2019

    Keurig MDL Judge Finally Pours Out Antitrust Opinion

    A New York federal judge on Wednesday delivered a much-needed jolt to a yearslong multidistrict litigation against Keurig, finally spelling out the reasons in an unsealed opinion as to why the coffee appliance giant couldn't duck antitrust claims.

  • April 24, 2019

    Speedway's Challenge To NJ Fuel Law Runs Out Of Gas

    The New Jersey state appeals court shut down a convenience store operator's challenge to a state law that prohibits below-cost gasoline sales, ruling that the policy benefits consumers and the retail fuel market.

  • April 24, 2019

    Monsanto Appeals $78.5M Loss In First Roundup Trial

    Monsanto asked a California appeals court Tuesday to reverse a $78.5 million verdict awarded to a school groundskeeper who claimed Roundup weedkiller caused his lymphoma in the first landmark trial over the herbicide’s alleged cancer risks.

  • April 24, 2019

    Del. Chief Justice Looks To 'Humanity' In Blue Bell Appeal

    Delaware’s chief justice called for a reality check Wednesday partway through state Supreme Court arguments on a class' attempts to resurrect dismissed claims against 10 Blue Bell Creameries USA directors and two officers in connection with a deadly listeria contamination episode.

  • April 24, 2019

    Smokey Bones Reaches $2.7M Settlement In Tip Credit Suit

    Smokey Bones has reached a $2.7 million settlement with workers to end claims that the chain took a tip credit against the minimum wage while requiring servers and bartenders to do considerable nontipped work, according to a Tuesday filing in South Carolina federal court.

  • April 24, 2019

    Safeway Strikes Deal To End Pair Of ERISA Suits

    Grocery chain Safeway has agreed to settle two suits brought by workers who accused the company of mismanaging their retirement savings by keeping high-cost investment options in their 401(k) plan.

  • April 24, 2019

    Supermarket Income REIT Buys Tesco Store For £45M

    Supermarket Income REIT has reached a deal to buy a Tesco PLC store in England for £45 million ($58.1 million) from Charities Property Fund, the real estate investment trust announced on Wednesday.

  • April 24, 2019

    European PE Shop Floats €1.54B For Concession Catering Biz

    European private equity shop PAI Partners has offered to buy concession catering business Areas from French catering and food service giant Elior Group for €1.54 billion ($1.73 billion), the companies said Wednesday.

  • April 24, 2019

    FDA Urged To Crack Down On Anti-Smoking Supplements

    A food and health watchdog group has urged the U.S. Food and Drug Administration to crack down on certain dietary supplements that have been touted as help for smokers trying to quit but haven't undergone FDA scrutiny for effectiveness or safety. 

  • April 23, 2019

    Panera Wants To Block Ex-IT Execs From Working For Rival

    Fast-casual restaurant chain Panera Bread Co. told a Delaware Chancery Court judge Tuesday that three former IT employees should be barred from taking jobs with a competitor because they were integral to the development of Panera's proprietary software programs and had absconded with confidential company information.

  • April 23, 2019

    'Chickenization' Keeping Beef Prices Down, Ranchers Allege

    A cattle ranchers' trade association launched a proposed class action in Illinois federal court on Tuesday accusing meatpackers including industry powerhouses Tyson and JBS of conspiring to keep down cattle prices, helping push the cattle industry toward the level of consolidation already seen in poultry processing.

  • April 23, 2019

    Domino's Served ADA Suit Over Long Island Location

    A consumer slapped Domino’s Pizza LLC with a New York federal suit Tuesday alleging that a Long Island location isn’t accessible to disabled individuals, violating the Americans with Disabilities Act.

  • April 23, 2019

    11th Circ. Affirms $29M Del Monte Award Over Pineapple Deal

    The Eleventh Circuit on Tuesday confirmed a $29.3 million arbitration award that had been issued to a Monaco-based Del Monte unit following a dispute with a Costa Rican pineapple plantation, rejecting arguments that a lower court lacked jurisdiction under U.S. code dealing with international arbitration.

  • April 23, 2019

    Advocates Say Iowa's 2nd 'Ag-Gag' Law Unconstitutional

    Animal rights groups asked an Iowa federal court to strike down the state’s second version of a law advocates say is aimed at preventing undercover investigations of farms after the first attempt was struck down.

  • April 23, 2019

    Chinese E-Commerce Cos., Brewing Co. Launch IPOs

    A pair of Chinese e-commerce companies led by Skadden launched initial public offerings on Monday and an Oklahoma restaurant operator launched its own offering Tuesday, a trio of deals that could raise a combined $427.5 million if they all price at the top of their respective ranges.

  • April 23, 2019

    Ex-Waiter Gets Partial Class Cert. Over Stiffed Steakhouse Pay

    A New York federal court has conditionally certified a class of tipped workers at one location of a ritzy steakhouse chain's Manhattan restaurants in litigation claiming the business stiffed them on minimum wages, overtime and tips, but denied certification to workers at four others.

  • April 23, 2019

    Deals Rumor Mill: Centerbridge, Pampa Energia, Leong Hup

    Centerbridge Partners is reportedly discussing a deal to snap up Advisor Group, Pampa Energia is mulling selling off its majority stake in Edenor, and poultry producer Leong Hup wants to raise as much as $291 million in a May initial public offering.

  • April 23, 2019

    Disclosing Multinationals' Tax Data Becoming Norm

    Making public the information about tax activities that multinational corporations disclose to their national governments is moving toward becoming a global norm, according to a study published Tuesday by a coalition of tax-fairness advocacy groups.

Expert Analysis

  • What We Heard At The FTC Hearings: Day 22

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    The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • 'Act Of War' Questions In Cyberattack Insurance Case

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    Mondelez's suit against Zurich over coverage for the NotPetya ransomware attack is the first time a war exclusion has been litigated in the cyber insurance context, and it could have a significant impact on property and cyber policies, say Daniel Garrie and Peter Rosen of JAMS.

  • ADA May Not Require Compliance Management Policies

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    As demonstrated by a Pennsylvania federal court's recent decision in Mielo v. Steak 'n Shake, it soon may no longer be possible to bring Americans with Disabilities Act claims against a company for failure to enact a policy that requires finding and removing potential physical barriers, say attorneys at Squire Patton Boggs.

  • Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

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    The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • New Chancery Guidance On Books And Records Law

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    The Delaware Court of Chancery’s recent decisions in Schnatter, Tempur-Sealy and CHC Investments further delineate the metes and bounds of a stockholder's right to obtain a company's books and records, say attorneys with Winston & Strawn.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • When Done Right, Class Coupon Settlements Can Still Work

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    Recent objections by the U.S. Department of Justice and state attorneys general to coupon and in-kind settlements in consumer class actions have provided at least a tacit road map for how to design a coupon settlement that may avoid drawing governmental opposition, says Jeffrey Jacobson of Kelley Drye.