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Food & Beverage

  • May 25, 2018

    Chili's Parent Co. Sued For Negligence Over Data Breach

    The parent company of Chili’s Grill & Bar was hit with a putative class action in Florida federal court Thursday over hacked customer credit and debit card information, less than two weeks after the company announced that a data breach had affected some of its 1,600 restaurants.

  • May 25, 2018

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

    The last week has seen an Irish real estate developer sue Ireland's "bad bank," a contract dispute between two African banks and a French fishing operator, and several major insurers take Danish shipping giant Maersk to court. Here, Law360 looks at those and other new claims in the U.K.

  • May 25, 2018

    US-Canada Wine Row: Contentious Notes, Uncertain Finish 

    The Trump administration on Friday asked for a World Trade Organization panel to examine its complaint against Canadian wine rules that have allegedly kept U.S. wine off grocery store shelves in British Columbia, moving the dispute to a more contentious phase after talks to settle the fight fell through.

  • May 25, 2018

    Applebee’s Sues Franchisee In Ch. 11 Over Deal Breaches

    The parent company of Applebee’s Neighborhood Bar and Grill sued a bankrupt franchisee in Delaware on Friday, saying the debtor breached franchise agreements by closing several restaurants without permission and ceased making royalty payments several months before its Chapter 11 filings.

  • May 25, 2018

    $21.5M Monsanto Settlement Over Roundup Labels Approved

    A Missouri federal court on Friday approved a $21.5 million settlement between Monsanto and a class of consumers suing the agrochemical giant over misleading labeling on its Roundup weed killer, calling it a “strong result in the face of an uncertain trial outcome.”

  • May 25, 2018

    NY Steakhouse Illegally Fired Striking Workers, NLRB Says

    A prominent steakhouse in Manhattan famous for being the location where a mob boss was gunned down has been told to rehire a number of workers who went on strike, after the National Labor Relations Board ruled that they were illegally fired. 

  • May 25, 2018

    Brand Battles: Penn State, Mountain Dew, Spotify

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Penn State squares off with Syracuse over "glory" trademarks, Pepsi faces a fight over its latest brand of Mountain Dew, and Spotify cites stats in its tussle with a similarly named company.

  • May 25, 2018

    Deals Rumor Mill: AE Industrial, Johnson Controls, Diageo

    AE Industrial Partners is close to closing its second fund at $1.35 billion, KKR and Apollo Global Management are eyeing Johnson Controls International’s power solutions unit, and Diageo is gauging interest in a number of spirits brands.

  • May 25, 2018

    9th Circ. Wrongly Expanded Fishing Rights Treaty, Tribe Says

    The Makah Indian tribe has asked the U.S. Supreme Court to review a Ninth Circuit decision backing a lower court's finding that the U.S. gave the Quileute Indian tribe and the Quinault Indian Nation the right to hunt whales and seals when it granted both the "right of taking fish" in a treaty signed in 1855.

  • May 25, 2018

    Phone, Email Don't Excuse Inaccessible Website, Judge Says

    Returning a phone call or replying to an email aren't alternatives to operating a website that the visually impaired can access, a California state judge has ruled, saying the so-called auxiliary aids offered by a prominent Los Angeles restaurant violated the Americans with Disabilities Act.

  • May 24, 2018

    Judge Won't Review Cert. Denial In Tropicana False Label Suit

    A New Jersey federal judge won't reconsider denying class certification in a suit alleging that Tropicana Products Inc. not-from-concentrate orange juice was mislabeled as "natural," denying the consumers' argument that the judge had misconstrued their claims in his ruling.

  • May 24, 2018

    Grape Commission Ads Are Gov't Speech, Calif. Justices Say

    The California Supreme Court on Thursday ruled that advertisements by the California Table Grape Commission constituted government speech, affirming lower court decisions to toss a suit from farmers who said they shouldn’t have to pay for ads that contradict the message they want to spread about their grapes.

  • May 24, 2018

    Class Action Claiming Illegal Tip Pool Stays In Fed. Court

    A Hawaii federal judge denied a bid by a former waiter at a restaurant group to move back to state court his proposed class action claiming his ex-employer used illegal tip pooling practices, ruling Wednesday that the group's removal of the case was proper.

  • May 24, 2018

    Pro Golfer Gets Suit Over Promotion Deals Putted To Fla.

    A Washington federal judge approved a request to transfer to Florida a supplement company’s breach-of-contract suit against professional golfer Greg Norman, finding Thursday that the relevant contract was negotiated and signed in the Sunshine State.

  • May 24, 2018

    Investors Can’t Stop Celeb Chef From Bankruptcy Filing

    Celebrity chef Jose Garces can keep some of his Philadelphia restaurants under Chapter 11 protection as he gears up to present a stalking horse deal to the bankruptcy court next week, a New Jersey judge has said, rejecting investors’ claims that he lacked the authority to do so.

  • May 24, 2018

    Klamath Tribes Sue Over Fish Harmed By Lake Water Levels

    The Klamath Tribes filed suit in California federal court on Wednesday against federal agencies including the U.S. Bureau of Reclamation alleging they aren’t maintaining proper water levels for the Upper Klamath Lake, causing harm to two species of endangered fish vital to the tribes’ culture.

  • May 24, 2018

    Kimpton, Consumers Reach Deal In Data Breach Suit

    Kimpton Hotel & Restaurant Group LLC has reached a settlement agreement in a suit over the theft of payment card data in a 2016 security breach, with the proposed class asking a California federal court to approve reimbursement of up to $10,000 each for 150,000 or more consumers.

  • May 24, 2018

    Weil, Sidley Steer Kroger’s Up To $700M Home Chef Merger

    Grocery store chain The Kroger Co. has agreed to merge with Chicago-based meal kit company Home Chef in an up to $700 million deal steered by Weil Gotshal & Manges LLP and Sidley Austin LLP, respectively, the companies said Wednesday.

  • May 23, 2018

    WTO Boss Sees Sector-Specific Trade Talks Picking Up Steam

    World Trade Organization director-general Roberto Azevedo said Monday that he has seen "real momentum" in the WTO's efforts to craft new rules on e-commerce and commercial fishing following its pivot from large-scale trade talks to sector-specific consultations.

  • May 23, 2018

    Fed. Circ. Upholds Most Of Bovine Breeding Patent Verdict

    A split Federal Circuit panel on Wednesday mostly upheld a verdict that Trans Ova Genetics LC infringed XY LLC’s patents on sorting cattle semen for breeding, although the judges disputed whether an inter partes review invalidation of one patent rendered the validity of that patent moot.

Expert Analysis

  • Don’t Cry Over Clearly Labeled Organic Milk

    Jeff Brown

    Earlier this month, a California federal court dismissed a claim that Horizon Organic milk, which contained an additive noted on the package, was not truly organic, and thus violated state laws against product misrepresentation. The decision makes clear that if a label identifies a product’s content, a claimant cannot assert that she read the label and then was misled, says Jeff Brown of Thompson Coburn LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.