Food & Beverage

  • December 15, 2017

    Casino, Union To Settle Unfair Labor Practice Charges

    Las Vegas-based Hard Rock Hotel & Casino has agreed not to interfere with its workers’ rights to join or assist a union as part of a deal with a UNITE HERE affiliate that would settle a matter before the National Labor Relations Board, the union announced Friday.

  • December 15, 2017

    Jimmy John's Managers Can Sue Franchisees, 7th Circ. Says

    The Seventh Circuit reversed a decision Thursday that blocked a number of Jimmy John’s assistant store managers from suing the owners of the sandwich-shop franchises where they work over allegedly unpaid wages while their litigation bringing similar claims against the franchisor proceeds, saying a lower court didn’t have the authority to issue the injunction.

  • December 15, 2017

    17 Pharma And Food Tweets That Left A Mark In 2017

    Twitter brought us some of the smartest and wittiest observations about litigation and policy involving pharmaceuticals and food in 2017. Here, Law360 shares 17 tweets on news that left a lasting mark.

  • December 15, 2017

    Unilever Inks $8B Sale Of Margarine Biz To KKR

    European consumer goods giant Unilever has agreed to sell its margarine and spreads business to KKR & Co. LP for €6.825 billion ($8.03 billion), the companies revealed Friday, bringing an end to months of speculation concerning the Unilever unit.

  • December 15, 2017

    Romaine Lettuce Linked To Deadly Canadian E. Coli Outbreak

    Canadian health officials are investigating an E. coli outbreak linked to romaine lettuce that has caused 12 individuals to be hospitalized and one death across five Canadian provinces.

  • December 15, 2017

    Let Fishing Rights Ruling Stand, Wash. Tribes Tell 9th Circ.

    The Quileute Indian Tribe and Quinault Indian Nation told the Ninth Circuit on Wednesday that it shouldn’t rethink a panel decision backing a lower court’s finding that the federal government gave them the right to hunt whales and seals when it granted both the “right of taking fish” in a treaty signed in 1855. 

  • December 15, 2017

    MVP: Jenner & Block's Dean Panos

    Jenner & Block LLP’s Dean Panos is known for helping food and beverage giants prevail in challenging litigation, and the past year has been no exception, with the partner notching big victories for the likes of Kraft and Mondelez to land among Law360’s 2017 Food & Beverage MVPs.

  • December 15, 2017

    Soupman Goes Into Ch. 7 Liquidation With Judge's Blessing

    The bankruptcy case of soup purveyor The Original Soupman Inc. has nearly run its course now that a Delaware bankruptcy court has converted the case from Chapter 11 to a Chapter 7 liquidation, according to a notice filed on Thursday.

  • December 14, 2017

    Judge Restores $139M In Mexican Tax Credits For Coca-Cola

    The U.S. Tax Court on Thursday rejected the Internal Revenue Service’s decision to deny Coca-Cola nearly $139 million in Mexican foreign tax credits, finding that the beverage giant reasonably interpreted Mexican law when calculating the royalty rate for its subsidiary there.

  • December 14, 2017

    NLRB Says Wholesale Distributor Illegally Fired Workers

    A split National Labor Relations Board has agreed with an administrative law judge that wholesale food and products distributor Bozzuto’s Inc. violated federal labor law by letting go two employees who solicited others to support a union.

  • December 14, 2017

    Loews Fails To Disclose 20% Service Charge, Fla. Diners Say

    Loews Corp. and subsidiary Loews Hotels are violating Florida law by failing to inform customers at hotel restaurants that their bills include a 20 percent service charge, according to a proposed class action filed Wednesday in federal court.

  • December 14, 2017

    English Court Won't Nix Award In Charter Spoilage Fight

    The English Court of Appeal on Wednesday dismissed a challenge to an arbitral award finding that a Singapore shipping company, which had chartered a vessel to transport soya bean meal from South America to Iran, was wholly responsible for €2.7 million in damages caused when it ordered its cargo to be kept onboard for nonpayment.

  • December 14, 2017

    Meat Co. Rupari's Ch. 11 Windup Plan Confirmed In Del.

    One-time leading meat and barbecue distributor Rupari Food Services Inc. secured confirmation of its Chapter 11 plan in Delaware Bankruptcy Court Thursday, acknowledging that its cupboard was mostly bare and unsecured creditors had little prospect of a recovery.

  • December 14, 2017

    Tax Credit Bill For Rural Biz Growth Sent To Ohio Governor

    A $45 million tax credit for insurance companies and financial institutions to invest in “rural and high-growth industry funds” is heading to the desk of Ohio Republican Gov. John Kasich after he vetoed a similar provision earlier this year.

  • December 14, 2017

    Deals Rumor Mill: Snyder's-Lance, EssilorLuxottica, YPF

    Snack giant Snyder's-Lance is mulling a sale after having been approached by Campbell Soup about a potential takeover, a merger creating a $49 billion eyewear giant is expected to be approved by the European Commission, and Argentine energy giant YPF is selling stakes in its electricity generation business.

  • December 14, 2017

    MVP: Irell & Manella's David Schwarz

    Irell & Manella LLP’s David Schwarz has represented California agricultural growers in complex cases that raised constitutional questions this year, including a win at the Ninth Circuit for two of the largest growers in the nation, earning him a spot as one of Law360's 2017 Food & Beverage MVPs.

  • December 13, 2017

    Macaroni Grill Ch. 11 Plan Disclosure OK'd Without Valuation

    The Chapter 11 plan disclosure statement of chain restaurant Macaroni Grill received approval Wednesday from a Delaware judge after she determined it contained enough information for creditors and didn’t need to include a valuation of the debtor.

  • December 13, 2017

    TTAB Won't Register 'Fall Harvest' As Coffee Trademark

    The Trademark Trial and Appeal Board on Monday refused to register “Fall Harvest” as a trademark for coffee, ruling that the name is confusingly similar to a line of “Autumn Harvest Blend” from coffee giant Keurig Green Mountain.

  • December 13, 2017

    A&P Creditors Hit Snapple Maker, Distributor With Clawbacks

    The unsecured creditors of the A&P supermarket chain asked a New York bankruptcy court judge Wednesday to claw back more than $5.6 million from Dr Pepper Snapple Group Inc. and a national distributor, alleging the payments were made too close to the retailer’s bankruptcy filing.

  • December 13, 2017

    WTO Lowers Expectations After Fruitless Meeting In Argentina

    World Trade Organization members wrapped up their biennial summit without agreement on any major issues Wednesday, opting instead to kick the can down the road and focus on smaller agreements in areas like fishing subsidies, e-commerce and investment.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Weighing Wedding Cake Questions At The High Court

    Joel Kurtzberg

    Last week, the U.S. Supreme Court heard oral arguments for Masterpiece Cakeshop v. Colorado Civil Rights Commission. While there are many ways the court could slice this case, it seems likely the vote will be 5-4 with Justice Anthony Kennedy casting the deciding vote, says Joel Kurtzberg of Cahill Gordon & Reindel LLP.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • FDA Menu Labeling Guidance: Latest Step On A Long Road

    Arthur DeCelle.jpg

    Nutrition labeling on chain restaurant menus and vending machines, mandated by the Affordable Care Act, advanced last month with the U.S. Food and Drug Administration's publication of draft guidance on the controversial topic. The FDA continues work toward implementing the law, but each step seems to uncover novel issues, says Arthur DeCelle of McDermott Will & Emery LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.