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Food & Beverage

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Mike And Ike Slack-Fill Suit Dismissed After Deal Reached

    A Missouri federal judge on Wednesday dismissed a proposed class suit against the maker of Mike and Ike and Hot Tamales candies alleging it underfilled boxes of the sweets, citing a settlement the candymaker reached with the proposed class.

  • November 14, 2018

    Cargill Units For Sale As La Coop Antitrust Worries Crop Up

    Four Canadian retail locations belonging to Cargill Ltd. will be sold off to deal with antitrust concerns surrounding the company's grain business merger with La Coop fédérée.

  • November 14, 2018

    Consumers Want Nestlé 'No GMO' Label Suit To Go Forward

    A proposed class of consumers has told a California federal court to keep a suit alleging Nestlé USA Inc. uses a misleading "No GMO Ingredients" seal of approval issued by the company itself, saying Nestlé's motion to dismiss brings in arguments and evidence that are inappropriate at such an early stage of litigation.

  • November 14, 2018

    Kramer Levin, Milbank Tweed Steer $1B Hotel-Casino Buy

    Kramer Levin Naftalis & Frankel LLP represented REIT Vici Properties Inc. on its acquisition, alongside Pennsylvania-based Penn National Gaming Inc., of a Detroit hotel and casino from Rock Ventures LLC and Jack Entertainment LLC for a combined $1 billion, a deal announced Wednesday and in which Milbank Tweed Hadley & McCloy LLP helped Penn National.

  • November 14, 2018

    Food Tastes Not Covered By Copyright, EU Top Court Says

    The European Union’s top appeals court ruled Tuesday that food tastes cannot be protected by copyright law, rejecting a Dutch cheesemaker’s effort to copyright a type of cream cheese.

  • November 13, 2018

    Palm Families Get More Than $73M In Royalty Fees, Rent

    A New York state judge on Tuesday awarded family members behind the famous Palm steakhouse — who say they were cheated out of intellectual property licensing by the cousins who built a single trendy outpost into an empire — at least $73 million in royalties and lost rent.

  • November 13, 2018

    MillerCoors Wants To Drain Pabst, Jury Told In $400M Spat

    MillerCoors is trying to pour Pabst Brewing Co.'s business down the drain by raising prices under its exclusive agreement to brew Pabst's beers, Pabst said Tuesday during opening statements in the Wisconsin trial over its $400 million contract suit, while MillerCoors said the allegations of a malevolent plot are "perfectly false."

  • November 13, 2018

    Applebee’s Franchisee’s Ch. 11 Faces Confirmation Hurdles

    Bankrupt Applebee's franchisee RMH Franchise Holdings Inc. said Tuesday it hopes to be able to soon reach an agreement to settle roughly $14 million in possible claims owed to its parent company as a confirmation hearing nears for its Chapter 11 plan.

  • November 13, 2018

    Former Cinnabon Worker Keeps No-Poach Suit 'At Own Risk'

    A former Cinnabon worker can move forward with a proposed antitrust class action over the company's allegedly anticompetitive "no-poaching" agreements keeping franchises from hiring away the employees of their peers, but a Washington state federal judge signaled a tough road ahead by imposing a challenging burden of proof.

  • November 13, 2018

    Ex-Grubhub Driver Asks 9th Circ. To Undo Contractor Ruling

    A former Grubhub Inc. driver asked the Ninth Circuit on Friday to reverse a finding that he’s an independent contractor and not an employee, insisting the worker classification standard set by the California Supreme Court's Dynamex ruling upended it.

  • November 13, 2018

    Sainsbury, Walmart Unit Say UK Merger Concerns Unfounded

    Grocery outlet Sainsbury and Walmart Inc.'s U.K. subsidiary have responded to criticisms that their proposed merger would harm competition, saying in a report made public Tuesday that it would instead lead to an increase in competition and lower prices for consumers.

  • November 13, 2018

    EPA Moves To Exempt Animal Waste Reporting Requirements

    The U.S. Environmental Protection Agency on Tuesday said it was taking another crack at exempting animal waste emissions from reporting requirements under federal law, following court cases that left the issue up in the air.

  • November 13, 2018

    McDonald's Shakes ADA Suit Over Drive-Thru Access

    An Illinois federal judge on Tuesday put a stop to a proposed nationwide class action alleging the fast-food chain's "late-night," drive-thru-only policy excludes those who can't drive in the dark, saying the customer's claims are too general to bring the suit.

  • November 13, 2018

    Wis. Village Says Oneida Reservation No Longer Exists

    A Wisconsin village said Monday the federal government is wrong to side with the Oneida Nation in its challenge to permitting requirements for an apple festival, telling a Wisconsin federal court that thanks to allotments of tribal land allowed under federal law the reservation has been diminished to the point of non-existence.

  • November 13, 2018

    Insurer Says Sports Bar Not Covered In Customers' Crash Suit

    Atlantic Casualty Insurance Co. filed suit Tuesday against a sports bar it insures to avoid paying for an underlying suit by four customers over an intoxicated patron who crashed his car into the Cincinnati-area bar, telling an Ohio federal court that several exclusions apply to bar coverage.

  • November 13, 2018

    NJ Arbitration Clauses Must Specify Forum, Court Says

    A New Jersey appeals court Tuesday revived a former Jenny Craig Inc. worker's lawsuit alleging her hours were drastically cut because of her age, ruling that arbitration clauses that don't specify a forum are unenforceable.

  • November 9, 2018

    Third Point Scales Back Campbell Board Takeover Bid

    Hedge fund Third Point LLC on Friday scaled back its bid to control Campbell Soup Co.’s board following what it called “decades of underperformance,” announcing its intent to nominate five independent director nominees instead of the originally planned 12.

  • November 9, 2018

    Deals Rumor Mill: BlackBerry, Permira, ADM

    BlackBerry is discussing a deal to buy Cylance Inc., Permira wants to sell off Teraco Data Environments, and Archer Daniels Midland floated a deal to buy Molinos Agro’s livestock feed and soy oil manufacturing plant.

  • November 9, 2018

    Okla. Pork Co. Pays $1M To End ICE Employment Probe

    An Oklahoma agribusiness agreed on Thursday to fork over more than $1 million to U.S. Immigration and Customs Enforcement and the Oklahoma Attorney General's Office to resolve claims that the company's pork production plant hired unauthorized immigrant workers, according to ICE.

Expert Analysis

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Has The 11th Circ. Become Consumer-Friendly?

    Austin Whitten

    Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.

  • Bringing Alcoholic Beverage Coupons Into The Digital Age

    Alva Mather

    Laws on coupons and rebates for alcoholic beverages vary across the country. Ascertaining the legal status of digital coupons, which may not have been envisioned when a state's laws were written, creates additional wrinkles for companies, says Alva Mather of DLA Piper.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • Spotlight On Private Antitrust Enforcement At Seoul Forum

    James Robertson Martin

    At the 10th International Seoul Competition Forum, panelists discussed how private litigation can supplement public enforcement of antitrust laws, and explored how Korea, Hong Kong, China and Europe are all moving in the direction of U.S.-style private enforcement, but to varying degrees, says James Robertson Martin of Zelle LLP.