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Food & Beverage
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December 01, 2023
WTO Climate Tools Carry Warning For EU Approach On Steel
A new World Trade Organization report detailing 10 trade policy tools countries can apply to support climate initiatives contains a word of caution related to Europe's position in faltering negotiations with the United States over greening steel production.
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December 01, 2023
PepsiCo Trims But Can't Nix 'Healthy' Gatorade False Ad Suit
A California federal judge has agreed to dismiss a portion of the latest version of a proposed class action accusing PepsiCo of misbranding its Gatorade Fit drinks as "healthy," though the judge again gave the consumer plaintiffs the opportunity to file a new version of the complaint.
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December 01, 2023
Investors Score Class Cert. In $480M Subway 'Exodus' Suit
A New York federal judge has certified a class of investors and provided reasoning for his rejection of a dismissal motion in a suit alleging a restaurant software company used partnerships with Subway stores as an example of its success while knowing its relationship with the fast-food franchise would be ending.
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December 01, 2023
Chicago Atty Pushes Back On 7-Eleven Trademark Suit
The Chicago attorney who runs a small intellectual property law practice called Seven Eleven Law Group made good on her promise this week to fight the trademark infringement allegations that convenience store giant 7-Eleven sued her for last month, rejecting the company's claims that her firm is creating consumer confusion and profiting from 7-Eleven's multinational brand.
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
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December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
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December 01, 2023
Congress Has Chance To Adjust Hemp Policy, Report Says
Congress could consider modifying federal hemp policy by relaxing U.S. Department of Agriculture restrictions that some stakeholders say are "overly restrictive and impractical," according to a recently updated Congressional Research Service report.
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December 01, 2023
Kona Coffee Farmers' Attys Get $3.7M Fees From Settlements
Lawyers representing a class of Hawaiian coffee farmers will get $3.7 million from a settlement fund with major grocery stores and other retailers who allegedly sold knockoff Kona coffee, a federal judge in Washington ruled, calling the attorney fee request fair.
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December 01, 2023
Mich. Couple Can't Shake Town's Illegal Animal Farm Suit
The Michigan Court of Appeals sided with the charter township of Port Huron in its suit over a local married couple's allegedly illegal animal farm, ruling that the married couple couldn't cite the state's Right to Farm Act again to argue that it preempted the charter township's animal farm ordinance.
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December 01, 2023
Whirlpool Injunction Row Raises Circuit Split, Chinese Co. Says
A Chinese company embroiled in a trademark dispute with Whirlpool Corp. over the latter's iconic KitchenAid stand mixers has urged the U.S. Supreme Court to review whether personal jurisdiction is required for preliminary injunctions, saying a Fifth Circuit decision that prohibited it from selling its products "creates a dangerous precedent."
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December 01, 2023
4 Decisions For Which Justice O'Connor Will Be Remembered
Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
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December 01, 2023
Justice O'Connor Shattered Barriers, Built Bridges
A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
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December 01, 2023
Uber, DoorDash, Grubhub Can't Dodge NYC Min. Wage Rule
Uber, Grubhub and DoorDash drivers will start receiving about $18 per hour in New York City after a New York state appellate judge turned down the companies' bids to halt the implementation of a rule imposing the minimum wage.
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December 01, 2023
Kraft, Kellogg Nab $18M In Egg Price-Fixing Damages
An Illinois federal jury said Friday the nation's largest egg producers and two industry groups should pay $17.7 million to Kraft, Kellogg, Nestle and General Mills as damages for conspiring to artificially inflate prices, an award a judge said will "obviously" be trebled.
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December 01, 2023
Sandra Day O'Connor, First Woman On Supreme Court, Dies
Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
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November 30, 2023
Atty Held In Contempt After Several 'Frivolous' False Ad Suits
A New York federal judge on Thursday held a Sheehan and Associates attorney in contempt for filing a "meritless" false advertising lawsuit over the amount of potassium in a Starbucks coffee flavor, saying the case was just one in a string of similarly questionable lawsuits the lawyer had filed.
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November 30, 2023
Petition Watch: NLRB GC Authority, Copyright Atty Fees
Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks you might have missed, including questions over whether the National Labor Relations Board's general counsel is entitled to prosecutorial discretion, the proper standard for determining attorney fees in copyright cases, and how courts should treat the Board of Veterans' Affairs' silence on benefits decisions.
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November 30, 2023
Vidal Revives Food Slicer Patent After PTAB Loss
The Patent Trial and Appeal Board wrongly glanced over evidence before determining most claims of a Provisur Technologies Inc. food slicer patent were invalid, according to U.S. Patent and Trademark Office Director Kathi Vidal.
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November 30, 2023
Smithfield's Lack Of Documentation Dooms H-2B Requests
Smithfield Fresh Meats Corp. was denied temporary foreign workers for dozens of various positions related to meatpacking at three facilities because it provided insufficient documentation to support its claimed short-term needs, an appeals judge ruled in four separate decisions.
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November 30, 2023
Tyson Let 401(k) Plan Get Charged Excessive Fees, Suit Says
Tyson Foods Inc. breached federal benefits law and cost retirees millions of dollars by failing to keep fees paid by its $3.2 billion 401(k) in check, said a proposed class action filed Thursday in Arkansas federal court.
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November 30, 2023
Canadian Sports Drink Co. Gets Ch. 15 OK For US Assets
Two U.S. affiliates of Canadian sports drink and supplement company BioSteel received Chapter 15 recognition from a Houston bankruptcy judge Thursday, paving the way for asset sales.
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November 30, 2023
Feds Pay Fishers $160K In Atty Fees After GPS Rule Loss
The U.S. Department of Commerce has coughed up $160,000 to the New Civil Liberties Alliance in an attorney-fee settlement of a class action challenging a National Marine Fisheries Service final rule requiring 24-hour GPS tracking of recreational charter fishing vessels, following the Fifth Circuit's February decision to set aside the rule.
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November 30, 2023
Pa. Liquor Board Fights Tab For Not Enabling Direct Shipping
Pennsylvania Supreme Court justices pressed the Pennsylvania Liquor Control Board to explain Thursday why it thought itself immune from financial consequences of ignoring orders to permit direct shipping of alcohol, given that state law allows local branches of government or individual government employees to pay damages for not doing their jobs.
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November 30, 2023
US Must Cover Hawaii Fuel Leak Payment, Insurer Says
A Honolulu-based insurer that paid over half a million dollars to a fast food operator that was forced to temporarily shut down after fuel leaks at a Navy facility contaminated the public water supply told a Hawaii federal court that the U.S. is on the hook for those costs.
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November 30, 2023
Bojangles Frees Another Insurer Over Rape Suit Coverage
Bojangles' largest franchise operator has settled with one of its insurers in a coverage dispute over litigation alleging one of the franchisee's employees raped a minor-age worker at a Georgia restaurant location, leaving only one insurer left to fight in the insurance action.
Expert Analysis
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.