Food & Beverage

  • February 17, 2017

    Revamped Card Security On Buffet's Menu To End AG Probe

    A Chinese restaurant in Vermont has agreed to pay $30,000 and improve its credit card security practices to resolve the state attorney general's claims that an employee stole card numbers in 2014 and compromised at least 100 customers' personal data, the regulator said Thursday.

  • February 17, 2017

    Cosi Allowed To Continue Using Cash Collateral In Ch. 11

    A Massachusetts bankruptcy judge on Friday entered an order giving fast-casual restaurant chain Cosi Inc. permission to use cash collateral in its Chapter 11 bankruptcy case for another two months, ruling that spending the cash is in the best interest of Cosi’s estate.

  • February 17, 2017

    Kuwaiti Cos. Can't Exit FCA Suit Over Service Process

    A George federal judge on Friday declined for the time being to dismiss a False Claims Act suit brought against Kuwaiti companies contracted to feed U.S. armed forces in the Middle East, saying they have been sufficiently served.

  • February 17, 2017

    Plaintiff's Lawyer Fights Reed Smith Atty's Sanctions Bid

    An employment attorney who allegedly said that a Reed Smith LLP partner was displaying "female energy" during a deposition pushed back against a bid to sanction him for his remarks, telling a California federal court Thursday there has been hostility throughout the underlying wage-and-hour suit from counsel on both sides. 

  • February 17, 2017

    Brand Battles: NCAA Swats Big Ten Over 'March Madness'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the NCAA targets one of its own top conferences over its "March Madness" mark, Monster Energy takes on Cornell University over the name of a newly developed apple, and Google faces a fight to register a so-called motion mark.

  • February 17, 2017

    Court Nixes Construction Worker’s Restaurant Injury Benefits

    A Pennsylvania appeals court on Friday slapped down a state Workers’ Compensation Appeal Board finding that a construction worker was eligible for benefits for an injury that occurred while he was doing work for a new restaurant.

  • February 17, 2017

    Commerce Denied 'Free Rein' On Chinese Import Duty Math

    The U.S. Department of Commerce was sent packing for a third time Friday with a U.S. Court of International Trade judge finding that the latest justification for using a preferred comparator for an anti-dumping investigation into Chinese xantham gum imports would grant the agency impermissible “free rein” in its analysis.

  • February 17, 2017

    Applebee's Franchisee Tries Again To Escape Arbitration Suit

    An Applebee's franchisee has again asked a Florida federal court to throw out a case brought against it by the U.S. Equal Employment Opportunity Commission, saying Thursday the arbitration agreement it has required employees to sign does not restrict their rights to pursue discrimination claims.

  • February 17, 2017

    Blind Man Cleared To Pursue Bias Suit Against McDonald's

    A blind man can move forward with his putative class suit against McDonald’s Corp. that accuses the hamburger chain of violating the Americans with Disabilities Act by limiting its late-night services to drive-thru windows that blind individuals cannot access, an Illinois federal judge has ruled.

  • February 17, 2017

    Unilever Blasts $143B Kraft Heinz Buyout Offer As Too Low

    London-listed Unilever spurned a $143 billion takeover approach from The Kraft Heinz Co., contending that the private equity-backed U.S. food and beverage company’s cash-and-stock offer to combine the two well-known household brands “fundamentally undervalues” the company, according to a statement on Friday.

  • February 16, 2017

    Jury Finds Chinese Scientist Guilty In Stolen Seeds Plot

    A Kansas federal jury on Thursday found a Chinese agricultural scientist guilty of three charges related to a conspiracy to steal cutting-edge rice seeds from a biopharmaceutical research facility in order to send them back to his native country.

  • February 16, 2017

    Cos. In Labeling Suit Say Buyers Know Cane Juice Is Sugar

    Two health food companies told a California federal judge at a hearing Thursday that putative classes of consumers couldn’t say they were misled by labels saying products contained "evaporated cane juice," arguing if the consumers were as health conscious as they allege in their complaint, they would have known the ingredient was sugar.

