Food & Beverage

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

  • March 23, 2017

    Paul Weiss Guides Oak Hill In $525M Checkers Restaurant Buy

    Middle-market private equity firm Oak Hill Capital Partners said Thursday it has agreed to acquire Checkers Drive-In Restaurants Inc. from PE firm Sentinel Capital Partners in a deal valued at about $525 million and guided by Paul, Weiss, Rifkind, Wharton & Garrison LLP.

  • March 23, 2017

    Purina's Fish Food Killed Bass, Fish Farm Says

    An Illinois fish farm filed a property damage and product liability lawsuit Wednesday against Purina Animal Nutrition LLC, claiming its fish food, marketed as safe for largemouth bass, was actually unsafe and resulted in the substantial loss of the farm’s 360,000 fish population due to liver disease and death.

  • March 23, 2017

    Almond Milk Co. Calls False Ad Suit A Wasteful Attack

    Almond milk maker WhiteWave Foods on Wednesday struck back at a consumer’s allegations that it deceptively markets its products as a healthy alternative to dairy milk, calling the California lawsuit an “attack on the entire plant-based beverage industry” and a waste of time.

  • March 23, 2017

    Judge OK’s Subway’s Record $31M FACTA Settlement

    A Florida federal judge has signed off on the largest settlement in the history of the Fair and Accurate Credit Transactions Act, a nearly $31 million deal between Subway and a class of consumers alleging the sandwich chain unlawfully printed full credit card expiration dates on receipts.

  • March 23, 2017

    S. African Antitrust Watchdog Raids Produce Distributors

    South Africa’s antitrust watchdog said Thursday it has raided nine fresh produce market agents on suspicions of operating a cartel aimed at manipulating the price of fruits and vegetables in the country, in what was the regulator’s first action of that kind in 2017.

  • March 23, 2017

    NYC Celeb Chefs Settle Trademark Beef Over 'Landmark'

    Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has reached a settlement to drop a trademark lawsuit over plans for an eatery named “Landmark” at the nearby site of the old Four Seasons restaurant.

  • March 22, 2017

    Dole, Execs Reach $74M Deal In Federal Shareholder Row

    Dole Food Co., its CEO and general counsel struck a $74 million settlement with a class of investors in a Delaware federal case that had accused them of driving down Dole’s price before a 2013 take-private deal, the second accord for the company and its brass over the transaction.

  • March 22, 2017

    Food Lion Stands By Merger Arguments In Dairy Antitrust Row

    Food Lion LLC asked a Tennessee federal judge Tuesday not to bar it from raising certain arguments surrounding the merger of dairy company Dean Foods Co. and Suiza Foods Corp. at trial on claims of an alleged conspiracy to limit competition for dairy products, saying Dean’s request goes too far.

  • March 22, 2017

    Trader Joe's Wants Tuna Class Suit Canned

    Grocery store chain Trader Joe’s Co. urged a California federal judge Tuesday to dismiss a proposed consumer class action accusing it of underfilling tuna cans, arguing that the consumers’ stated claims are overshadowed by the U.S. Food and Drug Administration’s standard for what a “reasonable consumer” understands about food labeling.

  • March 22, 2017

    USDA Beefs Up Brazilian Meat Inspections Amid Bribery Probe

    The U.S. Department of Agriculture announced on Wednesday that it will put imports of Brazilian beef under increased scrutiny until the South American nation gets to the bottom of a still-developing investigation of a bribery scheme that allegedly led to the sale of expired meat.

  • March 22, 2017

    Walters Jury Hears 'Bat Phone' For Prostitutes, Not Trades

    A defense team seeking to clear gambler Billy Walters of insider trading began a no-holds-barred cross-examination Wednesday of former Dean Foods chair Tom Davis, showing a Manhattan federal jury records of calls the star government witness made to escort services across the country.

