Food & Beverage

  • November 15, 2019

    DoorDash Says Consumers Must Arbitrate Tip Policy Suit

    DoorDash told a California federal judge Friday that consumers must individually arbitrate their proposed class claims it deceptively subsidized drivers’ pay with customers' tips, saying there’s no getting around the app-based food delivery company's arbitration agreement.

  • November 15, 2019

    FDA Rules For CBD Supplements Urgently Needed, Org Says

    The U.S. Food and Drug Administration should affirm that CBD is legal and develop rules for marketing dietary supplements that contain the newly legal but mostly unregulated chemical, a trade group told the agency in a letter on Thursday.

  • November 15, 2019

    Atlantic Salmon Farmers Snagged In US Cartel Probe

    Following raids from European enforcers earlier this year, the U.S. Department of Justice's Antitrust Division has opened a criminal investigation into allegations of collusion in the Atlantic salmon farming industry.

  • November 15, 2019

    US, China Make Moves To Open Up Poultry Trade

    China announced Thursday that it has lifted its ban on U.S. poultry imports, a week after the U.S. Department of Agriculture said it would allow chicken killed in China to be exported into the U.S.

  • November 15, 2019

    Negligence Claims Trimmed In Ricola Cough Drop Label Suit

    A New York federal judge has trimmed claims for negligence and unjust enrichment from a suit brought by a Ricola cough drop buyer alleging that the company’s “naturally soothing” claims are misleading, but allowed her state law false advertising claims to move forward.

  • November 15, 2019

    EU Hits Colombia With WTO Case Over Frozen Fry Duties

    The European Union hit Colombia with a World Trade Organization complaint Friday, saying that the country is unfairly imposing anti-dumping duties on frozen French fried potatoes from Belgium, Germany and the Netherlands.

  • November 15, 2019

    Grocery Wholesaler Gets OT Collective Action Decertified

    A Louisiana federal judge decertified a collective action against Associated Wholesale Grocers, finding the warehouse supervisors who said they were incorrectly classified as overtime-exempt were too varied to proceed as a group.

  • November 15, 2019

    Houlihan's Parent Hopes To Close Ch. 11 Sale By Year's End

    The parent company of casual dining chain Houlihan’s told a Delaware bankruptcy judge Friday that it intends to pursue an "ambitious" plan to sell its assets as a going concern by the end of 2019 and has a $40 million offer in hand to guide the process.

  • November 15, 2019

    Whole Foods Accused Of Hiding Sugar In Oatmeal Ingredients

    A proposed class of consumers took Whole Foods Market Group Inc. to New York federal court on Friday, claiming buyers were misled by the ingredients label on the retailer’s instant oatmeal because it hides the product's added sugar content under a different term.

  • November 14, 2019

    Tribes Have Priority Over Water Rights, Fed. Circ. Says

    The Federal Circuit on Thursday ruled against a coalition of southern Oregon and Northern California farmers who argued they weren’t properly compensated when the federal government declined to release water to them, saying tribal water rights were first in line.

  • November 14, 2019

    Romania Says Enforcement Of $330M Award Must Be Paused

    Romania has asked a D.C. federal judge to stay his confirmation of a $330 million arbitral award against the country until Bucharest's appeal is decided.

  • November 14, 2019

    Foreign Herders Can't Work Long Term On Guest-Worker Visa

    Ranchers who rely on migrant guest workers to fill shepherding and herding positions will soon lose the ability to keep those workers for longer-term labor, U.S. Citizenship and Immigration Services said Thursday in a new policy memo.

  • November 14, 2019

    Ex-Wanu Water CEO's Conspiracy Suit Is Weak, Chancery Told

    A lawsuit by the founder and ex-CEO of nutrition-infused water startup Wanu Water that alleges a former director plotted his ouster through a defamatory smear campaign is filled with deficient and unsupported claims, a Delaware vice chancellor was told Thursday.

  • November 14, 2019

    Sbarro Worker's Attys Fight Sanctions Bid In Sex Abuse Suit

    Attorneys for a woman who claims she was the victim of a "new form of American sex slavery" while working at a Sbarro pizzeria have urged a Nevada federal court to toss a sanctions bid against them for accusing a human resources director of participating in the abuse.

  • November 14, 2019

    Lummi Nation's Crab Fishing Blocked By Wash. Judge

    A Washington federal judge on Wednesday halted the Lummi Nation’s plans to take part in winter crab fishing in an area off the state’s coast, saying three other tribes that have long fished those waters had shown that letting the Lummi join in could hurt them economically and culturally.

  • November 14, 2019

    Dean Foods Gets OK To Tap Into $475M In DIP Funds

    Milk producer Dean Foods on Thursday got permission from a Houston bankruptcy court to tap into $475 million of its $850 million in debtor-in-possession financing, a move the company said will help keep the milk flowing until it can arrange an asset sale.

