Food & Beverage

  • March 21, 2018

    Groups Seek Ban On Imports From Mexico To Save Porpoise

    Conservation groups sued the federal government in the U.S. Court of International Trade on Wednesday, calling for a prohibition on seafood imported from Mexico when it's caught in a certain area with an all-encompassing net, saying the world's smallest, most endangered porpoise will be pushed to extinction without such a ban.

  • March 21, 2018

    Campbell Prices $5.3 Billion Offering For Snyder's-Lance Buy

    Campbell Soup Co. has priced a $5.3 billion senior notes offering, with the net proceeds to be used for the financing of the company’s previously announced acquisition of snack maker Snyder’s-Lance Inc.

  • March 21, 2018

    Boston City Hall Trial's Start Axed Over Extortion Definition

    A Massachusetts federal judge on Wednesday canceled the scheduled start of the trial of a pair of Boston City Hall aides accused of pressuring a music festival to hire unneeded union labor as prosecutors indicated they are open to dismissing the case, as long as a judge agrees to preserve their rights to appeal his definition of extortion.

  • March 21, 2018

    Attys In Chipotle OT Suit Want Contempt Finding Stayed

    Attorneys who were held in contempt for filing an overtime pay suit against Chipotle based on a rule a Texas federal judge had blocked asked the judge Tuesday to stay the contempt order while they appeal to the Fifth Circuit.

  • March 21, 2018

    Rival’s Sesame Product Infringes TM, Lebanese Food Co. Says

    A Lebanese food processor slapped a Michigan-based distributor of Middle Eastern foods with a trademark suit in Chicago federal court Tuesday, saying the distributor is selling an "inferior" ground sesame seed product with packaging and a logo that are nearly identical to its own.

  • March 21, 2018

    EU Clears Bayer’s $62B Monsanto Deal After Divestiture Vow

    The European Commission said Wednesday it has conditionally cleared Bayer AG’s planned $62 billion buyout of agrochemical company Monsanto Co., following commitments by Bayer to unload seed, pesticide and agricultural technology assets to BASF SE.

  • March 21, 2018

    Walmart, Other Cos. Can Sell Liquor In Texas, Judge Rules

    A Texas rule barring public corporations from owning liquor stores unconstitutionally discriminates against out-of-state retailers, a Texas federal judge held Tuesday in a ruling that paves the way for Walmart Inc. and other large retailers to begin selling liquor in the state.

  • March 21, 2018

    Enviros Say They'll Sue Feds Over Inaction On Pesticide

    The Center for Biological Diversity sent a notice Tuesday informing two federal agencies that it intended to sue, alleging they aren’t analyzing and moving to limit the impact of a common pesticide despite information that says it likely harms many protected species.

  • March 21, 2018

    NJ Judge Trims Bias Suit By McDonald's Franchisee

    A New Jersey state court judge has trimmed allegations in a McDonald’s restaurant operator’s lawsuit alleging the fast-food corporation is forcing out older franchisees by undermining their expansion opportunities, but ruled that a discrimination claim in the suit can still proceed.

  • March 20, 2018

    DOL's Tip Guidance Protects Workers' Wages, 9th Circ. Told

    Waiters, bartenders and other service workers told the en banc Ninth Circuit on Tuesday that they’re underpaid for tasks that don’t garner tips, saying a three-judge panel erred in favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance on minimum wage exemptions for tipped employees.

  • March 20, 2018

    Tops Markets' Deal With Vendor Wins Bankruptcy Judge's OK

    A New York bankruptcy judge overrode objections from a Teamsters pension fund and approved a settlement between bankrupt regional grocery chain Tops Markets LLC and its chief supplier, saying there was no evidence of insider dealing and that the math was in the insolvent company’s favor.

  • March 20, 2018

    Farm's Crop Claim Puts Arbitrability Before Texas High Court

    Texas Supreme Court justices on Tuesday questioned whether a crop insurance policy’s arbitration provision extends far enough to force arbitration of a farm’s allegation that mistakes by its insurance agent caused the farm to be denied a crop damage claim under the policy.

