Food & Beverage

  • July 06, 2020

    Wachtell, Latham Guide Uber's $2.65B Postmates Purchase

    Uber Technologies Inc. plans to buy private equity-backed Postmates Inc. for roughly $2.65 billion, in a deal announced Monday that heats up competition in the online food delivery industry and was steered by Wachtell Lipton and Latham & Watkins.

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 02, 2020

    OECD Offers New Tax Reporting Rules For Gig Economy

    The providers of so-called gig economy platforms such as Uber and Airbnb will be required to report the tax information of sellers on their networks under recommended rules issued Thursday by the Organization for Economic Cooperation and Development.

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    NPC International Fields Creditor Questions At Hearing

    The largest Pizza Hut and Wendy's franchisee in the U.S. appeared in a Texas bankruptcy court Thursday alongside its second-lien lenders, who complained about being left out of the talks that produced a restructuring agreement with first-lien lenders.

  • July 02, 2020

    Alcoa Says Contract Fight With AB InBev Must Be Litigated

    Aluminum giant Alcoa is urging a New York federal court not to force it to arbitrate a patent dispute relating to a type of aluminum used in Anheuser-Busch InBev bottles, arguing that the brewer is targeting the wrong company due to a 2016 corporate restructuring.

  • July 02, 2020

    NJ Catering Biz Owners Not Liable For Drunken Party Fight

    A New Jersey federal judge trimmed claims against owners of a catering company over a drunken fight that erupted after a hired entertainer found his Superman cape floating in a pool, saying owners of companies that serve alcohol don't have personal liability for the actions of their business.

  • July 02, 2020

    Grubhub Says Customer Misled Court On FCC Ruling

    Grubhub Inc. told an Illinois federal court that a customer who proposed a class action over unwanted autodialed calls has mischaracterized a recent Federal Communications Commission ruling related to the definition of an "autodialer," saying it "has no relevance to this action."

  • July 02, 2020

    Jimmy John's Slams Class Certification Bid In No-Poach Suit

    A Jimmy John's employee can't certify a class in his suit challenging the company's no-poach agreements because the class would include conflicting class members and their claims can't be proven with common evidence, the sandwich chain argued in Illinois federal court.

  • July 02, 2020

    Disabled Customers Renew Bid To Kill Pa. Grocer's Mask Rule

    Opponents of Pittsburgh-based grocer Giant Eagle's mandatory mask policy for Pennsylvania shoppers have asked a federal court for an injunction compelling the grocer to waive the policy for people with disabilities amid the COVID-19 pandemic.

  • July 02, 2020

    Top Florida News 2020: A Midyear Report

    The coronavirus pandemic dominated the first half of the year in Florida as judges and litigators had to adjust to the new normal of justice by computer screen, but the courts continued their work, issuing rulings in battles over felon voting rights and bitcoin holdings, as well as handling pandemic-related litigation over business interruption coverage and cruise ship liability.

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    Deals Rumor Mill: Uber, JBIC, XingSheng

    Uber hopes to pay $2.6 billion for Postmates, a group of Japanese entities is investing $14.4 billion in a gas project in Mozambique, and a new funding round will value Chinese groceries delivery app XingSheng at $3 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • July 02, 2020

    Calif. Plastic Suit Belongs In State Court, Green Group Says

    An environmental group hoping to hold Nestle, PepsiCo, Clorox and others accountable for plastic pollution along California's coastline has slammed the companies' attempts to try the case in federal court, saying they have mischaracterized its state-specific arguments as national or international issues.

  • July 02, 2020

    Biotech Firms Drive IPO Rebound While 'Unicorns' Gear Up

    The initial public offering market ended midyear on a roll and appears poised for a strong second half of 2020, powered by a robust biotechnology sector and potential debuts from venture-backed technology "unicorns" — barring more pandemic-related setbacks.

  • July 02, 2020

    High Court To Review Nestlé, Cargill Child Slavery Suits

    The U.S. Supreme Court agreed Thursday to hear Nestlé and Cargill's challenges to a Ninth Circuit ruling leaving the companies on the hook for allegations that they benefited from African child labor, teeing up a potential ruling on whether U.S. corporations can be liable for human rights abuses abroad.

  • July 01, 2020

    Miller Friel Picks Up Insurance Pro From DLA Piper

    Miller Friel PLLC is hiring away a partner from DLA Piper as part of a move to bolster its nationwide expansion of the firm's insurance recovery practice.