  • November 14, 2019

    Jack In The Box Workers Get Partial Win In Pay Deduction Suit

    An Oregon federal judge has denied Jack in the Box Inc.'s bid to kick a wage class action to arbitration, but the judge limited the fast food chain's liability for diverting too much worker pay into a state benefits fund.

  • November 14, 2019

    Nestle Sued Over 'Fake' White Chocolate Chips

    Two California residents have sued Nestle USA for allegedly misleading buyers of its "premier" white chocolate by selling chips that contain hydrogenated oil instead of cocoa, in violation of FDA labeling rules.

  • November 14, 2019

    Fed. Circ. Cans Rehearing Bid In Campbell Soup Rack IP Row

    The full Federal Circuit denied Gamon Plus Inc.'s combined petition for rehearing Thursday, killing the burner on its attempt to get an earlier panel decision vacated that revived Campbell Soup Co.’s challenge to two Gamon design patents covering a display rack.

  • November 14, 2019

    Buyers Urge 9th Circ. To Revive General Mills False Ad Suit

    A proposed class of consumers is urging the Ninth Circuit to give them another shot at a suit alleging General Mills Sales Inc. falsely claimed its cereals and bars were healthy, saying the lower court misrepresented their claims when it dismissed the suit in August.

  • November 14, 2019

    Hungary Must Pay €7M To British Agricultural Co.

    Hungary was ordered Wednesday to pay €7.15 million ($7.9 million) to a British agricultural company that claimed its leasing rights to state-owned farmland had been expropriated, after an international tribunal rejected arguments that the claim was barred under European Union law.

  • November 14, 2019

    Denny's Pay Below Minimum Wage, Even With Tips, Suit Says

    Denny's Inc. was hit with a Fair Labor Standards Act lawsuit Wednesday in federal court in Miami alleging the national restaurant chain has improperly paid servers below minimum wage based on the law's "tip-credit" provisions without meeting several of the provisions' requirements.

  • November 14, 2019

    Labor Board Lets Calif. Ski Resort Hire Cooks On H-2B Visas

    A California ski resort that once hosted the Winter Olympics got the green light Wednesday to hire more than a dozen cooks under the migrant guest-worker program after the U.S. Department of Labor found the resort had actually submitted the correct documents.

  • November 14, 2019

    Real Estate Rumors: Dream Hotels, Zaragon, Carlyle

    A Dream Hotels venture has reportedly sold a Chicago property at a loss for $13 million, Zaragon is said to have dropped $12 million on a former USA Today distribution site in Florida, and a financing arm of Carlyle Group and Slate Property is said to have loaned $44 million for a Manhattan development site.

  • November 14, 2019

    Restaurant Workers Put In 60+ Hours Without OT, DOL Says

    The U.S. Department of Labor sued a Massachusetts restaurant chain in federal court Wednesday, claiming it worked some employees more than 60 hours per week without paying overtime and falsified time clocks to make it appear the workers stayed within 40 hours.

Expert Analysis

  • What To Know Before Moving Your Supply Chain Out Of China

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    U.S. companies moving their supply chains to avoid Chinese tariffs should be aware of the complexities of U.S. Customs and Border Patrol country-of-origin determinations and the scope of U.S. Department of Commerce authority to impose tariffs on Chinese goods that originate outside of China, say attorneys at Covington.

  • NLRB Ruling Further Clarifies Employer Handbook Standards

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    The National Labor Relations Board’s recent LA Specialty Produce decision demonstrates the impact of the board's 2017 Boeing decision on workplace handbook standards and allowed the NLRB to explain certain aspects of the Boeing ruling, says Anthony Glenn at Barnes & Thornburg.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • 2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct

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    Following the U.S. Supreme Court’s Kisor v. Wilkie opinion, which narrowed Auer deference, recent decisions in Pennsylvania and New York federal courts demonstrate that Auer remains intact, even though courts are more closely scrutinizing agencies’ interpretations of their own regulations, says Brent Owen at Squire Patton.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Industrial Hemp Could Save American Agriculture

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    For American farmers who have suffered through years of trade war tariffs and catastrophic weather, the new federally regulated industrial hemp production program offers much needed hope of new agricultural opportunity, says Richard Blau of GrayRobinson.

  • US Business Strategies To Soften Trade War Impact

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    By monitoring the shifting trade landscape and deploying appropriate tariff strategies to mitigate risk, American businesses can minimize the negative effects that ongoing changes in global tariffs may have on their bottom line, say Michelle Schulz and Luis Arandia of Polsinelli.

  • 9th Circ. Ruling Stresses Need For Arbitrator Bias Disclosures

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    Following the Ninth Circuit's recent ruling in Monster Energy v. City Beverages, arbitrators should consider whether to amend disclosures concerning potential conflicts of interest to meet the court's hypertechnical, but not wholly illogical, partiality standard, says Dustin Hecker at Arent Fox.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.