Food & Beverage

  • October 26, 2021

    Fla. Restaurant To Pay $690K To Settle EEOC Sex Bias Suit

    A Florida restaurant has agreed to pay $690,000 to settle U.S. Equal Employment Opportunity Commission claims in federal court that a supervisor subjected female employees to unwelcome conduct and sexual comments, also consenting to the implementation of tougher anti-sexual harassment policies.

  • October 26, 2021

    McDonald's, Franchise Worker In St. Louis End Sex Bias Suit

    McDonald's and a worker who said she was assaulted and sexually harassed while on the job at a franchisee signaled to a Missouri federal judge on Tuesday that the parties have resolved the dispute.

  • October 26, 2021

    9th Circ. Partially Revives False Ad Suit Over Frozen Chicken

    The Ninth Circuit on Tuesday partially resurrected a proposed class action alleging Conagra Brands Inc. misleadingly labeled its frozen chicken as "natural" and free of preservatives, finding that it was unclear if the U.S. Department of Agriculture's Food Safety and Inspection Service had approved the labels.

  • October 26, 2021

    Wash. AG Accuses Chicken Producers Of Pricing Conspiracy

    The Washington state attorney general's office on Tuesday sued the producers of nearly all the chicken sold for meat in the U.S., accusing them of conspiring to inflate prices and coordinate supply, in the latest case targeting the broiler chicken industry.

  • October 26, 2021

    ViSalus Seeks 9th Circ. Reprieve From $925M TCPA Verdict

    Health supplement maker ViSalus has asked the Ninth Circuit to lift a $925 million "death sentence" against it for sending 2 million unsolicited robocalls, arguing that product promoters and customers voluntarily gave their phone numbers.

  • October 26, 2021

    4 Firms Guide $968M Sale Of Canadian Foods Businesses

    Canadian business conglomerate George Weston Ltd. said Tuesday it's selling its fresh and frozen bakery businesses to baked goods company FGF Brands Inc. for CA$1.2 billion (about $968 million) in a deal guided by four law firms, including Mayer Brown LLP and Stikeman Elliott LLP.

  • October 26, 2021

    Stockholders Press For Docs On 'Rotten' McDonald's Conduct

    An attorney for McDonald's Corp. stockholders urged a Delaware vice chancellor to approve a deeper dive into top-level corporate books and records Tuesday, citing intertwined complaints against two top officers and broader claims of a sustained, "rotten" company culture of discrimination and sexual harassment.

  • October 26, 2021

    Real Estate Rumors: National Retail, Constangy, Gomez

    National Retail Properties is reportedly considering building a 31,139-square-foot Publix in Florida, Constangy Brooks Smith & Prophete LLP is said to be moving to 5,315 square feet in Brooklyn, and Gomez Development Group has reportedly landed $45 million in financing for a Florida medical office project.

  • October 26, 2021

    Hartford Tells 2nd Circ. To Nix Hospitality Co.'s COVID-19 Suit

    A Hartford unit asked the Second Circuit to reaffirm a trial court's dismissal of a New York hospitality group's COVID-19 coverage lawsuit, noting that its fellow federal appeals courts have so far sided with insurers in such cases.

  • October 26, 2021

    Whole Foods Settles Wage Claims By Off-Duty NYPD Cops

    Whole Foods will fork over $185,000 to get out of a proposed class and collective action alleging several businesses and New York City failed to properly compensate NYPD officers who worked an off-duty security program, according to federal court papers filed Monday.

  • October 25, 2021

    Insurer Tells 9th Circ. Recent Ruling Bars Eateries' COVID Suit

    Affiliated FM Insurance Co. told the Ninth Circuit that an Outback Steakhouse franchisee's COVID-19 coverage suit is barred by the court's recent holding that another retailer did not suffer covered physical loss or damage when it lost access to its property because of shutdown orders.

  • October 25, 2021

    Trendy Salad Chain Sweetgreen Files Plans To Go Public

    Popular salad restaurateur Sweetgreen Inc. filed initial public offering plans Monday, steered by Cooley LLP and underwriters counsel Latham & Watkins LLP, joining a deep pipeline of IPO prospects that hope to go public before the end of 2021.

  • October 25, 2021

    Beer Biz Says Language Barrier Can't Beat Arbitration Clause

    A wholesale beer distributor has asked a Texas appellate court to send to arbitration the injury claims of a Spanish-speaking employee, arguing a trial court wrongly let the claims proceed in court after the injured man alleged the arbitration agreement was unconscionable.

  • October 25, 2021

    9th Circ. Sides With Nestle On Arrowhead Water Labeling Suit

    The Ninth Circuit has tossed a proposed class action against Nestle brought by a shopper who claimed that the company duped her into believing that its Arrowhead Water was sourced from Arrowhead Mountain, finding that this is a "rare" labeling lawsuit that could be decided simply on the pleadings.