  • February 16, 2017

    Keurig Gets Vt. Securities Suit Over $14B Merger Tossed

    A Vermont federal judge on Thursday tossed a proposed class action alleging that Keurig Green Mountain Inc. misled shareholders ahead of its $13.9 billion merger with a private equity firm, saying the company didn't need to tell investors about every alternative outcome.

  • February 16, 2017

    Investors Can't Revise Distribution For $15M Farm Loan Scam

    An Indiana federal judge on Thursday backed a receiver’s plan to distribute recovered funds to investors allegedly misled about an asset manager’s use of $15 million in farm loans, denying a group’s plan to split the investors into different tiers for recovery.

  • February 16, 2017

    Missouri AG Lays Egg Law Appeal In Supreme Court

    Missouri Attorney General Josh Hawley said Thursday he has appealed to the U.S. Supreme Court to pluck off a California law that prohibits the sale of eggs from chickens living in conditions that don’t meet the Golden State's strict regulations.

  • February 16, 2017

    Real Estate Rumors: Hampshire, Western Beef, Mount Sinai

    Hampshire Properties has reportedly scored $70 million in financing for a Brooklyn rental project, a Western Beef affiliate is said to have sold a Florida grocery store for $11.7 million, and Mount Sinai Health System has reportedly leased 26,100 square feet in New York from Empire State Realty.

  • February 16, 2017

    Kraft Wants Class Cert. Stripped In Colored-Cheese Dispute

    Kraft Foods Group Inc. urged a California federal judge Wednesday to decertify a class of cheese purchasers accusing the company of falsely advertising artificially colored fat-free cheddar cheese as "natural," saying it's become clear the matter can’t be tried on a class basis.

  • February 16, 2017

    Calif. Brewery Can Register Neighborhood Name, TTAB Says

    The Trademark Trial and Appeal Board ruled Tuesday that a craft brewer called Oak Park Brewing Co. could register its logo as a trademark, saying the “Oak Park” neighborhood of Sacramento, California, was too obscure a location to warrant a refusal.

  • February 16, 2017

    Vendor Pleads Guilty In Scheme To Bilk MillerCoors

    A vendor accused by the U.S. government of helping a former MillerCoors executive defraud the beer maker through invoices for fake marketing events has pled guilty to mail fraud and faces up to 20 years in prison, according to a plea agreement filed in Illinois federal court Wednesday.

  • February 16, 2017

    UK Regulator To Investigate Heineken's $380M Pubs Buy

    The U.K. antitrust regulator on Thursday said it is opening an investigation into Heineken NV’s plan to drop £305 million ($380 million) to purchase roughly 1,900 pubs owned by Punch Taverns in the country to assess the transaction's effects on competition.

Expert Analysis

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • My Strangest Day In Court: When My Expert Had A Meltdown

    Esther Holm

    As I was going through one of the plaintiff’s claims — post-traumatic stress disorder — with my expert witness, the good doctor could not even recall the elements of the disorder! Then, suddenly, he pointed his finger at a young juror, remembers Esther Holm of Lewis Brisbois Bisgaard & Smith LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Rebuttal

    Patent Venue Needs Overhaul

    Brian E. Ferguson

    According to a recent Law360 Expert Analysis article, the U.S. Supreme Court's TC Heartland decision boils down to determining “who gets the home court advantage — patentees or infringers.” That characterization is not only wrong, it also is representative of the substantial problem of abusive use of patent litigation, say Brian Ferguson and Anish Desai of Weil Gotshal & Manges LLP.

  • Series

    10 Years Of MedImmune: What Trademark Owners Learned

    James E. Griffith

    Despite initial worries from practitioners, the U.S. Supreme Court's decision 10 years ago in MedImmune has provided greater predictability as to the circumstances that will warrant declaratory judgment jurisdiction, allowing trademark owners to make informed decisions about their enforcement strategies, say James Griffith and Michelle Bolos of Marshall Gerstein & Borun LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.