  • July 01, 2020

    Pa. Justices Reject Lawmakers' Bid To Lift Virus Emergency

    The Pennsylvania General Assembly's joint resolution to end the state of emergency Gov. Tom Wolf declared over the COVID-19 pandemic was struck down by the state's high court Wednesday because it had not first crossed Wolf's desk for a likely veto.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    Top 7 Trademark Rulings Of 2020: A Midyear Report

    From cannabis to video games to three U.S. Supreme Court rulings, the first half of 2020 was a busy time in the world of trademark law. As we head into the back half of the year, here are the seven big trademark decisions you need to know.

  • July 01, 2020

    Europol Breaks Group Accused Of Evading $10.9M In VAT

    An international law enforcement operation smashed a syndicate accused of defrauding the Hungarian government of €9.7 million ($10.9 million) in value-added tax, Europol announced Wednesday.

  • July 01, 2020

    Las Vegas Eateries Press For COVID-19 Shutdown Coverage

    A Las Vegas breakfast chain on Wednesday opposed U.S. Specialty Insurance Co.'s bid to dismiss the restaurants' proposed class suit seeking coverage of losses tied to Nevada's COVID-19 shutdown order, saying the insurer is taking an overly narrow view of its policy.

  • July 01, 2020

    Chicken Plant Hit With Sanctions By 'Flabbergasted' Judge

    A Delaware state judge has imposed $28,320 in sanctions against chicken processing plant Mountaire Corp. for overredacting documents produced in discovery in a suit over alleged water pollution, saying he was already "flabbergasted" by the company's conduct but more recent revelations in the case show it's gone too far.

  • July 01, 2020

    3 Things To Watch As COVID-19 Real Estate Litigation Looms

    Commercial landlords and tenants have to a large extent not brought their disputes over payment of rent to court during the COVID-19 pandemic, but lawyers say several factors — including uncertainty about assistance under the CARES Act — are likely to usher in a wave of litigation soon. Here, Law360 looks at three things to watch for as litigation looms.

  • July 01, 2020

    Pa. Landlord Demands Rent From Virus-Closed Restaurant

    The landlord for a historic office building in downtown Pittsburgh is demanding that a restaurant pay its back rent plus other damages related to breaking its lease when it permanently closed because of the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

Expert Analysis

  • COVID-19 Orders Unlikely To Constitute Temporary Takings

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    Although public agencies have issued a broad range of orders intended to slow the spread of COVID-19, they are likely safe from temporary takings claims due to the high hurdles for such claims and the expanded police powers granted to governments during public health emergencies, say Gene Tanaka and Emily Chaidez at Best Best.

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Indirect Purchaser Antitrust Standing Heads In New Direction

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    The applicability of the U.S. Supreme Court's 1983 Associated General Contractors indirect purchaser price-fixing decision to antitrust standing under state law continues to evolve, with some decisions that may portend diminished application, say Chris Micheletti and James Dugan at Zelle.

  • How Force Majeure Provisions Are Being Tested In New York

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    The Southern District of New York's recent rulings in E2W v. KidZania and Latino v. Clay, together with prior precedent, are illustrative of New York state and federal courts' attitude toward force majeure and whether such provisions might excuse contract performance during the pandemic, say Stephanie Denker and Christie McGuinness at Saul Ewing.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Why FDA's Proposed Food Standard Principles Are Important

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    Food manufacturers should carefully consider the U.S. Food and Drug Administration's proposed general principles for creating, modifying and eliminating food standards, because they may complicate branding and advertising efforts for facsimiles of well-known foods, say attorneys at Wilson Sonsini.

  • Key Defense Approaches To 'Other Similar Incident' Evidence

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    A New York state court's recent ruling in Marshall v. Port Authority of New York and New Jersey shows that, while product liability plaintiffs seek to use so-called other similar incident evidence to argue that manufacturers know their products are unsafe, defense counsel can successfully challenge such evidence, says Timothy Freeman at Tanenbaum Keale.

  • Opinion

    Nonimmigrant Worker Ban Exceeds Presidential Authority

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    President Donald Trump's recent proclamation banning nonimmigrant workers from entering the U.S. overreaches by failing to include an exception for nonworking family members who pose no threat to U.S. jobs, says Jeffrey Gorsky at Berry Appleman.

  • Trade Groups Face Antitrust Questions In Pandemic Response

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    Three recent business review letters from the U.S. Department of Justice's Antitrust Division provide some guidance to trade associations and professional societies in assisting members with coronavirus-related issues without violating antitrust laws, say Steven Fellman and Richard Bar at GKG Law.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

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