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Food & Beverage
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March 26, 2024
Ill. Judge Needs More Info To OK $57M Chicken Antitrust Fee
An Illinois federal judge overseeing a sprawling antitrust litigation against broiler chicken producers said he couldn't rule on class counsel's renewed bid for a $57 million attorney fee award thrown out by the Seventh Circuit last year without more information on one of the firm's graduated fee arrangements in a similar 2015 antitrust case, which wasn't disclosed in the first go-around.
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March 26, 2024
K&L Gates Consumer Products Chair Joins Venable In LA
Venable LLP said Monday that the co-chair of K&L Gates LLP's commercial litigation practice and chair of its consumer products and beauty and wellness practice groups has joined the firm's Los Angeles office as a partner.
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March 26, 2024
Fishery Says Request For DOL Cooperators' Names Is Fair
The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.
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March 26, 2024
2nd Circ. Revives Gender Bias Case Against Grocery Chain
A district court applied too harsh a standard when it dismissed a fired manager's sex bias suit against a supermarket chain, the Second Circuit said Tuesday, in a ruling that sought to "demystify" the test for assessing whether some discrimination claims can move to trial.
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March 25, 2024
Merchants Hit AmEx With Antitrust Claims Over Its Fee Rules
American Express faces a proposed merchant class action alleging it violated federal antitrust law by barring businesses from taking certain measures to keep their credit card swipe costs down.
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March 25, 2024
NOAA Allots $60M To Help Columbia River Salmon
The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.
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March 25, 2024
Kroger Says Sweetened Merger Deal Will Sink Antitrust Doubts
Kroger told a Colorado state judge Monday that it plans to "enhance" its $24.6 billion Albertson's merger to satisfy federal and state regulators, a plan it did not yet describe in detail and that Colorado said it has not seen.
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March 25, 2024
InBev's Modelo Loses 2nd Circ. Appeal In Hard Seltzer Fight
The Second Circuit said Monday that a licensing agreement between Anheuser-Busch InBev SA and Constellation Brands was ambiguous about whether hard seltzers are beer, affirming a New York federal judge's order to let jurors decide the question at a trial where Constellation Brands prevailed against claims of trademark infringement.
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March 25, 2024
Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony
Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.
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March 25, 2024
TreeHouse Shareholders Get New Chance To Sue Execs
An Illinois appellate panel reversed a Cook County judge Friday and revived a derivative lawsuit demanding that TreeHouse Foods sue three individual executives the shareholders claim materially misled them by falsely stating that two newly acquired companies were being successfully integrated into the food company's operations.
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March 25, 2024
Cannabis Bill Roundup: NY Targets Illicit Pot Sellers
New York lawmakers introduced legislation to punish unlicensed cannabis sellers, Hawaii legislators made modifications to a proposal to legalize recreational marijuana, and a Connecticut bill targeting synthetic cannabinoids was referred to a legislative research office. Here are the major moves in cannabis legislation from the past week.
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March 25, 2024
Farmers, Attys Say USDA Bias Payouts Can't Snub Fee Deals
A pair of law firms from Ohio and Florida and their farmer clients have asked a federal judge to block the U.S. Department of Agriculture from paying out $2.2 billion in assistance directly to minority farmers it discriminated against, claiming the government disregarded contingent-fee agreements between the firms and the farmers.
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March 22, 2024
Edible Arrangements' Prior Deal Forecloses IP Row With Rival
A Georgia federal judge ended Edible Arrangements' trademark suit accusing 1-800-Flowers.com of bidding on and buying keywords related to Edible's products for search engine advertisements, finding the parties' prior settlement releasing 1-800-Flowers from similar conduct challenged by Edible in Connecticut federal court years ago barred its current action.
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March 22, 2024
Jones Soda Says Partner Contaminated 'Off-Flavor' Drinks
A contractor breached a beverage production deal with Seattle's Jones Soda Co. by canning a batch of lemon-coconut drinks that were unfit to sell because of "an indisputable off-flavor," according to a complaint filed by the soda company in Washington federal court.
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March 22, 2024
EU Pushes For Steep Tariffs On Russian And Belarusian Grain
The European Commission said Friday that it's working to constrain Russia's ability to fund its war against Ukraine by increasing tariffs on cereal, oil seed and grain product imports from Russia and its Union State partner, Belarus.
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March 22, 2024
Commerce Lifts Block On Transnational Subsidy Probes
The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.
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March 22, 2024
Top Dutch Court Blocks Russia's Last Bid For Vodka TMs
Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.
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March 22, 2024
Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules
Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.
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March 21, 2024
Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases
An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.
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March 21, 2024
UN Cautiously Optimistic For Trade 'Rebound' This Year
Global trade in both goods and services was up in the first quarter of 2024, the United Nations Conference on Trade and Development reported Thursday, forecasting a "rebound" this year after a difficult 2023.
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March 21, 2024
AGs Urge Congress To Address Hemp Intoxicants In Farm Bill
A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.
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March 21, 2024
6th Circ. Revives McKee's Network Plan Fight With Thrifty Med
The Sixth Circuit reinstated on Thursday McKee Foods Corp.'s suit against Thrifty MedPlus Pharmacy alleging Tennessee law requiring pharmacy benefit managers to let "any willing pharmacies" participate in a network was preempted by the Employee Retirement Income Security Act, finding that amendments made to the statute didn't render McKee's claims moot.
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March 21, 2024
Ex-CEO Says Social Media Profiles Are Tied To His Personality
The former CEO of the company that makes Bang Energy drinks argued Thursday in a Florida federal court that a bankruptcy judge wrongly took away ownership of three social media accounts he created for the brand, saying his persona used in them was instrumental in successfully marketing its products.
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March 21, 2024
Calif. Panel Revives Diner's COVID Sanitization Coverage Bid
A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.
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March 21, 2024
Canadian Supplement Co. Seeks US Bankruptcy Recognition
A nutritional supplement supplier based in Montreal told a Delaware bankruptcy judge Thursday it needs the U.S. court to recognize its Canadian insolvency proceedings, reasoning that an eviction threat may cut off access to assets in California the debtor needs for its sale plans.
Expert Analysis
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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Employer Takeaways From 2nd Circ. Equal Pay Ruling
The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.