  • March 22, 2017

    Arab Bank Seeks $2M From Shipper In Corn-Delivery Row

    The Swiss unit of Arab Bank filed suit in Connecticut federal court Wednesday demanding the “arrest and seizure” of a shipping vessel and $2 million in damages after a botched corn delivery, attempting to obtain “security” while the parties arbitrate in London.

  • March 22, 2017

    Employment Lawyer Fined $7K For 'Female Energy' Remarks

    A California federal judge on Tuesday fined an employment attorney $7,706 for saying that a Reed Smith LLP partner was displaying "female energy" during a deposition, calling the comment unprofessional and suggesting the lawyer undergo sensitivity training.

  • March 22, 2017

    FDA Says 23 Sick In Soy Nut Butter E. Coli Outbreak

    The U.S. Food and Drug Administration said Wednesday that an E. coli outbreak linked to I.M. Healthy soy nut butter has sickened 23 people in nine states, doubling the number of affected consumers from earlier this month.

  • March 22, 2017

    In-N-Out Must Allow 'Fight For $15' Buttons, NLRB Says

    Employees at In-N-Out Burger Inc. can’t be prohibited from wearing union buttons supporting the “Fight for $15” campaign to increase minimum wages, the National Labor Relations Board ruled Tuesday, ordering the fast-food chain to revise its national uniform policy to allow for such insignia.

  • March 22, 2017

    Campbell's Healthy Soup Labeling Suit Gets Tossed

    A California federal judge on Tuesday dismissed a proposed class action against Campbell Soup Co. alleging the soup maker touts its grilled chicken and sausage gumbo as healthy despite its trans fat content, but denied both parties their bids for sanctions.

  • March 22, 2017

    Del Monte Seeks To Halt Pineapple Sales In Contract Dispute

    Food giant Del Monte asked a Florida federal court Tuesday to block a juice company buying pineapples from a former grower, one from which it won a $32 million arbitration award and injunction for breach of a contract prohibiting it from selling the particular strain.

  • March 22, 2017

    DC Circ. Panel Sends Dues-Checkoff Case Back To NLRB

    A D.C. Circuit panel majority on Tuesday sent back to the National Labor Relations Board its decision rejecting a challenge from grocery store employees to the deduction of union dues from their wages, saying if the board wants the same outcome on remand it has to explain how it could be squared with its own precedent.

  • March 22, 2017

    DOJ Settles Immigrant Discrimination Case With Pizza Chain

    The U.S. Department of Justice said Wednesday that it has reached a settlement with a Miami-based pizza restaurant franchisee to resolve claims the company violated federal immigration laws by unlawfully requiring immigrants authorized to work in the U.S. to present certain documents.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Employer Hope Amid Pending Wage And Hour Law Changes

    Daniel A. Krawiec

    While there is presently a sea of confusion and uncertainty swirling around U.S. Department of Labor overtime exemptions, employers can take solace in the fact that a recent decision from a Florida federal court demonstrates potential jurors are able to understand the proper use of exemptions and apply them fairly and to the benefit of employers accused of violating the Fair Labor Standards Act, says Daniel Krawiec of Hinshaw & Culbertson LLP.

  • Regulatory Pathways Emerge For Gene-Edited Products

    Emily Marden

    The U.S. Food and Drug Administration, Department of Agriculture and Environmental Protection Agency have finally indicated how they plan to regulate emerging genetic technologies. Their respective proposals differ in scope and approach, but each one has the potential to significantly influence how gene editing is integrated into product development, say Emily Marden and Deepti Kulkarni of Sidley Austin LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Rebuttal

    Beware Intended Consequences Of Class Action Reform, Too

    2016 DS Formal (ID 644704).jpg

    The authors of a recent Law360 guest column on H.R. 985, a class action reform bill before the House, insist it is needed to protect corporations forced to settle meritless claims. But studies have debunked the myth of class action blackmail. The new bill simply creates obstacles for true victims of corporate fraud, say David Stein and Andre Mura of Gibbs Law Group LLP.