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Food & Beverage

  • May 23, 2018

    Necco Nets $18.8M In Bankruptcy Sale To Spangler Candy

    The company that makes Necco Wafers has a new owner, according to an order in Massachusetts federal court Wednesday showing that Spangler Candy Co., the maker of Dum Dums lollipops, shelled out $18.8 million to buy its fellow candy maker out of bankruptcy.

  • May 23, 2018

    Railcar Owner Denies Liability In Tater Tot Injury Suit

    Cryo-Trans Inc. told a Massachusetts federal judge Wednesday it should be dismissed from a lawsuit brought by a grocery-supply mover whose feet were crushed by a pallet of frozen Tater Tots that fell off a train car, arguing that it was not the company’s obligation to ensure the shipment was safely loaded.

  • May 23, 2018

    Texas IHOP Hit With Suit Alleging Wage Violations

    A group of at least 180 current and former employees at an International House of Pancakes has hit the entity operating the restaurant's Rockwall, Texas, location with a proposed collective action, alleging they were required to work while off the clock and weren't paid for overtime hours, in violation of the Fair Labor Standards Act.

  • May 23, 2018

    Piggly Wiggly Settles Proposed ERISA Class Action For $8M

    The soon-to-be-defunct grocery store chain Piggly Wiggly Carolina Company Inc. reached a roughly $8 million settlement in an Employee Retirement Income Security Act suit in South Carolina federal court on Tuesday with workers who say they lost their retirement savings linked to company stock while management allegedly sat back and watched the business fail.

  • May 23, 2018

    NM Hits Back At Texas, Feds In High Court Water-Sharing Row

    New Mexico fired back Wednesday in a U.S. Supreme Court lawsuit in which Texas and the federal government accuse it of violating a Rio Grande water-sharing deal by allowing its residents to siphon off more than their share of the water before it gets delivered to Texas.

  • May 23, 2018

    Fed. Circ. Says Pull-Tab Patent Suit Rightfully Tossed

    The Federal Circuit on Wednesday upheld lower court rulings that freed Ball Corp. and Alcoa Inc. from a patent lawsuit over machines that make pull tabs on beverage cans, finding the patent owner failed to sufficiently allege infringement.

  • May 23, 2018

    Jamba Juice Operator Wants Coverage For Sex Assault Case

    Jamba Juice operator Whirl Colorado LLC sued insurer Houston Casualty Co. in California federal court on Tuesday over the “offensive” refusal to resolve “very dangerous claims” stemming from a store manager’s sexual assault of one of his workers.

  • May 23, 2018

    Chipotle Worker Fights Contempt Order For OT Suit

    A Chipotle employee asked the Fifth Circuit to toss a Texas federal judge’s contempt order requiring her to withdraw claims citing violation of a U.S. Department of Labor overtime rule in her New Jersey suit, saying the judge cannot meddle in her case because she has no connection to his court.

  • May 23, 2018

    DOL Asks Justices To Nix 9th Circ. Decision On Tip Pool Rule

    The U.S. Department of Labor urged the U.S. Supreme Court to erase an "incorrect" Ninth Circuit decision that upheld a 2011 DOL rule regulating when so-called tip pools can be instituted by employers, but stopped short of backing full-blown high court review, noting that the agency has already moved to roll back the Obama-era regulations at the heart of the dispute. 

  • May 23, 2018

    Google Accuses Online Ordering Co. Of Hijacking Biz Pages

    Google has accused an online ordering service in California federal court of disguising itself as a Google affiliate to trick restaurant owners into giving up control of their business profiles on the search engine, infringing the tech giant’s trademark in the process.

  • May 23, 2018

    Romania On 'Thin Ice' In $250M Award Suit, Court Says

    A D.C. federal judge has denied Romania's bid to dismiss a petition filed by two Swedish food industry investors to enforce a $250 million arbitral award against the country, writing in a scathing opinion that its arguments were "flat wrong," and that it and its counsel were on "thin ice" for their lack of candor.

