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Food & Beverage

  • June 15, 2018

    New NLRB Memos Touch On Solo Strikes, Facebook Posts

    The National Labor Relations Board's general counsel released a handful of advice memorandums Thursday, with one finding a Papa John's worker was illegally fired after her solo strike to support the "Fight for $15" campaign and another determining a nursing home worker was properly fired for not reporting suspected patient abuse after complaining about it on Facebook.

  • June 15, 2018

    GAO Sustains Protest Over $70M Military Food Contract

    The U.S. Government Accountability Office has sustained a protest from a food services company alleging the U.S. Defense Logistics Agency lacked transparency in awarding a $69.8 million contract that covers military food services in allied Asian countries, according to a June 4 opinion unsealed Friday.

  • June 15, 2018

    Commerce Partially Drops Review Of Chinese Garlic Shippers

    The U.S. Department of Commerce on Friday partially turned down a group of domestic garlic farmers’ request for review of anti-dumping duties on fresh garlic imported from China, standing by an earlier decision to rescind a review for several Chinese garlic exporters.

  • June 15, 2018

    Conspiracy For One, Liability For None In Egg Antitrust MDL

    A Pennsylvania federal jury cleared three egg producers in multidistrict litigation alleging they conspired to fix egg prices, finding that only one of the three participated in an antitrust conspiracy and that there was no liability for that participation because it wasn’t an unreasonable restraint of trade.

  • June 15, 2018

    Feds Sue Chicago Wholesale Co. Over Mislabeled Meat

    The federal government slapped a Chicago wholesale meat distributor with a lawsuit Thursday over claims it sold beef and chicken with labels that omitted legally required information despite repeated warnings from the U.S. Department of Agriculture.

  • June 15, 2018

    Nestle, Hershey Can't Nix Child-Labor Warning Row: Buyers

    A group of consumers asked a Massachusetts federal judge to reject Nestle's and Hershey's bids to dismiss a pair of class actions claiming they deceive customers by not disclosing their products come from West African areas known for using forced child labor, arguing their case is well pled.

  • June 15, 2018

    Brand Battles: VH1 Spars With 'Behind The Music' Narrator

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Viacom and VH1 try to stop the narrator of "Behind The Music" from registering his own "Behind The ..." mark, an Oregon brewer continues its battle for exclusive rights to "Session" beer, and Starbucks takes aim at an Australian coffee chain over its circular logo.

  • June 14, 2018

    Pepsi, Gatorade Slogan Deemed Fair Use In Trademark Row

    An Illinois federal judge on Thursday handed PepsiCo Inc. a quick win in a trademark suit brought by sports nutrition consulting firm SportFuel Inc., saying that Gatorade Co.'s slogan "Gatorade The Sports Fuel Company" is clearly fair use.

  • June 14, 2018

    EPA To Move Forward With New Pesticide Training Protocol

    The U.S. Environmental Protection Agency will officially announce the availability of expanded pesticide safety training materials in the Federal Register, ending its postponement of an Obama-era rule that required certain employers to provide updated training, the New York Attorney General’s Office announced Thursday.

  • June 14, 2018

    USDA To Propose Opening Ecuadorean Avocado Imports

    The U.S. Department of Agriculture on Friday will propose to amend the fruits and vegetables regulations to allow avocado imports from Ecuador after determining that the country’s avocados are not likely to host fruit flies.

  • June 14, 2018

    EEOC Launches 7 Harassment Suits As Task Force Meets

    The U.S. Equal Employment Opportunity Commission unleashed a wave of seven lawsuits this week accusing a national trucking company, a restaurant franchisee and others of allegedly looking the other way while employees were being sexually harassed, suits that coincided with the agency reconvening its harassment task force. 

  • June 14, 2018

    General Mills Trans Fat Ruling Deferred For 9th Circ. Decision

    A California federal judge deferred a ruling on General Mills' bid to dismiss a proposed class action, which alleges its baking mixes are unsafe because they use partially hydrogenated oils containing trans fat, pending a Ninth Circuit decision in a similar case involving Kroger.

