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Food & Beverage

  • June 19, 2019

    NLRB Can't Shut Down 'Scabby'-Aided Protest

    A Brooklyn federal judge on Wednesday denied a National Labor Relations Board official’s request that he stifle a labor protest at several Staten Island supermarkets, rejecting the board’s bid to deflate well-known protest symbol Scabby the Rat.

  • June 19, 2019

    Tropicana Puts Squeeze On Another Class Over 'Pure' Label

    Tropicana Products Inc. once again defeated a proposed class action challenging the "pure" claim on its orange juice packaging when a New Jersey federal judge said Wednesday that the company's label variations require the claims to be evaluated individually, not on a class basis.

  • June 19, 2019

    McDonald's 'Gotcha' Tactics Backfire In Ind. Child Injury Suit

    An Indiana appellate court on Wednesday revived a suit accusing McDonald's of partly causing a 10-year-old child to suffer injuries after he fell from a broken stool, saying the fast-food giant's "gotcha" litigation tactics do not warrant a dismissal of claims.

  • June 19, 2019

    Jenner & Block Lures Back Atty From Job With Drink Brands

    A former Jenner & Block LLP attorney has returned to the firm's Los Angeles office as a partner in the complex commercial litigation practice with a food and beverage focus, after serving as a lawyer for the holding company behind such brands as Pom Wonderful and Fiji Water, the firm said Tuesday.

  • June 19, 2019

    Coca-Cola, Milk Co. Hit With Consumer Suit Over Cow Abuse

    Coca-Cola and one of its brands misrepresented certain milk products as coming from humanely treated cows when in fact the cows were the victims of “horrendous animal abuse” at milk company Fairlife LLC’s former flagship dairy farm, according to a putative class action entered Wednesday in Georgia federal court.

  • June 19, 2019

    Vintage Capital Threatens To Oust Most Of Red Robin's Board

    Vintage Capital threatened Wednesday to oust five Red Robin directors, contending the burger chain's "unwillingness" to conduct a strategic review or respond to the private equity firm's $518.6 million purchase offer raises questions about the board's motivations.

  • June 19, 2019

    Real Estate Rumors: Goodman, Starwood, TA Realty

    Developer Goodman Group has reportedly dropped roughly $130 million on a Los Angeles manufacturing facility, Starwood Property Trust is said to be close to listing a portfolio of Ireland office properties for roughly €530 million, and TA Realty is said to have picked up a Florida office property for nearly $60 million.

  • June 19, 2019

    Iconiq Leads $130M Funding For Food Delivery App Wolt

    Finnish food delivery app Wolt said Wednesday that it has raised $130 million from a group of private investors led by Iconiq Capital, with plans to expand into new markets and hire 1,000 more employees by the end of next year.

  • June 19, 2019

    NJ Dairy Co.'s 'Good Faith' Defense Can't Cream OT Suit

    The New Jersey state appeals court ruled that a state regulator’s opinion on a complaint doesn't preclude a separate lawsuit arising from the same type of matter, issuing a published decision Wednesday that reinstated a Cream-O-Land Dairy LLC driver’s proposed class action seeking more overtime pay.

  • June 19, 2019

    Seafood Wholesaler's 'Draconian' Noncompete Too Broad

    A frozen seafood wholesaler's noncompete agreement against a former sales associate cannot be enforced because it is so broad he'd have to move to a different continent to find new seafood industry work, an Illinois state appellate panel ruled Monday.

  • June 18, 2019

    Del. Justices Revive Investor's Blue Bell Listeria Suit

    The Delaware Supreme Court ruled Tuesday that a Blue Bell Creameries USA investor has shown that it's plausible to suggest the company’s officers may have failed to enact measures to protect ice cream products in connection with a deadly listeria outbreak in 2015.

  • June 18, 2019

    PE-Backed Grocery Outlet Raises IPO Target To $318M

    Private equity-backed retailer Grocery Outlet Holding Corp. on Tuesday raised funding expectations just ahead of the scheduled pricing of its initial public offering to about $318 million, a potentially bullish sign from the Simpson Thacher-led company.

  • June 18, 2019

    Monsanto Looks To Whack $2B Roundup Verdict

    Monsanto urged a California judge to toss a jury’s verdict that Roundup likely caused a couple’s cancer and its staggering $2.055 billion damages award and enter judgment for the company or order a new trial, arguing the verdict was not based on evidence but on “deep passion and prejudice.”

  • June 18, 2019

    Romania Can Pay $250M Arbitral Award, EU Court Says

    A European court on Tuesday annulled the European Commission's ruling barring Romania from paying a $250 million arbitral award to two Swedish food industry investors, concluding the award could not be considered illegal state aid since Romania hadn't yet acceded to the EU at the relevant time.

  • June 18, 2019

    IRS Aims To Fix Error Slanting Farm Sales Toward Co-Ops

    The Internal Revenue Service proposed regulations Tuesday to implement a correction to the 2017 revamp of federal tax laws, which inadvertently created an incentive for producers to sell to agricultural cooperatives rather than to private buyers.

  • June 17, 2019

    Domino's Owes $9M For Delivery Driver's Catastrophic Crash

    A Florida state jury has awarded nearly $9 million against Domino's Pizza for the injury and death of a former firefighter and paramedic after a 2011 crash caused by one of its delivery drivers.

