Food & Beverage

  • April 21, 2017

    Taxation With Representation: Skadden, Cravath, Simpson

    In this week’s Taxation With Representation, Skadden guides a $6.1 billion deal in the health industry, Cravath heads two transactions each worth $600 million or more, and Simpson Thacher helps PetSmart purchase online pet food retailer Chewy.

  • April 21, 2017

    Reed Smith Client Re-Ups Sanctions Bid After Atty Threatened

    The Chefs’ Warehouse Inc. asked a California federal judge to keep its Reed Smith LLP attorney from having to be in the same room as an employment lawyer who was sanctioned for his conduct during a deposition, saying Friday a new threat has the company’s attorney fearing for her safety.

  • April 21, 2017

    Brand Battles: Prince, Jägermeister, Wisconsin Badgers

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Prince's estate has no "Love" for a nonprofit that's trying to register the name of the late musician's own charitable group, Jägermeister tries to stop another buck, and the University of Wisconsin asks the board to block a "salacious and derogatory" reference to the school's starting quarterback.

  • April 21, 2017

    DOJ Says Deere, Monsanto Can’t Access Expert’s Notes

    The U.S. Department of Justice on Thursday asked an Illinois federal judge to deny Deere & Co. and Monsanto Co.’s request to obtain interview notes from the agency’s expert in a lawsuit seeking to block Deere's acquisition of Monsanto's Precision Planting LLC, calling the attempt “unwarranted.”

  • April 21, 2017

    Facebook Rant Not Enough To Fire Worker, 2nd Circ. Says

    A catering company was wrong to fire an employee for posting a profanity-laced message on Facebook that insulted both a manager and his mother and urged colleagues to vote in favor of unionization, the Second Circuit ruled Friday, but it cautioned that the clearly obscene post lies at the outer limit of acceptability for protected union speech.

  • April 21, 2017

    Vendor Seeks Probation In MillerCoors Marketing Fraud Case

    A fraudulent vendor who pled guilty to her role in an $8.6 million scheme to help a former MillerCoors LLC executive submit phony invoices for nonexistent beer marketing events asked an Illinois federal judge on Friday for a sentence of probation, saying she faces extenuating circumstances.

  • April 21, 2017

    Ship’s Failure Cost $3M In Spoiled Bananas, Chiquita Says

    The owners of a refrigerated ship transporting Chiquita bananas in the Mediterranean are in a bunch after an engine failure caused weekslong shipping delays, spoiling produce on board and costing Chiquita an estimated $3 million, according to a suit filed Thursday in New York district court.

  • April 21, 2017

    Cosi Fights Over $2M In Shareholder Claims In Ch. 11

    Fast-casual restaurant chain Cosi Inc. filed an objection Thursday in Massachusetts bankruptcy court to more than $2.3 million in claims by equity shareholders, while a former executive asked the court to deny the debtor’s assumption of his noncompete agreement.

  • April 21, 2017

    EPA Settles Alaskan Seafood Processor Clean Air Suit

    Westward Seafoods Inc. has agreed to pay $2.4 million in air pollution reduction projects and civil penalties to settle a lawsuit from the federal government and the state of Alaska alleging Clean Air Act violations at its seafood processing plant in Dutch Harbor, Alaska, the federal government announced Thursday.

  • April 20, 2017

    Wis. ‘Artisanal Butter Ban’ Unconstitutional, Ohio Co. Says

    An Ohio-based cheese and butter producer hit the state of Wisconsin with a suit Thursday in federal court, claiming that the state’s law mandating that all butter receive a government-issued grade before it can be sold within its borders is arbitrary, costly, anti-competitive and unconstitutional.

  • April 20, 2017

    McDonald’s Loses Calif. OT Fight, Queuing Up Damages Trial

    A California state judge ruled Thursday that McDonald’s violated state labor law and shorted a class of thousands of workers on overtime through its handling of overnight shifts at its company-run stores, leaving only the matter of damages for next month’s scheduled trial.

