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Food & Beverage

  • January 17, 2019

    $9M Protein Shake Settlement Gets Judge's OK

    A class of fitness fans had a $9 million settlement with Premier Nutrition Corp. approved by a Brooklyn federal judge on Thursday, winning up to $34 per class member and $3 million for the lawyers and putting to rest claims that Premier overstated the protein content of its shakes.

  • January 17, 2019

    Haynes and Boone Adds Ex-Troutman Food & Bev, M&A Pro

    Haynes and Boone LLP has hired a former Troutman Sanders LLP partner experienced in mergers and acquisitions in the food and beverage industry, expanding the firm’s corporate and M&A presence in California, the firm has announced.

  • January 17, 2019

    Customers Can't Claim Pet Food Was Toxic, Judge Says

    An Illinois federal judge has cleaved the bulk of claims from a putative class action brought by two buyers of Champion Petfoods USA Inc. products who alleged they were deceived by boasts about the pet food's health benefits despite a study saying it contained heavy metals.

  • January 17, 2019

    PTAB Axes Fish Oil Patent In Post-Grant Review

    Seafood company Nippon Suisan Kaisha Ltd. won its challenge in post-grant review to a patent on a process for purifying fish oil on Wednesday, with the Patent Trial and Appeal Board finding many claims in the patent were too vague.

  • January 17, 2019

    Lesbian Ex-Chili's Server Hits Chain With Sex Bias Charge

    A lesbian former Chili's Grill & Bar server has claimed she was forced to leave her job at the restaurant chain following managers' comments about how she dressed while she was trying to get a promotion.

  • January 17, 2019

    Biz Groups Back GrubHub In 9th Circ. Gig Economy Row

    The U.S. Chamber of Commerce and others have told the Ninth Circuit that upending a California federal judge's finding that an ex-GrubHub driver was an independent contractor and not an employee would devastate internet and gig-economy businesses that rely on independent contractors.

  • January 17, 2019

    Deals Rumor Mill: Campbell Soup, Nasdaq, Riyad Bank

    A group of companies has reportedly been asked to submit second-round bids for the international business of Campbell Soup, Nasdaq is in talks to buy Norwegian exchange Oslo Bors, and Saudi Arabia's National Commercial Bank and Riyad Bank have hired financial advisers to help as they look to merge.

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    North Dakota Bill Seeks Framework For Tribal Tax Agreements

    A bipartisan bill has been introduced in the North Dakota Legislature that would create a pathway for American Indian tribes in the state to introduce tobacco, alcohol and state gross receipts taxes for purchases made on reservations.

  • January 16, 2019

    HFF Steers $25.9M Sale Of Pepsi Distribution Center

    Holliday Fenoglio Fowler LP said on Wednesday that it represented a real estate investment trust in the $25.9 million sale of a newly constructed 220,825-square-foot Pepsi Bottling Distribution Center in Richmond, Virginia, to a private equity real estate firm.

  • January 16, 2019

    Dairy Makers Get Tolling Args Tossed From Milk Price Suit

    A Florida federal judge handed a win to Land O'Lakes and other dairy makers in a suit brought by a pair of grocery chains alleging the dairies drove up the price of milk, saying that the statute of limitations should not be paused.

  • January 16, 2019

    Dems Float $15 Federal Minimum Wage

    Congressional Democrats on Wednesday unveiled a plan to raise the federal minimum wage to $15 by 2024 while providing for subsequent increases tied to national wage growth and phasing out subminimum wages for youth and tipped workers and people with disabilities.

  • January 15, 2019

    Brewery Hops On Shutdown Suit Bandwagon Over IPA Label

    Atlas Brew Works LLC hit the federal government with a First Amendment complaint in D.C. federal court Tuesday, challenging a law that requires beer sellers to have their labels approved by the Federal Alcohol Administration, which it hasn't been doing because of the shutdown.

  • January 15, 2019

    EU IP Office Pulls McDonald’s Big Mac TM In Supermac Row

    The European Union Intellectual Property Office has revoked McDonald's International Property Company Ltd.’s EU trademark for the term Big Mac, finding that it was not being put to genuine use, after it was challenged by an Irish fast-food chain called Supermac’s, according to documents filed by the EUIPO Tuesday.

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    Kroger Employees Can't Claim Retaliation In ERISA Suit

    An Illinois federal judge tossed a retaliation claim from Kroger workers' Employee Retirement Income Security Act suit accusing their multiemployer pension plan of wrongly ignoring a proposal that would preserve their benefits, finding that the grocery store workers didn't show that the plan treated them differently after they filed the suit.

  • January 15, 2019

    Drink Co. Wants Bradley Arant DQ'd After Jump To Rival

    A coffee and tea company facing a patent infringement suit over its sweet tea drink told an Alabama federal court its attorneys of nearly a decade at Bradley Arant Boult Cummings LLP dumped the company and entered an appearance for the other side in the case less than an hour later.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Heinz Faces Trademark Suit Over New 'Mayochup' Sauce

    The Kraft Heinz Co. was hit with a trademark lawsuit Monday over its recent launch of a mayonnaise-ketchup spread called "Mayochup," a name that a Louisiana sauce maker says is too much like the "Metchup" he has used for a decade on his similar product.

  • January 14, 2019

    House Ousts Rep. King From Committees Over Race Remarks

    Congressional leaders on Monday condemned Rep. Steve King and stripped him of his seats on the U.S. House of Representatives' Judiciary and Agriculture committees after critics accused the Iowa Republican of making racist comments in an interview with The New York Times.

Expert Analysis

  • How Retailers Can Avoid Discrimination Claims From Clientele

    Edward Harold

    In a country with an increasingly diverse population of consumers, becoming known as a store that treats minority customers poorly is a surefire way to lose business. Retailers need to understand how these claims can come about in order to prevent the underlying issues, says Edward Harold of Fisher & Phillips LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Shutdown's Messy Impact On Consumer Protection Activities

    Alan Wingfield

    As it appears the federal government shutdown could continue for some time, attorneys with Troutman Sanders LLP discuss its effect on the regulatory and litigation docket for consumer-facing companies.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Patenting Cannabis: A Look At The Numbers

    Glucoft, Josh.jpg

    Despite the substantial growth in cannabis-related patents in the last decade, design patenting appears to be virtually unheard of in the industry, says Joshua Glucoft of Irell & Manella LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    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 Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 6 Advertising Law Trends To Watch In 2019

    Jason Gordon

    In the world of advertising last year, the recurring theme appeared to be honesty. With the lid pried away to expose how companies have been studying their customers, those customers have begun studying the companies in return, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.