Food & Beverage

  • November 17, 2017

    Cherokee Nation Latest To Accuse Tuna Cos. Of Price Fixing

    The Cherokee Nation on Thursday lodged a proposed class action in California federal court against a handful of tuna companies, including Bumble Bee and StarKist, accusing them of violating federal and numerous state consumer protection laws over an alleged canned tuna price-fixing scheme.

  • November 17, 2017

    Salsa Co. Continues Push Against ICC Arbitration Provider

    A Mexican salsa maker told a New York federal judge Thursday that its suit against the International Chamber of Commerce’s North American arbitration provider should be allowed to continue, urging the court to recognize a Mexican court order halting the ongoing arbitration between the sauce company and an investor.

  • November 17, 2017

    4th Circ. Revives Drivers' FLSA Claims Against Baking Co.

    The Fourth Circuit on Friday reinstated Fair Labor Standards Act claims in a suit against Schmidt Baking Co. Inc. from former employees alleging they were entitled to overtime pay, reversing a lower court’s dismissal.

  • November 17, 2017

    OSHA Floats $1.8M In Fines Over Wis. Corn Mill Explosion

    A Wisconsin milling company should pay more than $1.8 million in fines after a late May explosion at one of its corn mills left five workers dead and injured a dozen others, the Occupational Safety and Health Administration proposed Friday.

  • November 17, 2017

    Brand Battles: Wu-Tang Takes On 'Woof-Tang' Dog Walkers

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, legendary hip hop group Wu-Tang Clan takes on a Manhattan dog walker called "Woof-Tang Clan," Play-Doh gets involved with nonsmell-related trademarks, and Sazerac takes a "Paddy" whack at a small Massachusetts company.

  • November 17, 2017

    Ocean Spray Sued Over 'No Artificial Flavors' Juice Label

    Ocean Spray Cranberries Inc.’s “CranGrape” and “CranApple” juice-based beverages falsely advertise that they don’t include any artificial flavors, claimed a proposed class action removed to California federal court Thursday.

  • November 17, 2017

    Disney Can Arbitrate 'Pink Slime' Coverage Row

    A California federal judge on Friday granted The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed the company's beef byproduct "pink slime," one day after hearing arguments on the motion.

  • November 17, 2017

    Kraft Sues Mexican Distributor Over $2M In Late Payments

    The exporting arm of packaged food giant Kraft Inc. filed suit against Mexican distributor Kbasa SA de CV on Thursday, alleging Kbasa has failed to pay more than $2 million it owes Kraft for products the company bought.

  • November 17, 2017

    Dutch Co. Gets $43K Award Nixed In Shipping Case

    An English High Court judge on Thursday set aside a $43,100 arbitral award won by a ship chartering operation after a payment dispute with a Dutch agricultural commodities company, concluding the Dutch business hadn't been properly notified of the arbitration.

  • November 17, 2017

    Legacy Raises $300M In IPO To Buy Consumer Co.

    Legacy Acquisition Corp., a blank check company led by former Procter & Gamble Co. executives and private equity veterans who aim to acquire a consumer-oriented company, listed shares Friday after raising $300 million through an initial public offering.

  • November 17, 2017

    Simply Potatoes Have Unexpected Margarine, Consumers Say

    Post Holdings Inc. has misrepresented that its Simply Potatoes Mashed Potatoes are “made with real butter” when the products unexpectedly contain less-healthy margarine as well, according to a proposed class action filed Friday in New York federal court.

  • November 17, 2017

    Mondelez Faces Labeling Suit Over Sugary Breakfast Items

    Mondelez International Inc. was hit with a proposed class action Thursday in California federal court alleging the snack food giant duped consumers into thinking its belVita breakfast biscuits are a healthy way to start the day when they are actually full of sugar.

  • November 17, 2017

    Pa. Worker's Actions At Protest Don't Bar Unemployment Pay

    A Pennsylvania appeals court has refused to bar a restaurant worker from getting unemployment benefits despite losing his job after an altercation outside his workplace with individuals protesting a police-involved shooting.

  • November 17, 2017

    Veggie Processing Plant Settles DOJ Immigrant Bias Claims

    A Washington-based vegetable processing plant has agreed to shell out $100,000 to resolve claims levied against it by the U.S. Department of Justice that it discriminated against immigrants who were authorized to work in the U.S. in violation of federal immigration law, the DOJ announced Thursday.

  • November 16, 2017

    Pilgrim's Pride To Pay $1.4M In Water Pollution Settlement

    Poultry processing giant Pilgrim's Pride Corp. has agreed to pay $1.43 million — believed to be the largest amount ever in a citizen enforcement Clean Water Act suit in Florida — to resolve environmental groups' claims that its Live Oak, Florida, plant polluted the Suwannee River.

  • November 16, 2017

    Defunct Food Distribution Co. Owner Gets 3 Years For Fraud

    The owner of a former food distribution company has been sentenced by a federal judge to three years behind bars for swindling three restaurant groups out of millions of dollars, the U.S. Attorney’s Office for the District of Connecticut announced Thursday.

  • November 16, 2017

    ICC Provider Says Salsa Co.'s Suit Belongs In Federal Court

    The International Chamber of Commerce’s North American arbitration provider said Wednesday it plans to urge a New York federal judge to keep a dispute over whether the provider must halt arbitration between an investor and a salsa company after a Mexican court ordered it stopped.

  • November 16, 2017

    TerraVia's Ch. 11 On Track For January Confirmation Date

    Bankrupt algae-based food maker TerraVia Holding Inc. received interim approval Thursday in Delaware for its Chapter 11 plan disclosures so it can begin soliciting creditors for votes on the plan, which is up for confirmation in January.

  • November 16, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG on Thursday urged a California federal judge to deny The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed its beef byproduct “pink slime,” saying Disney’s petition fails to include the news outlet and the reporter.

  • November 16, 2017

    Greek-Style Foods Top Recall List Over Listeria Risk

    Yorgo’s Foods Inc., which specializes in Mediterranean-style food, is recalling more than 40 types of Greek-style products sold under its name and the Trader Joe’s brand because they may be contaminated with listeria, the company said Wednesday, a day when multiple listeria-related recall notices were posted to the FDA's website.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • A Partial But Significant Tax Victory For Tribal Casinos

    Timothy Evans

    A South Dakota district court's recent decision in Flandreau v. Gerlach prevented the state's imposition of a use tax on purchases by nonmembers of goods and services at the tribe's on-reservation casino and related amenities. This case emphasizes the dual taxation problem that tribes should seek to have addressed through federal legislation once and for all, say Timothy Evans and Kathleen Nilles of Holland & Knight LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.