Food & Beverage

  • September 21, 2017

    Dow's Appeal Of $455M Award To High Court Won't Be Easy

    Dow AgroSciences LLC has asked the U.S. Supreme Court to take up its public policy challenge to a $455 million arbitral award to two Bayer AG subsidiaries following a patent dispute, but experts say the petition is likely to face headwinds even if it's possible that the arbitrators made a mistake.

  • September 21, 2017

    Ill. High Court Says State Link Too Bare For Insurance Suit

    Illinois’ highest court booted an insurance action from the state on Thursday, saying a warehousing company’s warehouse in the state wasn’t enough of a link to permit jurisdiction under the U.S. Supreme Court’s Daimler decision.

  • September 21, 2017

    Country Club Says 'Baseless' OT Claims Warrant Sanctions

    A South Florida country club asked a federal judge Thursday to sanction a former restaurant employee and his attorney, saying they have continued to pursue a suit claiming the ex-line cook was denied overtime and fired for complaining even though pay stubs show otherwise.

  • September 21, 2017

    2nd Circ. Backs Travelers' $1.2M Stolen Booze Loss

    The Second Circuit on Thursday backed a lower court that put Travelers on the hook for a $1.2 million booze theft, saying there was no question who had custody of the bottles or any reasonable dispute over how much they were worth.

  • September 21, 2017

    FDA Must Respond To Teething Safety Petition, Suit Argues

    Liberal consumer advocacy group Public Citizen on Thursday asked a D.C. federal court to make the U.S. Food and Drug Administration respond to its July 2014 citizen petition regarding safety concerns about an ingredient in infant teething products and medicines.

  • September 21, 2017

    Mott's Beats Fruit Snack False Labeling Class Action

    Mott’s fruit snack labels couldn’t have tricked consumers into thinking they were “nutritious and healthful,” a California federal judge said Wednesday, finding that claims in a proposed class action were contradicted by the snacks’ labels themselves, which said they were “not intended to replace fruit in the diet.”

  • September 21, 2017

    Fruit Co. Sues Insurer Over Hep A Smoothie Outbreak

    A frozen fruit supplier Wednesday told a Virginia federal court that Travelers’ Canadian subsidiary, as the insurer of the company that allegedly imported contaminated fruit, owes it $10 million in coverage from litigation arising from a smoothie-borne hepatitis outbreak.

  • September 21, 2017

    Truffle Tiff Targeting Trader Joe's Oil Expands To 3 Suppliers

    Shoppers who say that Trader Joe's charged them premium prices for imported truffle-flavored olive oil that contains no "black truffle whatsoever" added a California importer and two Spanish food companies Wednesday to a Manhattan class action targeting the grocery giant.

  • September 21, 2017

    Darden Spinoff REIT To Pay $67M For 41 Restaurants

    Real estate investment trust Four Corners Property Trust said Wednesday it has inked an agreement to acquire 41 restaurant properties from Washington Prime Group Inc. for a purchase price of about $67.2 million in cash.

  • September 21, 2017

    Deals Rumor Mill: Carlyle, Asahi Group, KKR

    Carlyle is in the latter stages of raising a $5 billion Asia-focused fund, Japanese brewer Asahi Group is looking to spend billions on acquisitions, and KKR is offering to pay £600 million for a U.K. health and fitness club operator.

  • September 21, 2017

    DC Circ. Won’t Rehear Challenge To $380M Tribal Payout Plan

    The D.C. Circuit on Wednesday declined to review its May decision rejecting challenges to a plan to redistribute $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • September 21, 2017

    Germany-Based Schenck Valued At More Than €700M In Sale

    IK Investment Partners has agreed to sell Schenck Process, which provides measuring and process technology and serves industries including food, chemicals, mining and construction, in a deal valuing the business at more than €700 million ($836.7 million), a source familiar with the matter confirmed to Law360 on Thursday.

  • September 20, 2017

    EU Court Scratches End Of Poultry Subsidy On Technicality

    The Court of Justice of the European Union on Wednesday cited a procedural error in annulling a regulation that eliminated a subsidy on poultry meat, but the court said the regulation would remain in effect until a new measure was adopted.

