Food & Beverage

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Burford, Sysco Object To Nixed Swap In Price-Fixing Suits

    Restaurant food distributor Sysco and a Burford Capital affiliate both objected to a federal magistrate judge's decision not to allow the affiliate to replace Sysco in sprawling price-fixing lawsuits against pork and beef producers, asserting that the denial contravenes civil procedure rules and public policy.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 26, 2024

    Paul Hastings Adds FDA Practice Chair From King & Spalding

    Paul Hastings LLP announced Monday that a King & Spalding partner specializing in the U.S. Food and Drug Administration and life sciences has joined the firm as chair of its new FDA practice in Washington, D.C.

  • February 23, 2024

    Russia Assets Seen As Key To Tipping The Scales For Ukraine

    The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.

  • February 23, 2024

    Grocery Delivery Co. Weee Escapes Data Breach Suit

    A New York federal judge has tossed a proposed class action against online grocery-delivery company Weee Inc. over a data breach without leave to amend, saying the plaintiffs failed to show a risk of injury since the leak only concerned low-risk data and not information such as payment records or passwords.

  • February 23, 2024

    Hershey Wants Suit Over Metals In Chocolate Axed For Good

    The Hershey Co. urged a California federal judge on Thursday to toss a proposed class action alleging some of the candy maker's dark chocolate products contain dangerous levels of lead and cadmium for good, saying the small amount of heavy metals in the chocolate are naturally occurring and not dangerous.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Restaurants Blast 'Fatal Flaws' In Chicken Price-Fix Deal

    Boston Market and other restaurants objecting to Simmons Foods' $8 million chicken price-fixing settlement with direct purchasers say the Seventh Circuit should unwind the deal because it improperly releases bid-rigging claims for no consideration and turns the massive two-track case on its head.

  • February 23, 2024

    Monster Energy Ends Trade Dress Suit Against Beast Cookie

    Monster Energy dropped its trademark and trade dress infringement action alleging Beast Cookie used confusingly similar branding to advertise its caffeinated cookies, including a green color scheme and the phrase "untamed energy," according to an order signed by a California federal judge granting the parties' stipulation to end their dispute.

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 23, 2024

    Nonprofit Fights To Keep Child Forced Labor Cocoa Suit Alive

    A nonprofit on Friday challenged U.S. Customs and Border Protection's bid to dismiss allegations the agency ignored a four-year petition to ban major chocolate companies from importing cocoa allegedly harvested by children, saying the delay harmed it by impairing its mission.

  • February 23, 2024

    Judge Nixes Walmart 'Raw Honey' False Ad Class Action

    A Chicago federal judge granted dismissal of a proposed class action against Walmart alleging its "raw honey" and "organic raw honey" were falsely branded, saying there were no allegations about what the lead plaintiff believed when he bought the products, or what a reasonable consumer would believe.

  • February 23, 2024

    9th Circ. Upholds NLRB's Refusal To Bargain Order

    A Los Angeles restaurant illegally refused to bargain with a UNITE HERE local, the Ninth Circuit ruled, supporting the National Labor Relations Board's determination that the company couldn't avoid liability for a federal labor law violation by raising the COVID-19 pandemic as an excuse.

  • February 23, 2024

    Trade Group Tells NC Justices COVID-19 Losses Not Covered

    A dozen North Carolina eateries are not owed coverage for pandemic-related losses, the American Property Casualty Insurance Association told the state's highest court, saying the policies at issue were never intended to cover economic damages "untethered" to physical loss or damage.

  • February 23, 2024

    Workers Snag Partial Win On Tip Notice Dispute With Denny's

    It is unclear whether 10 members of a collective in a suit against diner chain Denny's received a tip credit notice, a Pennsylvania federal judge ruled, nevertheless granting an early win to the other workers claiming defective tip credit notices.

  • February 22, 2024

    Sanctions Bids By McDonald's, Byron Allen Cos. Look Cooked

    An attorney for McDonald's urged a Los Angeles judge on Thursday to reconsider a tentative ruling denying its motions for sanctions, saying attorneys for Byron Allen's media companies "knowingly" included false information in a complaint alleging the fast food giant lied in pledges to spend more advertising money on Black-owned media.

  • February 22, 2024

    Commerce's Intransigence Spurs 2nd Xanthan Gum Remand

    The U.S. Department of Commerce's continued refusal to provide a Chinese xanthan gum producer a chance to correct its customs data before issuing penalties called for a second remand in the case, a U.S. Court of International Trade judge ruled Thursday.

  • February 22, 2024

    Grubhub's Business Is 'Suffused With Deception,' LA Says

    Grubhub's business is "suffused with deception," Los Angeles County said in a lawsuit filed Wednesday, claiming the food delivery service has long misled customers about prices and driver benefits and imposed "abusive" policies on restaurants.

  • February 22, 2024

    No Partnership In Hot Dog Eatery Deal, NC Court Rules

    A restaurateur has beaten a lawsuit that alleged he jilted an associate in a deal to buy hot dog eateries, with North Carolina's business court reasoning the two never had a legally binding partnership.

  • February 22, 2024

    Almond Grower's Early Ch. 11 Motions Get Wary OK

    A California bankruptcy judge gave cautious approval to a series of first day motions in the Chapter 11 case of almond grower Trinitas Farming LLC Thursday, saying he was wary of green lighting an interim debtor-in-possession order before a final credit agreement or a committee of unsecured creditors is in place.

  • February 22, 2024

    Biz Group Urges OECD Candidates To Back Digital Duties Ban

    The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organisation for Economic Co-operation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.

  • February 22, 2024

    Wash. AG Can't Go It Alone Against Kroger Merger, Cos. Say

    Kroger and Albertsons have urged a judge to toss Washington state's "go-it-alone" bid to block their $24.6 billion merger deal, arguing the anti-competitive concerns raised by the state's attorney general are not a nationwide antitrust issue.

  • February 22, 2024

    Instant Brands Ch. 11 Plan Gets OK After Win In Supplier Row

    A Texas bankruptcy judge on Thursday gave tentative approval to home-appliance maker Instant Brands' reorganization plan after finding that recent briefings from the company and a supplier supported his preliminary decision last week to preserve the debtor's indemnification rights.

  • February 22, 2024

    SD Winery Gets New Go At Hiring Foreign Kitchen Staff

    A U.S. Department of Labor appeals board on Wednesday revived a South Dakota winery's quest to temporarily hire foreign kitchen staff for its tourist season, faulting a certifying officer for giving the winery only one way to fix a hiring date discrepancy.

Expert Analysis

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W Insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Corporate Disclosure Tug-Of-War's Free Speech Issues

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    The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • A Refresher On Alcohol Sponsorships Before The Super Bowl

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    As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

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