Food & Beverage

  • August 23, 2024

    Class Wants $2.1M In Fees In Home Depot Hose Fight

    A class suing Home Depot Corp. and Reliance Worldwide Corp. asked a Georgia federal judge to award them $2.1 million in attorney fees, more than $160,000 in expenses and $35,000 for class representative service awards in connection with a settlement that was preliminarily approved in March.

  • August 23, 2024

    5th Circ. Strikes Down DOL Tip Rule

    The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.

  • August 23, 2024

    Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash

    The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 23, 2024

    Grocery Chain Wants 'Scandalous' Claims Out Of Allergy Suit

    The estate of a professional dancer who died after eating a mislabeled cookie that contained peanuts should revise its Connecticut state court complaint against a grocery chain and several of its employees to remove "scandalous" and "immaterial" allegations, the defendants said in a new filing.

  • August 22, 2024

    Split 6th Circ. Reopens Coca-Cola Bottling Race Bias Case

    A split Sixth Circuit panel Thursday revived a lawsuit filed against a Coca-Cola bottling company by an employee who failed a drug test, finding a genuine dispute exists over whether the man voluntarily waived his rights to sue for racial discrimination and retaliation when he signed a "last chance" agreement.

  • August 22, 2024

    Subway Franchisor Can't Strike 19 Words From Ruling

    A New York federal judge denied a bid Thursday by the Subway sandwich chain's Canadian franchisor to amend his order granting a development company's petition to enforce an arbitral award, refusing to strike 19 words from his opinion.

  • August 22, 2024

    Popular Mich. Sushi Bar Sues Hacker Who Deleted Instagram

    A popular Michigan sushi restaurant is hoping a federal lawsuit will help it track down and hold accountable the person who hacked into and deleted its Instagram account, the loss of which the company said cost it thousands of dollars and harmed its reputation.

  • August 22, 2024

    Hormel, Meat Plants To Settle Wage-Fixing Claims For $13.5M

    Hormel Foods Corp. and two meat processing plants have agreed to a $13.5 million settlement in a Colorado wage-fixing suit, joining a host of companies that have reached deals to end claims that they colluded to depress wages.

  • August 22, 2024

    Ill. Exempts Certain Home-Delivered Meals From Taxes

    Purchases of certain home-delivered meals for older and lower-income residents are exempt from an array of state taxes, the Illinois Department of Revenue said.

  • August 22, 2024

    Farmers Seek Rehearing For Mich. Justices' Permit Ruling

    Farm groups are asking the Michigan Supreme Court to reconsider a split opinion upholding general permit conditions state regulators enacted for concentrated animal feeding operations, arguing the majority's opinion is built upon "crucial factual and legal errors."

  • August 22, 2024

    Big Deals Boost M&A Values As Transaction Numbers Dip

    Large global deals and mega-mergers continued to boost global mergers and acquisitions values through the first half of 2024, compensating for record lows in the total number of deals announced, according to a recent report from S&P Global Intelligence.

  • August 22, 2024

    Kroger-Albertsons Wrong On Labor Law In FTC Row: NLRB

    The National Labor Relations Board used an amicus brief Wednesday to call out Kroger and Albertsons for their "mistaken" citation to labor law as a defense against Federal Trade Commission claims that the grocery giants' $25 billion megamerger threatens union bargaining leverage.

  • August 22, 2024

    Missouri Gov. Clashes With Secretary Of State Over Hemp Ban

    Missouri Gov. Mike Parson on Thursday blasted the state's secretary of state for declining to implement an emergency rulemaking that would have banned psychoactive consumable cannabis products manufactured outside the state's regulated adult-use marijuana market.

  • August 22, 2024

    Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team

    Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.

  • August 22, 2024

    Mich. Says Justices' Minimum Wage Ruling Lacks Detail

    The state of Michigan is seeking clarification from its high court on how to calculate the new minimum wage, saying there were several possible interpretations of the court's recent directive to account for inflation in the wage floor. 

  • August 21, 2024

    Fed. Circ. Won't Rethink IP Safe Harbor Case

    The Federal Circuit on Wednesday declined to review its decision affirming the dismissal of Edwards Lifesciences' infringement suit against Meril Life Sciences after Edwards urged the full court to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development.

  • August 21, 2024

    FTC Fails 1st Test Of Rulemaking Push In Noncompetes Loss

    The Federal Trade Commission suffered its first definitive loss Tuesday in the push to ban employment noncompete agreements, although the decision probably isn't the final word given a likely appeal and two other pending challenges also viewed as a test of the agency's efforts to expand its rulemaking footprint.

  • August 21, 2024

    Full 3rd Circ. Won't Hear Distillery Investor's RICO Case

    An investor in a Pennsylvania craft distillery who accused his former business partner and a bevy of associates of racketeering, fraud and trade secret violations has failed to persuade a Third Circuit panel or the full court to take another look at his arguments about reviving the dismissed case.

  • August 21, 2024

    Insurers Escape Calif. Starbucks Drive-Thru Easement Row

    A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.

  • August 21, 2024

    NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight

    The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.

  • August 21, 2024

    Zomato Inks $244M Deal For Paytm Entertainment Tickets Biz

    Indian food delivery giant Zomato on Wednesday announced it has bought the entertainment ticketing business of e-commerce payment company Paytm in a $244.1 million deal it hopes will grow its "going out" offerings.

  • August 21, 2024

    Commerce Finalizes High Duties On Chinese Wine Bottles

    The U.S. Department of Commerce finalized duties exceeding 212% on Chinese glass wine bottle manufacturers determined to have received subsidies from Beijing that provided an unfair advantage in the U.S.

  • August 20, 2024

    Disney Made Right Move Dropping Arbitration Bid, Attys Say

    Disney agreed Tuesday to drop its attempt to use a Disney+ app agreement to arbitrate claims over a woman's food allergy death at a Walt Disney World restaurant, a move that attorneys say quells what was turning into a public relations disaster and preserves the validity of the arbitration agreement in other cases.

  • August 20, 2024

    Fireball Maker Fights Class Cert. In Malt Labeling Suit

    The makers of Fireball have urged a California federal judge not to grant class certification to buyers who claim the single-serving Fireball malt beverages mislead consumers into thinking they're buying Fireball's Cinnamon Whisky product, saying their experts' proposed surveys don't show wide-ranging deception.

  • August 20, 2024

    Trade Judge Says Ban On Chocolate Mix Was Flouted

    The U.S. International Trade Commission found that four grocers violated a ban on selling an imported chocolate malt drink mix that infringed a New Jersey supplier's Bournvita mark, according to an announcement from the agency.

Expert Analysis

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

    Author Photo

    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Momofuku Chili War May Chill Common Phrase TM Apps

    Author Photo

    Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.

  • What The NYSE Proposed Delisting Rule Could Mean For Cos.

    Author Photo

    The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.

  • Trademark In Artistic Works 1 Year After Jack Daniel's

    Author Photo

    In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.

  • Series

    Fishing Makes Me A Better Lawyer

    Author Photo

    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

    Author Photo

    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • Calif. Web Tracking Cases Show Courts' Indecision Over CIPA

    Author Photo

    Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

    Author Photo

    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

    Author Photo

    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • 'Food As Health' Serves Up Fresh Legal Considerations

    Author Photo

    The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

    Author Photo

    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

    Author Photo

    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

    Author Photo

    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

    Author Photo

    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Food & Beverage archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!