  • May 22, 2018

    McDonald's Hit With 10 Sexual Harassment EEOC Claims

    Ten women and girls in Los Angeles, Chicago and seven other cities have claimed they were sexually harassed by co-workers and managers while working at McDonald’s Corp. restaurants, according to filings with the U.S. Equal Employment Opportunity Commission.

  • May 22, 2018

    Olive Garden Can't Duck Suit Saying Server Called 'Too Dark'

    A Kentucky federal judge on Tuesday refused to let Olive Garden out of a suit accusing the restaurant chain of employee discrimination after a newly hired server alleged she was handed $20 during a training session and told to get a job at Burger King because she was "too dark" to work at Olive Garden.

  • May 22, 2018

    Candy Co. Necco Set For Ch. 11 Auction With 4 Bids In Hand

    Bankrupt candy manufacturer Necco is set to sell its line of sweets and other assets to one of four qualified bidders at a Chapter 11 auction scheduled to take place Wednesday in Boston, all but ensuring the estate nets at least $15 million from the deal.

  • May 22, 2018

    Chick-Fil-A, ESPN Want Out Of TV Commercial Copyright Suit

    Chick-fil-A Inc. and ESPN Inc. on Tuesday asked a Texas federal court to toss a copyright infringement suit alleging they stole music from a little-known Dallas rock band to fill out two commercials, saying Platinum Jack Entertainment Inc. hasn’t provided a shred of evidence to back up its claims.

  • May 22, 2018

    Blue Apron Looks To Dodge Investors’ Stock-Drop Suit

    Blue Apron Holdings Inc. urged a New York federal judge on Monday to toss a proposed shareholder class action over a decline in the company's stock price that followed its initial public offering, saying it couldn’t have predicted issues at a new meal-assembly facility when it went public last year.

  • May 22, 2018

    PF Chang's Gets OK On $6.5M Calif. Wage-And-Hour Deal

    P.F. Chang’s China Bistro Inc. has agreed to pay $6.5 million to a class of approximately 17,000 current and former workers who accused the restaurant chain of wage and hour violations, according to a California federal judge who affirmed the settlement.

  • May 22, 2018

    MoMa TM Not Famous Enough For Infringement, Cafe Claims

    Matcha Japanese tea powder aficionados operating Manhattan’s MoMaCha cafe urged a New York federal judge to toss the Museum of Modern Art’s claim alleging the cafe dilutes its trademarks, saying MoMa’s infringement suit fails to demonstrate its nickname, word marks and logo are truly famous.

  • May 22, 2018

    FDA Warning Wire: Rodent Feces At Mass. Candy Plant

    The U.S. Food and Drug Administration was sour on rodent feces found at a historic Massachusetts candy maker, issued slap-downs on kratom distributors and blasted companies that claimed that their dietary supplements could protect skin from the sun.

  • May 22, 2018

    Chicken Of The Sea, Walmart Settle In Tuna Price-Fix MDL

    Chicken of the Sea International on Tuesday said it has reached a cash settlement with Walmart Inc. to resolve antitrust claims related to a multidistrict litigation in California federal court alleging a widespread tuna price-fixing conspiracy.

Expert Analysis

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.

  • Congressional Forecast: May

    Layth Elhassani

    Congress returned to Washington, D.C., this week for a three-week work period before the Memorial Day recess. The Republican majority is aiming to meet deadlines on several priority items, including fiscal year 2019 appropriations bills and renewed program authorizations for agriculture, defense and the Federal Aviation Administration, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • How Iran Deal Pullout Will Impact Cos. And Investors

    Ama Adams

    President Donald Trump’s highly controversial decision to reinstate U.S. sanctions against Iran represents a dramatic change in policy, with significant consequences for international business and investors. The move could quickly put companies that are subject to the laws of multiple jurisdictions in a legally untenable position, say attorneys with Ropes & Gray LLP.

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.