Food & Beverage

  • May 20, 2024

    Justices Reject Hearst's 'Discovery Rule' Petition In Pics Case

    The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that found Hearst Newspapers liable for infringing copyrighted photos of Ireland's "Guinness Castle," even though the suit was filed past the three-year statute of limitations.

  • May 20, 2024

    High Court Skips Fight Over 'Impossible' TM Name

    The U.S. Supreme Court on Monday declined an appeal from Illinois-based marketing consulting firm Impossible X LLC, which had asked the justices to review a Ninth Circuit ruling that revived a trademark complaint against it from veggie-burger maker Impossible Foods Inc.

  • May 20, 2024

    Red Lobster Hits Ch. 11 Reeling From Endless Shrimp Promotion

    The Red Lobster seafood restaurant chain has filed for Chapter 11 protection in a Florida bankruptcy court with $294 million in debt and sale plans, saying its problems included its equity owner and shrimp supplier possibly pushing it into a disastrous all-you-can-eat shrimp offer.

  • May 17, 2024

    Kirkland-Led Hotpot Chain Sizzles In US Listing Debut

    Shares of Super Hi International Holdings Ltd. rallied in debut trading Friday after the Singaporean hotpot restaurateur priced a $53 million U.S. initial public offering, represented by Kirkland & Ellis LLP and underwriters' counsel Paul Hastings LLP, marking the latest of several cross-border listings in the U.S. pipeline.

  • May 17, 2024

    Co-Lead Counsel Named In Baby Food Toxins MDL

    A California federal judge has tapped attorneys from Wisner Baum LLP and the Wagstaff Law Firm PC to lead multidistrict litigation alleging products from baby food manufacturers and distributors, including Walmart Inc. and Gerber Products Co., contain toxic metals and caused children to develop autism spectrum disorder and other conditions.

  • May 17, 2024

    Zero Duty Doesn't Address Exporter's Benefits, Calif. Biz Says

    A juice wholesaler's attorney argued Friday that the U.S. Department of Commerce ignored the relationship between a Brazilian lemon juice exporter and its supplier, while calling for higher duties to account for benefits the Brazilian company may have received.

  • May 17, 2024

    Home Distillers Tell Feds Ban Fails Under Spirit Of The Law

    The Hobby Distillers Association said the federal government is exceeding its constitutional powers and treading on states' rights by banning homemade liquor under its taxing authority, as the group laid out its position Friday at the request of a Texas federal judge.

  • May 17, 2024

    Koch-Tied Group Says Transparency Law Offends Federalism

    The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.

  • May 17, 2024

    EEOC Sues Smithfield Foods In Ga. For Age Discrimination

    The U.S. Equal Employment Opportunity Commission filed suit against Smithfield Foods Inc. and Smithfield Fresh Meats Sales Corp. in Georgia federal court on Friday for age discrimination, alleging the companies violated federal law by firing a senior sales employee because of her age.

  • May 17, 2024

    DOL Fails To Win Order Barring Retaliation On Pork Workers

    A Tennessee federal judge rebuffed a request from the U.S. Department of Labor to bar a pork producer from retaliating against workers providing information about wages, ruling that the department had failed to show that any retaliation had occurred.

  • May 17, 2024

    $5M Candy Recall Coverage Dispute Moved To Texas Court

    An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."

  • May 17, 2024

    Nestle Assistant GC Joins Mayer Brown's IP Practice In LA

    Mayer Brown LLP has hired Nestle's U.S. head of brand intellectual property as counsel for its global IP practice in Los Angeles.

  • May 17, 2024

    Tilray To Raise Money For Deals Amid US Pot Policy Change

    Cannabis lifestyle and consumer packaged goods company Tilray Brands Inc. on Friday said it plans to raise money to fund future acquisitions and expansion, in an announcement that comes just one day after President Joe Biden revealed that his administration is formally relaxing restrictions on marijuana.

  • May 17, 2024

    Kitchenware Cos. Seek Duties On Chinese Disposable Pans

    A group of domestic companies that produce disposable aluminum pans is pushing for tariffs on Chinese imports, telling U.S. trade officials that its overseas rivals are using unfair trade practices to get ahead of the competition.

  • May 16, 2024

    Albertsons Sued Over 'Naturally Flavored' Fruit Bar Labels

    Albertsons Cos. Inc. was hit with a proposed class action Wednesday in California federal court by a shopper who alleges the grocer falsely labels its breakfast cereal bars as containing natural flavors even though they're made with artificial ingredients derived from petrochemicals.

  • May 16, 2024

    FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

    An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

  • May 16, 2024

    Fed. Circ. Grills Sherwin-Williams, PPG On Coating Patents

    The judges of the Federal Circuit had tough questions for both sides Thursday as Sherwin-Williams Co. appealed a jury verdict that its beverage can coating patents are invalid due to earlier patents issued to PPG Industries Inc., which was accused of infringement.

  • May 16, 2024

    Whirplool, Others Must Face Trimmed Gas Stove Safety Suits

    Whirlpool Corp., Samsung Electronics and BSH Home Appliances Corp. must face trimmed claims in a trio of proposed class actions accusing them of failing to disclose to consumers the pollutant risks associated with natural gas stoves, a California federal judge ruled.

  • May 16, 2024

    Deals Rumor Mill: Shein IPO, Kraft Heinz, Cinven-Jaggaer

    Online fashion giant Shein is shifting IPO plans from the U.S. to London amid resistance from U.S. lawmakers and Chinese regulators, Kraft Heinz wants to sell its Oscar Mayer business, and private equity firm Cinven hopes to divest software firm Jaggaer for $3 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • May 16, 2024

    11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

    An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

  • May 16, 2024

    Burger King Franchisee Seeks BIPA Coverage Quick Win

    A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.

  • May 16, 2024

    Biden Admin Proposes To Loosen Restrictions On Marijuana

    President Joe Biden on Thursday announced that his administration has formally recommended relaxing restrictions on marijuana, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.

  • May 15, 2024

    'Law And Order' Star Sues Instacart Over Dog's Shooting

    "Law & Order" actor Angie Harmon has filed a lawsuit against Instacart and a delivery driver who she claims shot and killed her dog while delivering groceries to her home, according to the complaint lodged in North Carolina state court.

  • May 15, 2024

    Water Co. To Pay $8.5M Criminal Fine Over Accounting Claims

    Wastewater treatment company Evoqua Water Technologies Corp. has reached an $8.5 million agreement with federal prosecutors allowing the company to avoid criminal charges for allegedly inflating the company's revenue by $36 million.

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

Expert Analysis

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Leveraging Insurance Amid Microplastics Concerns

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    A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • TTAB Ruling Raises Foreign-Language Mark Questions

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    The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    State-Regulated Cannabis Can Thrive Without Section 280E

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    Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.

  • 4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule

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    If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • 8 Questions To Ask Before Final CISA Breach Reporting Rule

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    The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

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