Food & Beverage

  • September 23, 2022

    Compass Minerals Will Pay $12M To Settle SEC Charges

    Salt mining company Compass Minerals has agreed to pay $12 million to settle U.S. Securities and Exchange Commission allegations that it misled investors about a technology upgrade that ultimately increased operation costs as well as failed to properly assess other financial risks, the agency said Friday.

  • September 23, 2022

    VPX Can't Present Favorable Monster Survey To False Ad Jury

    A California federal judge denied a last-ditch effort Friday by Vital Pharmaceuticals Inc. to present survey information during closing arguments in a trial over Monster Energy Co.'s allegations that Vital engaged in false advertising, saying that while his pretrial ruling on the issue could have been clearer, the information is still inadmissible.

  • September 23, 2022

    SEC Fines Audit Firm Friedman For Missing Clients' Red Flags

    The U.S. Securities and Exchange Commission announced Friday that the accounting firm formerly known as Friedman LLP has agreed to pay $1.5 million to settle allegations that it missed red flags that could have caught financial fraud at a New York City grocery chain currently facing its own SEC investigation.

  • September 23, 2022

    Brand Battles: Ralph's Ices Takes On Ralph Lauren Over TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, fashion label Ralph Lauren's bid to secure trademark rights for its "Ralph's Coffee" brand is facing opposition from popular New York ice shop Ralph's Famous Italian Ices — plus three other cases you need to know.

  • September 23, 2022

    Microsoft Says Irish Courts Must Hear App Company Dispute

    Washington appellate judges seemed skeptical Friday that an Israeli smartphone app company could sue Microsoft in Washington state court when its contract says legal claims must be filed in Ireland.

  • September 23, 2022

    Contractor Hits Kraft With $7.6M Facility Project Suit

    An Ohio-based contracting company says Kraft Heinz Food Co. LLC and HJ Heinz Co. owe it $7.6 million for labor and materials stemming from a project to enhance an Ohio facility.

  • September 23, 2022

    La. Store Chain Partners Escape Immigration And Tax Charges

    The founder of a New Orleans-based convenience store chain and his business partner escaped conviction on immigration and tax charges, with a Louisiana federal jury ultimately clearing all the partners' tax-related charges and reaching a deadlock on their harboring charge.

  • September 23, 2022

    Jury Frees Delta, Drunk Passenger From Groping Suit

    A federal jury in Pittsburgh on Friday cleared Delta Air Lines of liability for an intoxicated passenger who boarded a flight and allegedly groped a federal officer.

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

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

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 23, 2022

    Delaware Court Refuses To Block Sugar Deal

    A Delaware federal judge on Friday refused to block U.S. Sugar Corp.'s $315 million acquisition of Imperial Sugar, rejecting a merger challenge from the U.S. Department of Justice over concerns about the supply of refined sugar in the Southeast.

  • September 22, 2022

    Monster Losses Not $272M Bang But Whimper, Jury Told

    A damages expert hired by Vital Pharmaceutical Inc. encouraged a California federal jury Thursday to disregard an estimate by Monster Energy Co.'s expert that it lost $272 million in profits from Vital's false advertising of "super creatine" in its Bang energy drink, saying it's based on "unreliable" evidence.

  • September 22, 2022

    Bar To Face Suit For Showing Boxing Match Without License

    A commercial sporting events distributor has standing to sue a Tennessee bar that live-streamed a highly anticipated boxing match between Floyd Mayweather and Conor McGregor without the commercial license required for the pay-per-view event, a Sixth Circuit panel has ruled in partially reversing the decision of a lower court.

  • September 22, 2022

    9th Circ. Says Hydroponic Food Can Use 'Organic' Labels

    The Ninth Circuit on Thursday upheld a finding that the U.S. Department of Agriculture may continue to allow hydroponic growers to label their goods as "organic," rejecting arguments by traditional organic farmers that hydroponically grown foods can't be organic under the Organic Foods Production Act.

  • September 22, 2022

    Alaska Asks 9th Circ. To Rehear Tribal Fishing Rights Suit

    Alaska is asking the Ninth Circuit to reconsider a Native tribe's bid to expand its fishing rights, arguing that the appeals court earlier this month wrongly accepted a "one-sided" narrative that the tribe has fished in off-reservation waters since at least the late 19th century.

  • September 22, 2022

    Food Franchises Sue Gig Economy App Over 2020 Tax Credits

    Online gig economy platform ShiftPixy has been sued in California federal court by 16 fast-casual food franchise owners and operators that claim the all-in-one workforce manager owes them $2.3 million of employee retention credits for the 2020 tax year.

  • September 22, 2022

    Calif. High Court Keeps In Place Finding Bees Are Legally Fish

    The California Supreme Court on Wednesday declined to review an appellate court's finding that the Golden State can protect bumblebees under the state Endangered Species Act's definition of fish, but issued a statement cautioning the public not to read too much into the justices' decision.

