Food & Beverage

  • January 20, 2017

    Costco Secures Workers' Class Decertification At 9th Circ.

    A class of workers in a long-running labor law violation case against Costco Wholesale Corp. was rightfully decertified because their circumstances around any allegedly unpaid work varied too much to be litigated together, a Ninth Circuit panel said on Friday.

  • January 20, 2017

    Calif., Oil Cos. Get Pollution Conspiracy Suit Nixed

    A California federal judge on Friday threw out a racketeering lawsuit accusing oil companies and state officials, including Gov. Jerry Brown, of conspiring to boost profits and tax revenue from oil production in the San Joaquin Valley, without regard for farmland pollution.

  • January 20, 2017

    Korean Ramen Buyers Win Class Cert. But Not Sanctions

    A California federal judge Thursday granted class certification to purchasers of Korean ramen noodles alleging a price-fixing conspiracy among noodle manufacturers and their U.S. affiliates, saying the buyers’ experts had adequately shown classwide antitrust impact from the alleged collusion, but declined to impose sanctions regarding evidence preservation.

  • January 20, 2017

    NJ Judge Won't Disqualify Firm In Wine Co. Dispute

    A New Jersey judge on Friday declined to disqualify Kaufman Dolowich & Voluck LLP from representing two divisions of the same company embroiled in litigation with a former executive, ruling that the now-ousted CEO didn’t prove the the entities had conflicting interests.

  • January 20, 2017

    Judge Won't Toss 7th Suit Over New Orleans Eatery's Mark

    A Mississippi judge Thursday refused a motion to throw out the newest of the seven lawsuits swirling around the trademarks associated with the Camellia Grill restaurant chain in New Orleans on jurisdictional grounds, but did grant a request to move the case to Louisiana.

  • January 20, 2017

    Real Estate Rumors: Bank of China, Chiquita, Wharton Equity

    Bank of China is said to have provided a $60 million loan for a Times Square retail property, Chiquita Brands International is reportedly trying to end a lease in South Florida, and Wharton Equity has reportedly bought a Long Island City office and retail property for $24 million.

  • January 20, 2017

    Cheese Cos. Get 3 Years' Probation For Adulterated Product

    A Pennsylvania federal judge on Friday gave two companies that pled guilty to packaging and selling adulterated cheese 36 months of probation and ordered them to pay a total of $1 million in fines.

  • January 20, 2017

    English High Court Stays $250M Micula Award's Enforcement

    An English High Court judge declined Friday to set aside an order registering two Swedish food investors' $250 million arbitral award over the improper revocation of certain economic incentives, but he did pause enforcement while a European court weighs whether the award violates European Union law.

  • January 20, 2017

    Heineken, Kirin Confirm Talks Over Brazilian Beer Unit

    Heineken NV and Japanese beer company Kirin Holdings Co. Ltd. confirmed Friday that talks over the sale of Kirin's Brazilian subsidiary were ongoing after Japanese media reports said the two sides were closing in on a deal for the foundering unit.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    Monsanto Can't Keep Ex-Atty Out Of Syngenta MDL

    A Kansas federal magistrate judge shot down Monsanto’s “implied request” to exclude its former longtime in-house attorney from serving as a witness in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, holding Thursday that the deposition will go forward, but the company’s counsel can attend to object or advise the ex-employee.

  • January 19, 2017

    Calif. Tribes Press To Block Feds' Control Of Water Project

    Two California tribes again urged a federal judge Wednesday to halt the U.S. Bureau of Reclamation's operation of an irrigation project, saying that allowing the agency to maintain control could cause irreparable harm to salmon that are vital to the tribes.

  • January 19, 2017

    Food & Beverage Group Of The Year: Patterson Belknap

    After racking up major product labeling defense wins for Coca-Cola over a landmark $77.5 million suit brought by Pom Wonderful and Hershey over litigation concerning cocoa harvesting disclosures, Patterson Belknap Webb & Tyler LLP has earned a place among Law360’s Food & Beverage Groups of the Year.

  • January 19, 2017

    PE-Backed AdvancePierre Inks $338M Secondary Offering

    Private-equity-backed frozen foods maker AdvancePierre Foods Inc. priced a secondary share sale that raised $338 million Wednesday, mostly benefiting stockholder Oaktree Capital Management, taking advantage of favorable equity markets and the expiration of a lockup period that restricted share sales following its initial public offering.

  • January 19, 2017

    PTAB Upholds Patent For 'Highly Successful' Bottle Cap

    The Patent Trial and Appeal Board on Thursday upheld a bottle cap patent after finding, in a rare move, that secondary considerations, including the cap's commercial success in Peru, outweighed evidence of its obviousness.

  • January 19, 2017

    Restaurant Assn. Asks Justices To Review Tip-Pool Rule

    The National Restaurant Association on Thursday urged the U.S. Supreme Court to hear a suit challenging a Department of Labor rule that bars restaurants from sharing servers’ tips with kitchen staff, saying that allowing the rule would greatly expand agency powers past what Congress intended.

  • January 19, 2017

    Zico Coconut Water 'No Added Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

Expert Analysis

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Decoding New FDA Nutrition And Supplement Facts Guidance

    Carolina M. Wirth

    In issuing new draft guidance concerning its nutrition and supplement facts labeling regulations, the U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional compliance guidance. The new document addresses questions on compliance dates, added sugars, and vitamin and mineral declarations, says Carolina Wirth of Kilpatrick Townsend & Stockton LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.