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Food & Beverage

  • September 18, 2018

    Monsanto Fights To Get $289M Verdict Tossed Or A New Trial

    Bayer AG-acquired Monsanto asked a California court Tuesday to set aside a $289 million jury verdict for a man who said its Roundup weed killer caused his cancer, arguing there wasn’t enough evidence to support his claims and asking the court for a ruling in its favor or a new trial.

  • September 18, 2018

    9th Circ. Says DOL Owed Deference On Tip Credit Guidance

    The Ninth Circuit gave a green light Tuesday to servers and bartenders suing restaurants including IHOP and P.F. Chang’s for allegedly underpaying them, ruling en banc that courts should defer to Obama-era tip credit guidance from the U.S. Department of Labor and ending a split with the Eighth Circuit.

  • September 18, 2018

    FWS Asks Justices To Uphold Decision To End Otter Program

    The federal government has asked the U.S. Supreme Court not to take a test of the Chevron deference doctrine in a case brought by California commercial fishing groups arguing the U.S. Fish and Wildlife Service went beyond its authority in deciding to shutter an experimental program for threatened sea otters.

  • September 18, 2018

    Dunkin' Donuts Escapes Angus Steak Deception Suit

    A New York federal judge Monday dismissed a putative class action by Dunkin’ Donuts customers alleging that the chain’s Angus steaks are misleadingly advertised because they are ground meat rather than a single cut of meat, finding that television advertisements make that fact clear.

  • September 18, 2018

    CIT Affirms Zero Duties For Chinese Xanthan Gum Producers

    The U.S. Court of International Trade agreed to the U.S. Department of Commerce’s decision to assign a zero dumping rate for Chinese xanthan gum producers, after sending the case back several times to the Commerce Department to reconsider whether it correctly disregarded a Thai company’s financial statements containing untranslated paragraphs.

  • September 18, 2018

    Deals Rumor Mill: GSK, ADC Therapeutics, Haidilao

    GlaxoSmithKline’s health nutrition unit Horlicks has received bids from Coca-Cola, Nestle and Unilever, ADC Therapeutics is considering going public, and Haidilao nabbed almost $1 billion after the Chinese hot pot chain priced its Hong Kong initial public offering

  • September 18, 2018

    Fast-Casual Chain Adds Maternity-Leave Transition Benefit

    Noodles & Company will soon allow management-level female employees to work less before and after giving birth while receiving their full salary, the Colorado-based chain restaurant announced Tuesday.

  • September 18, 2018

    Dunkin' Donuts Wants 'Fake Blueberry' Doughnut Suit Tossed

    Dunkin' Donuts on Monday asked an Illinois federal judge to toss a suit alleging that the chain misled customers about its artificially flavored blueberry doughnuts, saying the customer leading the suit can't prove he overpaid for his sweet treat.

  • September 18, 2018

    Nestlé Atty Enters The Ring As WWE's General Counsel

    World Wrestling Entertainment Inc. on Tuesday appointed a lawyer who has worked for Nestlé Waters North America and PepsiCo as the media company's new general counsel, according to a press release.

  • September 18, 2018

    Postmates Locks In $300M VC Fund Led By Tiger Global

    On-demand delivery service Postmates Inc. said on Tuesday that it raised $300 million led by hedge fund and private equity fund manager Tiger Global Management LLC as the company gears up to increase its coverage to more than 70 percent of the U.S. before the end of the year.

  • September 18, 2018

    Butterball Says Insurer Blatantly Forum-Shopped In $4M Suit

    Turkey giant Butterball LLC came out swinging Monday in a coverage fight with insurer Great American over $4.2 million in pollution cleanup at a Missouri site, saying the insurer sped to sue in North Carolina federal court to avoid the “hell hole” of Missouri courts, where Butterball would rather litigate.