  • October 25, 2021

    Drink Maker Accused Of Overstating Health Benefits On Label

    An Illinois resident is alleging that the maker of an alcoholic kombucha and seltzer brand has misled customers into thinking the drinks are healthier than they actually are, according to a proposed federal class action.

  • October 25, 2021

    Chef Hits Mass. Japanese Steakhouse Chain With Wage Suit

    The owners of several Boston-area hibachi restaurants failed to pay minimum wage or overtime, according to a chef's proposed class and collective action filed in Massachusetts federal court on Friday.

  • October 25, 2021

    Union Beats Frito-Lay Worker's Fair Representation Suit

    A Bakery, Confectionery & Tobacco Workers and Grain Millers International Union local did not discriminate against or fail to represent a former Frito-Lay worker by failing to show him documents that would have convinced him to sign a severance package, a Kansas federal judge ruled Friday.

  • October 25, 2021

    Just Eat Bites Back After Investor Urges Grubhub Divestiture

    Online food delivery giant Just Eat Takeaway.com said Monday that it will not rush into a sale of Grubhub despite pressure from a significant shareholder to divest or spin off the business, which it purchased last year for $7.3 billion.

  • October 25, 2021

    Ga. Domino's Franchisee To Settle Drivers' Expense Suit

    A Georgia Domino's Pizza franchisee told a federal court that he plans to settle a suit with drivers who won class certification for their vehicle expense reimbursements.

  • October 22, 2021

    Pepperidge Farm Wants 'Golden Butter' False Ad Suit Tossed

    Pepperidge Farm argued a product name "is not an ingredient list" when asking an Illinois federal judge Friday to toss a false advertising proposed class action alleging the snack maker misled consumers into thinking its "Golden Butter" crackers are made with 100% butter and no vegetable oil.

  • October 22, 2021

    Feds Ask For 10 Years For Brit Involved In Bar Works Fraud

    Federal prosecutors asked a New York federal judge to sentence a convicted British fraudster to at least 10 years in prison and pay $57 million in restitution for his role in a $50 million scheme to bolster the Bar Works startup.

  • October 22, 2021

    Brand Battles: Polaris Won't Go Soft On Monster Energy's TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, ATV maker Polaris Industries Inc. is trying to block Monster Energy Co.'s trademark application for "Polaris" energy drinks — plus four other cases you need to know about.

  • October 22, 2021

    Grocer Hits Pension Fund With Suit Over Arbitration Award

    A grocery retailer asked an Illinois federal court to vacate an arbitrator's ruling that approved a union pension fund's calculation of its withdrawal liability, saying the fund improperly calculated the company's payment schedule because it included the contribution history of several stores that were sold.

  • October 22, 2021

    Alba Botanica Maker Sued Over 'Reef-Friendly' Claims

    A California woman has hit the Hain Celestial Group with a proposed class action in federal court, claiming that the food and personal care product company falsely advertised some of its sunscreen products as "reef-friendly" despite containing harmful chemicals.

  • October 22, 2021

    Hazelnut Coffee Suit Roasted After Class Drops Ball

    A Massachusetts federal judge on Thursday tossed class allegations from a suit accusing the New England Coffee Co. of falsely advertising the use of hazelnuts in its coffee, ruling that the displeased customers' lack of response to the company's arguments admits defeat.

Expert Analysis

  • Parsing Boeing Decision In Light Of ESG, Caremark Trends

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    The recent Boeing shareholder litigation ruling comes amid an increase in Delaware Caremark decisions and attention to environmental, social and governance issues, which together will likely reorient boards' attention to core governance and how they monitor ESG risks, say Helene Banks and Elizabeth Sweeny at Cahill Gordon.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • More Prop 65 Regulation Of PFAS Means More Risks For Cos.

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    The California Office of Environmental Health Hazard Assessment's plans to expand regulation of per- and polyfluoroalkyl substances under Proposition 65 will likely increase litigation and enforcement risks for companies doing business in the state, say Brett Winters and Graham Ansell at GSI Environmental and Will Wagner at Arnold & Porter.

  • Opinion

    Time For Biden EPA To Resolve 'Waters Of US' Debate

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    The meaning of "waters of the United States" has been intensely debated through decades of court decisions and contradictory regulations, so the Biden administration's efforts to craft a durable definition are essential for regulatory certainty and environmental protections, says Jim Murphy at the Vermont Law School Environmental Advocacy Clinic.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • How Food Safety Ruling Supports FDA Framework

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    The recent New York federal court ruling in Center for Food Safety v. Price, affirming the exemption from U.S. Food and Drug Administration premarket review for substances self-determined to be generally recognized as safe, deals a strong blow to nongovernmental organizations' attempts to remedy the GRAS regulatory framework through the judicial system, says Joseph Dages at Steptoe & Johnson.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Compliance Tips For Marketing Health Benefits In Alcohol

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    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

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    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

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