  • April 20, 2017

    $31M Confirmation Bid Lacks US Connection, Co. Says

    A U.S. Department of Defense food supplier accused of stiffing a security contractor on a $31 million arbitration award urged a Virginia federal judge Wednesday to toss a confirmation bid it says has no legs in the U.S., where the provisions company has no ties.

  • April 20, 2017

    Tony Roma's Says Licensing Deal Not Part Of Rupari Sale

    Steakhouse chain Tony Roma's objected Thursday in Delaware to proposed bid procedures that would govern a bankruptcy auction for the assets of meat distributor Rupari Food Services Inc., saying a licensing agreement between the two companies was no longer valid and couldn't be included in a stalking horse package.

  • April 20, 2017

    Slaughterhouse Workers Gain Conditional Cert. In FLSA Row

    A Georgia federal judge on Thursday conditionally certified a group of workers at a “fair, sustainable and humane” slaughterhouse, who say they didn’t receive the appropriate amount of overtime pay, in their proposed Fair Labor Standards Act collective action.

  • April 20, 2017

    Judge In Endangered Fish Lawsuit Lifts Hold On Montana Dam

    A Montana federal judge on Wednesday gave the government the go-ahead to build a new dam on the Yellowstone River, which will provide water for farmers but allegedly threaten the well-being of a critically endangered fish, after previously putting the project on pause until it saw a proper environmental review.

  • April 20, 2017

    Hain Celestial Investors Launch $1.4B Stock-Drop Suit

    Hain Celestial shareholders sued the organic food producer's top brass in New York federal court on Wednesday over accounting errors that allegedly inflated the company's earnings, saying the mistakes caused a $1.4 billion loss in market capitalization and spurred a U.S. Securities and Exchange Commission investigation.

  • April 20, 2017

    Almond Milk Class Fires Back At Bid To Dump Suit

    Consumers accusing an almond milk maker of deceptively marketing its products as a healthy alternative to cow’s milk have fired back at the company’s attempt to toss their proposed class  action suit, saying in California federal court Wednesday they have standing to bring the case because their claims are viable.

  • April 20, 2017

    Feds Want 9 Years For Head Of Counterfeit 5-Hour Energy Plot

    A wholesale distribution company owner who pled guilty to running a scheme to sell counterfeit 5-Hour Energy drinks should serve nine years in prison and pay more than half a million dollars in restitution to the drink’s maker, Innovation Ventures LLC, California federal prosecutors said Wednesday.

  • April 20, 2017

    9th Circ. Revives Gerber Baby Food False Ad Suit

    A mother accusing Gerber Products Co. of using misleading labels to tout the quality of its baby food has presented sufficient evidence that the company deceived customers, the Ninth Circuit said Wednesday in reviving the putative class action.

  • April 20, 2017

    Calif. Hospitality Group Hit With Wage-Hour Class Action

    The Southern California hospitality company behind the luxury Shade Hotels and several popular restaurants, including one that was jointly founded with members of rock band Kiss, got smacked Tuesday in county court with a proposed wage-and-overtime class action by a current employee at its steak and seafood eatery Rock'n Fish.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • New Policies Pose Threat To Immigrant Workplace Rights

    Mehreen Rasheed

    While most workplace protections such as minimum wage and anti-discrimination laws apply to all employees regardless of immigration status, these assurances ring hollow to many immigrant workers given the Trump administration’s aggressive rollout of its new immigration enforcement priorities, say Mehreen Rasheed and Debra Katz of Katz Marshall & Banks LLP.

  • Understanding The US Ban On Importing Forced Labor Goods

    Claire Reade

    U.S. law is clear that the United States can block the import of goods made with forced labor, and can bring enforcement actions against importers. President Donald Trump and his team have been outspoken about trade enforcement in general, with China as a particular focus. This may presage a new enforcement trend, say Claire Reade and Samuel Witten of Arnold & Porter Kaye Scholer LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.