  • June 17, 2019

    Pepperidge Farm Nears OK On $22.5M Misclassification Deal

    A California federal judge on Monday said he wanted some more information before he'll approve a $22.5 million settlement to resolve claims that Pepperidge Farm Inc. denied employment benefits to product distributors in California, Massachusetts and Illinois by misclassifying them as independent contractors.

  • June 17, 2019

    Chocolatier Presses Judge For $49M Sandy Coverage Claim

    Madelaine Chocolate Novelties Inc. on Monday urged a New York federal judge to find it is due an additional $49 million in coverage from a unit of insurer Chubb Ltd. for property damage and business interruption losses caused by Superstorm Sandy, saying an ambiguity in the policy tilts the case in the chocolatier's favor.

  • June 17, 2019

    NYC Celebrity Chef Tip Suit Settles For $10K

    A proposed wage-and-tipping collective action filed by two former employees of the famed Felidia restaurant in New York City has settled in federal district court for $10,000, although the plaintiffs say they would have recouped around $46,000 had they succeeded on all their claims.

  • June 17, 2019

    Blown Deadlines Doom Fertilizer Investor Suit, Chancery Told

    Managers of crop protection venture Verdesian Life Sciences told the Delaware Chancery Court Monday that an investor suit challenging a $313 million company acquisition and other allegedly "unfavorable" acts is doomed by some "fatal flaws," including missed claim deadlines and a failure to verify the complaint.

  • June 17, 2019

    FCC Working Group Will Help Farmers Get Connected

    The Federal Communications Commission has a taskforce in the works that would help the agency craft policies to get the agricultural industry better connected in the hopes of spreading internet access to underserved rural farmland, the agency said Monday.

  • June 17, 2019

    FCC Robocall Waiver Could Affect High-Stakes ViSalus Suit

    The Federal Communications Commission has granted a retroactive waiver of robocall rules to health supplement marketer ViSalus Inc. and clothing retailer Bebe Stores Inc., possibly affecting a class action that could reach $925 million or more in damages from consumers who claim ViSalus bombarded them with calls.

  • June 17, 2019

    In The Trade Hot Seat: What Congress May Ask Lighthizer

    U.S. Trade Representative Robert Lighthizer is in for a busy couple of days. He is slated to testify before House and Senate committees this week, where he is likely to face stern questioning from both sides of the aisle about the administration’s China strategy, a contentious trade deal vote and scores of other hot-button trade issues. Here, Law360 breaks down what to look for as lawmakers roll up their sleeves with the USTR.

  • June 17, 2019

    Calif. Man Says Monsanto Can't Ditch $80M Roundup Award

    A California man asked a Golden State federal court not to grant Monsanto's request to throw out a unanimous jury verdict that linked the company's Roundup weed killer with his cancer and awarded $80 million in damages in a bellwether trial, arguing the result was fair and should be left alone.

  • June 17, 2019

    Jimmy John's Challenges Legal Standard In No-Poach Case

    Jimmy John's asked an Illinois federal judge Friday to let it challenge her reasons for forcing it to face antitrust allegations over no-poach provisions in its franchise agreements, saying the appeal could significantly advance its case and several similar ones nationwide.

Expert Analysis

  • What Employers Can Expect From NLRB's New Reg Agenda

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    The National Labor Relations Board recently outlined its rulemaking priorities. From union election "blocking charges" to standards for determining joint employer status, Lori Armstrong Halber at Reed Smith discusses the important details from each agenda item.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • NJ Tax Stop: Indirect Sales Tax Assessment Methods

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    In light of the New Jersey Division of Taxation’s continued use of indirect assessment methods in audits, we discuss the landmark decision in this arena, Yilmaz v. Division of Taxation, as well as some recent cases that provide guidance for taxpayers wishing to challenge these audits' conclusions, say attorneys at Cole Schotz.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Prospects For NY Summary Judgment In TM Confusion Cases

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    A review of several recent trademark infringement cases from the Southern District of New York reveals an instructive spectrum for comparatively evaluating the strength of a trademark litigant’s summary judgment case, say Ryan Pitman and Sarah Washington of Goldberg Segalla.

  • False Ad Insights From Bud Light 'Corn Syrup' Case

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    A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Opinion

    Retailers Should Stay Away From Cryptocurrency

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    A number of big-name retailers are reportedly poised to begin accepting bitcoin and other digital currency, but given cryptocurrency's complete and utter lack of oversight, these companies run a perilous gamut of legal, regulatory, financial, ethical and reputational dangers, says cybersecurity consultant John Reed Stark.

  • A New Way To Fight ADA Web Accessibility Claims In NY

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    A New York federal court's recent decision in Diaz v. Kroger provides targets of Americans with Disabilities Act website accessibility cases with an additional tool for combating claims at the motion to dismiss stage, while also promoting the ADA's policy aims, says Adam Michaels of Hand Baldachin.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • IP's Developing Role In Cannabis Business Strategy

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    Several recent cannabis-related legal developments suggest that properly secured, federally protected intellectual property is both available and enforceable for the industry, say attorneys at Sterne Kessler.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Avoiding Joint Employer Issues Under Uncertain Standards

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    At best, there is no consistency when it comes to joint employer standards. But while lawyers pontificate on the nuances in rulings and pronouncements, the real issues employers routinely face are not part of this discussion, says Jeffrey Heller of Vorys Sater.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.