  • September 18, 2018

    Investor Wants Pomerantz, Holzer To Lead Stock-Drop Suit

    An investor claiming National Beverage Corp. misrepresented its financial situation and ethics, causing its stock price to tumble when a U.S. Securities and Exchange Commission investigation and harassment allegations against its top executive came to light, has asked a Florida federal court to appoint Pomerantz LLP and Holzer & Holzer LLC as co-lead counsel.

  • September 18, 2018

    Beijing Tees Up New Duties After Trump's $200B Strike

    The mounting trade imbroglio between the U.S. and China continued to intensify Tuesday as Beijing plowed ahead with new duties on $60 billion in U.S. goods, a day after President Donald Trump whacked $200 billion worth of Chinese goods with tariffs of his own.

  • September 18, 2018

    McDonald's Workers Protest Seyfarth Hire For Abuse Policy

    McDonald's workers in 10 cities called on the company to sever its relationship with management-side law firm Seyfarth Shaw LLP's compliance and consulting arm as they walked off the job on Tuesday as part of an anti-sexual harassment protest organized by wage advocacy group Fight for $15.

  • September 18, 2018

    Former US Secretaries Back IFC Immunity In High Court Case

    Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suits, arguing that multilateral development banks are fundamentally different from sovereign states.

  • September 17, 2018

    Hershey Creamery Says Liberty Contract Covers IP Fight

    Hershey Creamery Co. asked a Pennsylvania federal judge on Friday to find that a pair of Liberty Mutual companies are contractually obligated to cover the ice cream maker in a trademark dispute with a competitor over slogan infringement claims.

  • September 17, 2018

    Rakoff Hits Cocoa Trader With 2.5 Years For $350M Fraud

    A former executive of bankrupt Transmar Commodity Group Ltd. on Monday was sentenced to two and a half years in prison by U.S. District Judge Jed Rakoff for a “massive” $350 million asset fraud at the family-run cocoa commodity trading company.

  • September 17, 2018

    Claim Juror Fears Led To Bias Can't Undo Playboy TM Win

    An Illinois appellate court on Friday upheld a $6.6 million verdict that saw trebled damages for Playboy Enterprises International Inc. after a trial over a licensing dispute between the brand and an energy drink maker, saying the lower court didn’t need to flesh out jurors’ fear of certain men in the courtroom to ensure an untainted decision would be reached.

  • September 17, 2018

    EEOC Accuses Taco Chain Of Gender Bias, Sex Harassment

    The U.S. Equal Employment Opportunity Commission sued Del Taco LLC in California federal court on Monday, claiming the fast food restaurant chain discriminated against a putative class of its female employees and subjected them to sexual harassment.

  • September 17, 2018

    Martha's Vineyard Golf Club Exempt From OT Pay, Judge Says

    A Massachusetts federal judge on Monday ruled that a tony Martha's Vineyard golf club that has welcomed such luminaries as President Barack Obama and NBA star Steph Curry doesn’t have to pay overtime to employees because it’s a seasonal, recreational establishment.

Expert Analysis

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Brewing Ethical Behavior At AB InBev

    John Blood

    When Anheuser-Busch InBev combined with SABMiller two years ago, our legal teams were faced with the enormous task of integrating two complex compliance systems, and we explored data aggregation and analytics to manage the process. Today, our compliance team includes data engineers in its ranks, says John Blood, general counsel of AB InBev.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Corona Owner's Investment A Turning Point For Cannabis

    Stephen Lenn

    Corona parent company Constellation Brands recently announced a $3.9 billion investment in Canadian cannabis company Canopy Growth. Developments and reactions since support the conclusion that it is almost certain to vastly expand available sources and amounts of capital in the cannabis industry, says Stephen Lenn of Greenspoon Marder LLP.

  • To Stay Or Not To Stay: Considering The '5-Year Rule'

    Karin Bohmholdt

    In Martinez v. Landry Restaurants, a California state appeals court recently held that the time period during which a federal appeal from an order remanding a case to state court is pending should be included when calculating the “five-year rule” for bringing a case to trial. This shows that all counsel should consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries, says Karin Bohmholdt of Greenberg Traurig LLP.

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.