Food & Beverage

  • May 26, 2017

    McDonald's Grills Bookkeeping Expert In Unpaid OT Trial

    McDonald’s on Friday grilled an accountant who testified the company could owe potentially $41 million in statutory penalties for arranging overnight shifts at its company-run stores in California so as to stiff thousands of workers on overtime, questioning the accountant’s qualifications and methodologies during cross-examination in the damages trial.

  • May 26, 2017

    Feds Say Billy Walters' Retrial Bid Is Doomed

    Manhattan federal prosecutors said in court papers Friday that prominent gambler Billy Walters' request for a new insider trading trial because former Dean Foods Chairman Tom Davis allegedly perjured himself is no more than a rehash of failed arguments presented during summation that is doomed without new evidence.

  • May 26, 2017

    Deals Rumor Mill: Linde, State Bank of India, PepsiCo

    The supervisory board of German industrial gas company Linde will vote on the company's blockbuster merger with U.S. peer Praxair on June 1, State Bank of India is preparing a $2 billion share sale, and PepsiCo might buy the owner of Vita Coco water.

  • May 26, 2017

    Fla. Chicken Chain, TCPA Class To Refute Settlement Denial

    Fast-casual chicken restaurant operator Pollo Operations Inc. and a proposed consumer class said Friday they will refute a Florida magistrate judge's denial of a $975,000 settlement over alleged federal Telephone Consumer Protection Act violations, noting that the court can expect to see them file a new request.

  • May 26, 2017

    Supplier Pays $95M To End FCA Case In Iraq War Food Deal

    Logistics company Agility will pay $95 million to settle a False Claims Act suit related to alleged overcharging on $8.5 billion in Iraq War food supply contracts, it announced Friday, following the earlier resolution of related criminal and contractual disputes.

  • May 26, 2017

    4th Circ. Won't Rethink RJ Reynolds Win In $50M ERISA Suit

    The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.

  • May 26, 2017

    Chipotle Hit With 2nd Suit From Financial Institution Over Hack

    The legal backlash against Chipotle over a late-April data breach continued to mount on Friday, as the second financial institution in less than a month filed a proposed class action in Colorado federal court accusing the restaurant chain of failing to maintain adequate security measures.

  • May 26, 2017

    Bankrupt China Fishery Gets 6-Month Exclusivity Extension

    Defunct China Fishery Group Ltd. was granted a six-month extension of exclusive control over its Chapter 11 case on Friday despite strong pushback from creditors, with a New York federal bankruptcy court giving the debtor until November to file a plan.

  • May 26, 2017

    Coverage Barred By Laggardly Notice, 8th Circ. Says

    A Minnesota nationwide food wholesaler has lost the opportunity to avail itself of insurance coverage for a former salesperson’s suit seeking unpaid commissions, the Eighth Circuit ruled Thursday, because the policyholder didn’t provide notice “as soon as practicable.”

  • May 26, 2017

    2 Reps. Question DOJ's Going After Landowner In CWA Case

    Two House Republican committee chairmen wrote a letter to U.S. Attorney General Jeff Sessions on Friday asking why the Department of Justice is continuing to prosecute a California landowner for Clean Water Act violations, arguing that the case was improperly pushed under former President Barack Obama.

  • May 26, 2017

    Instant Coffee Sex Aid Recalled After Report Of Death

    A Malaysia-based company on Thursday said that it’s recalling an instant coffee product marketed as a sexual enhancement supplement, following the report of an individual’s death after drinking the coffee and a U.S. Food and Drug Administration analysis showing it contained erectile dysfunction drugs.

  • May 25, 2017

    TC Heartland Adds To Fed. Circ. Losing Streak At High Court

    In its blockbuster ruling this week restricting where patent infringement suits can be filed, the U.S. Supreme Court issued yet another blow to the Federal Circuit in an ongoing battle over whether the court is reading too much into statutes and creating too many elaborate rules for patent law.