  • June 14, 2018

    Chipotle Beats Customer’s Bacterial Infection Suit

    A Louisiana federal judge on Thursday tossed a customer's suit alleging he was infected with bacteria because he ate food from Chipotle, ruling that he failed to provide enough facts to prove his claim.

  • June 14, 2018

    6th Circ. Upholds Bourbon Co.'s Win In Distillery IP Row

    In a published opinion Thursday, the Sixth Circuit affirmed bourbon company Peristyle LLC's win in a suit by Sazerac Brands LLC over the alleged infringement of Sazerac's trademark rights to "Colonel E.H. Taylor," a reference to a historic bourbon figure who built a distillery now owned and operated by Peristyle.

  • June 13, 2018

    Dr Pepper Fights Class Cert. Bid In Ginger Ale False Ad Row

    Dr Pepper Snapple Group Inc. urged a California federal judge Wednesday to deny certification to a putative class of Canada Dry ginger ale purchasers, arguing there’s no common claim that its “Made from Real Ginger” label is misleading because consumers don’t agree on what that statement should mean.

  • June 13, 2018

    Enviros Sue Over Ore. Logging They Say Hurts Coho Salmon

    A coalition of environmental and fishing groups filed suit on Wednesday in Oregon federal court against Oregon Department of Forestry officials, accusing them of harming the protected coho salmon by allowing logging and road building in two state forests in violation of the Endangered Species Act.

  • June 13, 2018

    Fla. Jury Awards Deaf Costco Worker $775K In Disability Row

    A Florida federal jury has issued a $775,000 verdict against Costco for not providing adequate accommodations to a deaf employee, but found that the retailer didn’t discriminate or retaliate against the worker based on her disability when it fired her.

  • June 13, 2018

    Burger King Franchisee Sold To New PE Firm In Utah

    A new private equity firm headquartered in Salt Lake City said Wednesday it has launched its business by buying a controlling stake in Meridian Restaurants Unlimited, a 126-store franchisee that manages eateries for the Burger King, El Pollo Loco and Chili’s chains.

  • June 13, 2018

    Seafood Co.’s Faulty Ship Endangered Alaska Bay, Feds Say

    The owner of a damaged ship full of fuel, oily wastewater and 130,000 pounds of contaminated fish got slapped with an environmental lawsuit Wednesday in Alaska federal court, with the U.S. government claiming the fish processor illegally risked discharging pollutants in Captain’s Bay in the Aleutian Islands.

  • June 13, 2018

    Consumer Group Can't Revive Calif. Organic Formula Suit

    A California appeals court upheld the dismissal of the Organic Consumers Association’s suit alleging Jessica Alba’s The Honest Co. Inc. misrepresents that its baby formula is organic, reiterating that the state-law claim is preempted by the formula’s federal organic certification.

Expert Analysis

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • Roundup

    Masterpiece Cakeshop: 3 Expert Perspectives

    Masterpiece Cakeshop

    In this recap of the U.S. Supreme Court's recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, experts offer insight on various aspects of one of the term's most highly anticipated decisions.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • High Court Passes On New Chance To Clarify CWA Confusion

    Andrea Driggs

    With its recent decision in Hughes v. United States, the U.S. Supreme Court has passed on an opportunity to shed light on its prior rulings on the statutory reach of the federal Clean Water Act, long a source of confusion for lower courts and litigants alike, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Series

    Masterpiece Cakeshop: What Did The Baker Win?

    Andrew Koppelman

    The U.S. Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission granted victory to the cake shop owner, but on such narrow grounds that it won’t protect other religious dissenters from anti-discrimination laws. And it’s not generally understood how minuscule the victory is, says Andrew Koppelman, professor of law and political science at Northwestern University.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Ambush Marketing — Will It Kick Off At 2018 World Cup?

    pearl.jpeg

    With the World Cup about to hit our screens, the temptation for some businesses that lack the badge of "official sponsor" to promote their global brand will be great. But, however tempting, the stakes for those so-called ambush marketers are high, say attorneys with Bryan Cave Leighton Paisner LLP.