  • September 20, 2017

    Keurig Green Mountain Seeks Quick Win In Stock-Drop Suit

    Keurig Green Mountain Inc. has urged a Vermont federal court to grant it and its former top officers a quick win in a securities class action that accuses them of misleading the market with a "false growth story," telling the court that the investors behind the suit can't connect their allegations to the losses they claim to have suffered.

  • September 20, 2017

    Gordon Ramsay Must Give Up Docs On Caesars Restaurants

    An Illinois bankruptcy judge Wednesday ordered celebrity British chef Gordon Ramsay to turn over documents covering plans for restaurants with Caesars, saying that the television personality is at the center of a dispute involving the casino giant as it nears the end of its Chapter 11 saga.

  • September 20, 2017

    Appeals Court Affirms Parking Ban In Boston Land Use Row

    A Massachusetts appeals court Tuesday affirmed that a Boston grocer may not park cars in a passageway it shares with an adjacent church and residential buildings, while also finding that a 1947 agreement between the church and the supermarket on the usage of the passageway was not enforceable.

  • September 20, 2017

    Del. Court Grapples With Forum In Argentine Toxic Tort Suit

    Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

  • September 20, 2017

    Enviros Undo Calif.'s Approval Of New Pesticide Labels

    A California appeals court on Tuesday reversed a lower court’s decision in favor of the state’s Department of Pesticide Regulation in a suit by environmental groups challenging the approval of amended labels for two previously registered pesticides, saying the department’s efforts at environmental review were deficient.

  • September 20, 2017

    Death Wish Coffee Co. Recalls Cold Brew For Botulism Risk

    A New York-based company called Death Wish Coffee Co. is voluntarily recalling its canned “Nitro Cold Brew” coffee out of a risk of botulism, a potentially deadly type of food poisoning, according to a notice posted Tuesday by the U.S. Food and Drug Administration.

  • September 20, 2017

    Starr Says Juice Maker Should Have Disclosed Presuit Notice

    Starr Indemnity & Liability Co. told a Washington federal judge Tuesday that a notice of a possible suit under California's Proposition 65 labeling law created a claim that a fruit juice maker should have told the insurer about when it applied for a policy, while the juice maker urged the court to find the claim didn't arise until the suit was filed.

Expert Analysis

  • Why A Subway Sandwich Class Settlement Didn't Measure Up

    Gerald Maatman Jr.

    The Seventh Circuit recently rejected a class action settlement involving Subway sandwich purchasers who sued for alleged consumer fraud, calling the settlement "worthless" in terms of alleged relief to the class. Companies defending such litigation cannot expect to "buy peace" by simply paying off plaintiffs lawyers, say Gerald Maatman Jr. and John Marrese of Seyfarth Shaw LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • As Medical Food Industry Grows, So May FDA Scrutiny

    Kyle Diamantas

    An important regulatory advantage enjoyed by "medical food" products is the ability to make affirmative claims that a particular medical food may assist in treatment or management of a disease condition. But the category is poised to attract increased attention from the U.S. Food and Drug Administration, says Kyle Diamantas of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • What Beer Marketers Should Know About State False Ad Laws

    Christian Foote

    Recently, several class actions have sprung up alleging consumers were deceived as to where beer they purchased was produced. These complaints are uniformly met with a motion to dismiss, and in the opinions there are branding insights that all marketers, not just beer makers, can use, says Christian Foote of Carr McClellan PC.

  • Navigating Hurdles To Bring Pheromone Pesticides To Market

    Johnny Johnson

    For a given pesticide, registration can involve a vast amount of data and many years of testing and product development. However, many of these precautions should not apply to pheromones used for pest management, and the U.S. Environmental Protection Agency has recognized this and adjusted its review of pheromone-based products, say Johnny Johnson and Christian Kerr of Lightfoot Franklin & White LLC.

  • Aligning A Product's Marketing, Regulatory And IP Plans

    Raymond Miller

    Marketing plans for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device, could impact both regulatory and exclusivity strategies. Innovators should consider how they will position their product in the market and whether their exclusivity strategy aligns with their marketing strategy, say attorneys with Pepper Hamilton LLP.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.