  • May 25, 2017

    Some State Claims Tossed From TGI Friday's Wage Suit

    A New York federal judge on Thursday dismissed New Jersey, Connecticut and Michigan state claims in a proposed wage-and-hour collective action against TGI Friday's, finding the statutes the workers sued under do not support their claims.

  • May 25, 2017

    NutraSweet Gets $100M ICC Award Nixed By NY Judge

    A New York state judge has sided with NutraSweet Co. and ordered an International Chamber of Commerce tribunal to reconsider parts of a $100 million award it issued to a Korean food conglomerate following a dispute over a soured aspartame deal, saying the tribunal manifestly disregarded New York law.

  • May 25, 2017

    4 Investors Settle SEC's Coffee Co. Pump-And-Dump Claims

    A California federal judge gave the green light on Wednesday for four offshore investors to pay the U.S. Securities and Exchange Commission nearly $1.7 million in disgorgements and interest to settle allegations that they participated in a $78 million pump-and-dump scheme involving shares of Jammin’ Java Corp., a coffee company originally founded by Bob Marley’s son Rohan.

  • May 25, 2017

    DOJ Settles With NM Farm Over US Worker Discrimination

    The U.S. Department of Justice settled Tuesday with a New Mexico onion farm to resolve claims that it hired foreign visa workers over U.S. citizens, requiring the farm to pay civil penalties to the government, provide anti-discrimination training to its employees and consent to government monitoring ensuring compliance.

  • May 25, 2017

    PTAB Axes Coupon Patent Claims Challenged By Walgreens

    The Patent Trial and Appeal Board has found that all challenged claims in three patents covering customer rewards technology are invalid as obvious or as lacking proper written descriptions, handing retailers including Walgreens a win.

  • May 25, 2017

    Pork Producers Don't Want Trump To Rock NAFTA Boat

    The National Pork Producers Council on Thursday warned the Trump administration against making too many drastic changes to the North American Free Trade Agreement in upcoming negotiations, stressing the deal’s many benefits for its members, particularly the inroads it helped create in the Mexican market.

  • May 24, 2017

    Phony 5-Hour Energy Bottle Maker Gets Over 2 Years

    A California federal judge sentenced a bottle maker on Wednesday to more than two years in prison for his role in a massive scheme to counterfeit 5-Hour Energy drinks, saying he must serve prison time even if he didn’t originally know conspirators had asked him to make packaging for phony products.

  • May 24, 2017

    Jury Hands UC Berry IP Win, But Judge Slams Both Sides

    A California federal jury found largely in favor of the University of California Davis on Wednesday in a suit claiming two professors stole intellectual property from its strawberry breeding program in launching their rival company, but the presiding judge said “both sides are to blame,” because the university failed to plan the strawberry program’s future.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • In Congress: Budget, Health Care, Comey

    Richard Hertling

    As we approach the Memorial Day recess, President Trump’s firing of FBI Director James Comey and allegations that the president sought to stop the FBI from investigating former National Security Advisor Michael Flynn’s potential ties to Russia remain at the top of the news cycle and threaten to derail Republican efforts to pursue health care and tax reform, among other priorities, say Richard Hertling and Kaitlyn McClure of Covingt... (continued)

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Don't Overlook The 1st Amendment In Labeling Litigation

    Michael Mueller

    Arguing that the First Amendment provides protection for product labeling is far from a slam dunk. But recent cases in Florida, Vermont and the District of Columbia highlight that, depending on the jurisdiction in which claims are brought, product suppliers and retailers may be able to defend their advertising and labeling practices on constitutional grounds, say attorneys with Hunton & Williams LLP.

  • When You Can Fire An Employee For Nasty Workplace Talk

    Stephanie Caffera

    How is it possible that an employee who used nasty language when referring to his supervisor on Facebook is protected, while an employee who yelled directly at his manager using similar verbiage is not? There are several key distinctions that help explain the vastly different outcomes in each case, say attorneys with Nixon Peabody.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.