  • September 22, 2022

    NJ Developer Sues Town Over Denied Starbucks Plan

    A New Jersey developer accused a New Jersey township’s zoning board in state court of wrongfully denying its application for the construction of a 2,225 square foot Starbucks fast food drive-thru in a shopping center.

  • September 22, 2022

    Costco Sues Liberty Mutual Over Slip-And-Fall Suit Coverage

    Liberty Mutual owes Costco coverage for costs related to a slip-and-fall lawsuit, the wholesale and retail giant claimed, arguing the insurer wrongfully refused to pay for its defense.

  • September 22, 2022

    Russia Market Economy Review Moves To Rubber Probe

    The U.S. Department of Commerce will shift its current review of Russia's free market status, which ran in tandem with a now-concluded probe of fertilizer imports, to an ongoing inquiry into rubber imports, according to a notice posted Thursday.

  • September 22, 2022

    Target And Walmart White Chocolate False Ad Suits Revived

    A California appeals panel has revived a pair of suits alleging baking chips sold by Walmart Inc. and Target Corp. mislead consumers into thinking they contain white chocolate, finding in both cases that reasonable consumers could be deceived despite the labels being truthful.

  • September 22, 2022

    TTAB Tosses Pepsi's TM Challenge Over Same-Name Snacks

    PepsiCo can't challenge Arriera Foods LLC's "Tortrix" trademark for corn-based snacks even though the snack giant sells a product with the same name in Central and South America, the Trademark Trial and Appeal Board has ruled in a precedential opinion.

  • September 22, 2022

    Kroger Accused of Selling Toxic Metal-Laced Baby Food

    Parents from three states launched proposed class claims that said baby food distributed and sold by the Kroger Co. contained harmful levels of heavy metals and that they were misled because such information was not on the packaging.

  • September 22, 2022

    FTC's Bedoya Says Antitrust Cares Too Much About Efficiency

    Federal Trade Commission member Alvaro M. Bedoya said Thursday that antitrust enforcement has been too concerned with how efficient companies are and needs to do more to promote fairness in the economy, especially for small businesses and rural America.

  • September 22, 2022

    NYC Defends Fast-Food Just Cause Law At 2nd Circ.

    A law making it tougher for New York City fast-food restaurants to fire workers neither encroaches on federal labor law nor unfairly boosts local businesses over national chains, the city told the Second Circuit, urging the court to reject an industry challenge.

Expert Analysis

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Del. Ruling Highlights Challenges Of Data Breach Biz Disputes

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    The District of Delaware’s recent ruling in Doehler v. Davis provides key insight into how data breach accusations might be weaponized in high-stakes litigation between businesses, and highlights how the specter of a data breach alone is likely not enough for a plaintiff to obtain relief, say attorneys at Squire Patton.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • How Weingarten Rights May Operate In A Nonunion Workplace

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    A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • Biden Order Renews Spotlight On Advancement Of US Biotech

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    Last week's executive order on sustainability and innovation in biotechnology and biomanufacturing is a hopeful first step toward identifying areas of regulatory ambiguity and developing a coordinated portal for guidance, with multiple avenues for industry involvement in shaping future policy, say Jacqueline Berman and Kathleen Sanzo at Morgan Lewis.

  • Wawa Data Breach Is Warning On Swipe Payment Tech Risks

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    Wawa's recent settlement with seven attorneys general resolving an investigation into the company’s 2019 data breach — one of the largest settlements of its kind — is a reminder to merchants of the security and compliance risks associated with not fully migrating from swipe-based to chip-card transactions, say Adam Solomon and Anna Chan at Hunton.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Renewed Price-Gouging Compliance Efforts Could Be Crucial

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    In New York, the attorney general's petition compelling Tyson Foods to comply with investigations and an appellate court's reversal and remand of the dismissal of one of the bellwether cases from the early days of the COVID-19 pandemic show that the fight against price-gouging is serious, say attorneys at Proskauer.

  • FOIA Ruling Yields New Argument For Challenging Exemption

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    The Second Circuit recently became the first appellate court to address the 2016 FOIA Improvement Act's impact on a key exemption of the Freedom of Information Act, providing FOIA requestors with a new argument to challenge exemption claims that are based on confidentiality and competitive harm, and requiring courts to assess the credibility of such claims, say attorneys at Crowell & Moring.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • The State Of The College Athletics NIL Revolution

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    In the last year, a drastically new landscape has opened up for student-athlete compensation since the Alston U.S. Supreme Court decision and the NCAA's policy change on sponsor partnerships — with football and basketball players generating the most revenue and women securing some of the largest name, image and likeness deals, says Paul Greene at Global Sports Advocates.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law

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    California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

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