  • March 20, 2018

    NLRB, McDonald's Joint Employer Deal Hinges On Details

    Objectors to the National Labor Relations Board general counsel's proposed settlement of the yearslong joint employer battle against McDonald’s have criticized the agency for letting the fast-food giant off the hook — and key terms of the deal have yet to emerge — but labor experts say it is likely the board will be able to persuade an administrative law judge to approve the pact because it gives workers full restitution.

  • March 20, 2018

    CFTC Can Use Class Action Transcripts In Kraft Wheat Suit

    An Illinois federal judge said Tuesday he will allow the Commodity Futures Trading Commission to use transcripts from depositions in a proposed investor class action over Kraft Foods’ alleged manipulation of the wheat market in the trial for the regulator’s suit over the same claims.

  • March 20, 2018

    Post Wants Out Of Mashed-Potato Labeling Suit

    Post Holdings Inc. on Monday told a New York court that claiming its prepackaged mashed potatoes are “made with real butter” when they also contain margarine is not sufficient grounds for a putative class action, saying the product is not misrepresented.

  • March 20, 2018

    Griffin Capital REIT Buys Florida Pepsi Facility For $60M

    Griffin Capital Essential Asset REIT Inc. has paid $59.6 million for a distribution property in Florida that's fully leased to a subsidiary of PepsiCo Inc., according to the California real estate investment trust's manager.

  • March 20, 2018

    Tribes Want Expansion Of Wash. Fishing Rights Boundary

    The Quileute tribe and the Quinault Nation on Monday asked a Washington federal judge to revisit his order and establish a more generous western boundary for the tribes' fishing territory, requesting a tweak to a decision in a long-running fishing rights dispute stemming from a treaty signed in 1855.

  • March 20, 2018

    Nodding To WTO Case, Sens. Want Catfish Import Rule Gone

    On the heels of a World Trade Organization dispute launched by the Vietnamese government over the U.S. process for inspecting catfish imports, U.S. Sen. John McCain and a colleague are calling for an end to the controversial program, citing threats to domestic jobs and exports.

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Before his sudden departure Tuesday, Latham & Watkins LLP Chair Bill Voge engaged in a pattern of reckless behavior starting with sexually explicit messages sent to a woman he approached on behalf of a Christian men’s group and culminating in threats to her husband to have her thrown in jail. This story has been updated to include more details.

  • March 19, 2018

    Roche Bros. Not Covered For Snow Removal, Court Says

    Continental Casualty Co. doesn't have to cover Roche Brothers Supermarkets Inc.'s costs to remove snow from the roofs of several Massachusetts stores following record-breaking winter storms in 2015, a state judge ruled Friday, holding that the grocery chain's policy doesn't apply to preventative measures taken to avoid property damage.

Expert Analysis

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Are Orders Denying Class Cert. Appealable In PAGA Cases?

    Felix Shafir

    For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Why Most Slack-Fill Claims Should Fail On The Merits

    Sarah Brew

    Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.

  • Don't Run Afoul Of NCAA Trademarks During March Madness

    Chas Rampenthal

    It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at Inc.

  • Trends In China's Food And Packaging Laws: Part 2

    David Ettinger

    China has recently implemented a number of changes to its food regulatory system. U.S. beef can again be imported to China after a 14-year prohibition. But companies must comply with new standards for food manufacturer certification, food labeling and food packaging, say attorneys with Keller and Heckman LLP.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.

  • Trends In China's Food And Packaging Laws: Part 1

    David Ettinger

    As China says "zai jian" to the Year of the Rooster and "ni hao" to the Year of the Dog, it's a good time to reflect on developments in China's food laws in 2017. Many important food regulations and standards were revised, including rules on health foods, GMOs and infant formula, say attorneys with Keller and Heckman LLP.