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Food & Beverage

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    North Dakota Bill Seeks Framework For Tribal Tax Agreements

    A bipartisan bill has been introduced in the North Dakota Legislature that would create a pathway for American Indian tribes in the state to introduce tobacco, alcohol and state gross receipts taxes for purchases made on reservations.

  • January 16, 2019

    HFF Steers $25.9M Sale Of Pepsi Distribution Center

    Holliday Fenoglio Fowler LP said on Wednesday that it represented a real estate investment trust in the $25.9 million sale of a newly constructed 220,825-square-foot Pepsi Bottling Distribution Center in Richmond, Virginia, to a private equity real estate firm.

  • January 16, 2019

    Dairy Makers Get Tolling Args Tossed From Milk Price Suit

    A Florida federal judge handed a win to Land O'Lakes and other dairy makers in a suit brought by a pair of grocery chains alleging the dairies drove up the price of milk, saying that the statute of limitations should not be paused.

  • January 16, 2019

    Dems Float $15 Federal Minimum Wage

    Congressional Democrats on Wednesday unveiled a plan to raise the federal minimum wage to $15 by 2024 while providing for subsequent increases tied to national wage growth and phasing out subminimum wages for youth and tipped workers and people with disabilities.

  • January 15, 2019

    Brewery Hops On Shutdown Suit Bandwagon Over IPA Label

    Atlas Brew Works LLC hit the federal government with a First Amendment complaint in D.C. federal court Tuesday, challenging a law that requires beer sellers to have their labels approved by the Federal Alcohol Administration, which it hasn't been doing because of the shutdown.

  • January 15, 2019

    EU IP Office Pulls McDonald’s Big Mac TM In Supermac Row

    The European Union Intellectual Property Office has revoked McDonald's International Property Company Ltd.’s EU trademark for the term Big Mac, finding that it was not being put to genuine use, after it was challenged by an Irish fast-food chain called Supermac’s, according to documents filed by the EUIPO Tuesday.

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    Kroger Employees Can't Claim Retaliation In ERISA Suit

    An Illinois federal judge tossed a retaliation claim from Kroger workers' Employee Retirement Income Security Act suit accusing their multiemployer pension plan of wrongly ignoring a proposal that would preserve their benefits, finding that the grocery store workers didn't show that the plan treated them differently after they filed the suit.

  • January 15, 2019

    Drink Co. Wants Bradley Arant DQ'd After Jump To Rival

    A coffee and tea company facing a patent infringement suit over its sweet tea drink told an Alabama federal court its attorneys of nearly a decade at Bradley Arant Boult Cummings LLP dumped the company and entered an appearance for the other side in the case less than an hour later.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Heinz Faces Trademark Suit Over New 'Mayochup' Sauce

    The Kraft Heinz Co. was hit with a trademark lawsuit Monday over its recent launch of a mayonnaise-ketchup spread called "Mayochup," a name that a Louisiana sauce maker says is too much like the "Metchup" he has used for a decade on his similar product.

  • January 14, 2019

    House Ousts Rep. King From Committees Over Race Remarks

    Congressional leaders on Monday condemned Rep. Steve King and stripped him of his seats on the U.S. House of Representatives' Judiciary and Agriculture committees after critics accused the Iowa Republican of making racist comments in an interview with The New York Times.

  • January 14, 2019

    Chobani Defends Sugar Claim, Yet Made Changes To End Suit

    A Chobani executive told a Manhattan federal judge Monday that the company fast-tracked changes to the recipe and packaging of its new drinkable yogurt to try to stop a lawsuit by competitor Dannon, but insisted it didn't mislead shoppers with a label that sparked the suit.

  • January 14, 2019

    Pineapple Farm Blasts Del Monte Fee Award In 11th Circ.

    A Costa Rican pineapple farm urged the Eleventh Circuit on Monday to reverse a ruling ordering it to pay a Monaco-based Del Monte unit’s attorneys’ fees after unsuccessfully challenging a more than $29.3 million arbitration award, saying the lower court erred by imposing the sanctions without jurisdiction and without a finding of bad faith.

  • January 14, 2019

    Doorstep Delivery FLSA Suit Settled After Decertification

    Doorstep Delivery has been able to settle a driver’s Fair Labor Standards Act suit against the food delivery service claiming that he was misclassified as an independent contractor and not properly paid overtime.

  • January 14, 2019

    Romania Says $250M Award Row Must Be Paused

    Romania on Friday again urged a D.C. federal court to pause a lawsuit filed by two Swedish food industry investors to confirm a $250 million arbitral award, arguing that the underlying award against it is invalid and that clarity is needed regarding Romanian insolvency proceedings involving the investors' companies.

  • January 14, 2019

    Calif. Denny's Workers Ask To Send Wage Suit To State Court

    A proposed class of Denny's employees asked a California federal court on Friday to send its wage suit back to state court, arguing that the restaurant company was unable to prove the amount in controversy will likely exceed $5 million, as required by U.S. law.

  • January 14, 2019

    Shell Sues Coke To Recover Costs In Calif. Plant Cleanup Row

    Shell Oil Co. has filed suit against BCI Coca-Cola Bottling Co. of Los Angeles and a variety of other entities seeking to recover cleanup costs related to a site that was once home to a synthetic rubber plant in Torrance, California, saying that others must contribute to costs related to the remediation of soil contamination.

  • January 14, 2019

    Fla. Sports Bar To Face Overtime Suit In Federal Court

    A proposed collective action filed in Florida state court accusing Juana's Latin Sports Bar and Grill of failing to pay its servers the time-and-a-half overtime rate and earned tips was removed to federal court on Friday at the request of the restaurant.

Expert Analysis

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Tip Credits: Methods For Measuring Employee Work Time

    Elizabeth Arnold

    Recent court decisions and regulatory actions indicate that the employee tip credit landscape appears to be in flux. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC examine scientifically based methodologies used to determine how employees spend their time and to identify time spent on “tippable” work.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • How Retailers Can Avoid Discrimination Claims From Clientele

    Edward Harold

    In a country with an increasingly diverse population of consumers, becoming known as a store that treats minority customers poorly is a surefire way to lose business. Retailers need to understand how these claims can come about in order to prevent the underlying issues, says Edward Harold of Fisher & Phillips LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Shutdown's Messy Impact On Consumer Protection Activities

    Alan Wingfield

    As it appears the federal government shutdown could continue for some time, attorneys with Troutman Sanders LLP discuss its effect on the regulatory and litigation docket for consumer-facing companies.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.