Food & Beverage

  • May 24, 2017

    Atty Hits Back At Muzzling Motion In Chiquita MDL

    An attorney accused of improperly copying Chiquita Brands International Inc. on privileged communications in a suit claiming the company paid off a paramilitary group responded to the allegations Wednesday in Florida federal court, saying the issue arises from his attempts to sort out duplicate claims and retainer agreements.

  • May 24, 2017

    Marsh Unsecured Creditors Sweat 'Extremely' Quick Sale Plan

    The official committee of unsecured creditors in the Marsh Supermarkets Holding LLC bankruptcy took aim late Tuesday at what the committee called the debtor’s “extremely expedited” sale plans for more than 40 of its best locations, arguing the crunched schedule could doom Marsh to failure.

  • May 24, 2017

    Co. Settles Criminal Case Over $8.5B Iraq War Food Deal

    Logistics company Agility announced Wednesday that it had reached a deal to end a long-running criminal fraud case related to $8.5 billion in Iraq War food supply contracts, as well as related contractual disputes with the Defense Logistics Agency, contingent on finalizing a settlement in a related False Claims Act case.

  • May 24, 2017

    House Votes On Bill To Limit EPA Rules On Pesticides

    The House on Wednesday again passed a measure meant to reduce U.S. Environmental Protection Agency regulations on pesticides, voting through the bill over Democratic objections it would hurt waterways.

  • May 24, 2017

    Rupari Reaches Deal With Lenders On $1.4M Bonus Plan

    Bankrupt barbecued-meat distributor Rupari Food Services Inc. resolved the objections of its prepetition secured lending agent to garner court approval of a $1.4 million key employee incentive plan Wednesday in Delaware federal court.

  • May 24, 2017

    Chipotle Shareholder Suits Over Food Safety Consolidated

    A Colorado federal judge on Wednesday consolidated two derivative suits brought by Chipotle Mexican Grill Inc. shareholders alleging officers’ and directors’ food safety failures resulted in costly outbreaks of food-borne illnesses at the restaurant chain starting in 2015.

  • May 24, 2017

    Fed. Circ. Revives 'Insignia' Wine Trademark Fight

    The Federal Circuit has revived a case filed by an "Insignia" wine brand that aims to cancel a trademark registration for "Bradley Star Insignia" cigars, saying the Trademark Trial and Appeal Board applied an improper “all-or-nothing” approach when deciding whether the wine mark was famous.

  • May 24, 2017

    Trump Budget Chief Defends Domestic Cuts At House Panel

    President Donald Trump's top budget official pushed back Wednesday on bipartisan criticisms of billions of dollars in domestic spending cuts as he sought support for the president's $4.1 trillion spending plan.

  • May 24, 2017

    9th Circ. Orders New Review Of EEOC's McLane Subpoena

    The Ninth Circuit on Wednesday ordered a trial court to take a second look at whether grocery distributor McLane Co. Inc. must turn over workers' personally identifiable information to the U.S. Equal Employment Opportunity Commission, nearly two months after the U.S. Supreme Court remanded the case for review.

  • May 24, 2017

    IRS Slams Coke's Confidentiality Bid In Transfer Pricing Row

    The U.S. Tax Court should deny the Coca-Cola Co.'s “extensive” request for a protective order in litigation over a $3.3 billion transfer pricing dispute, the IRS said Tuesday, arguing that the soda behemoth hasn’t justified why many aspects of the closely watched case should be closed to the public.

  • May 24, 2017

    Abbott Eyes Settlement In Ensure Wheat Chunk Choking Case

    A New York woman who says she became "violently ill" and sustained injuries after choking on wheat chunks in a bottle of Ensure Plus is exploring a settlement with the nutrition shake's maker Abbott Laboratories, a Manhattan federal judge heard on Wednesday.

  • May 24, 2017

    Judge Won't Revisit Bid To Arbitrate Soybean Shipping Fight

    A New York federal judge on Tuesday declined to rethink her decision tossing a Danish shipping company’s bid to arbitrate a dispute over a soybean shipment with the Paraguayan affiliate of a global agricultural products trader, rejecting the Danish company’s contention that the court overlooked certain allegations.

  • May 23, 2017

    Class Makes Emergency Bid To Muzzle Atty In Chiquita MDL

    Counsel representing relatives of torture victims who allege that Chiquita Brands International Inc. paid off a Colombian paramilitary group sought an order on Monday in Florida federal court to stop a colleague from allegedly copying the company's attorneys on privileged communications concerning unnamed clients.

  • May 23, 2017

    7th Circ. Scrutinizes Fallout From Tainted Whey Product

    A Wisconsin company sued by Land O’Lakes over the sale of a whey product allegedly tainted with a urine byproduct argued two cases before the Seventh Circuit on Tuesday, saying it deserved to move forward with a coverage case over a failed buyout while also urging the appellate court to uphold the dismissal of the Land O’Lakes case.

  • May 23, 2017

    UC Davis Says Profs Stole Strawberry IP As Trial Wraps

    The University of California Davis delivered closing arguments Tuesday in a patent suit against two professors, saying they stole the fruits of the school’s strawberry breeding program in launching a rival commercial venture, while the professors countered that the school breached its obligations by preventing the use of new berry varieties.

  • May 23, 2017

    McDonald's Calif. OT Policies Grilled At Damages Trial

    McDonald’s intentionally processed overnight shifts at its company-run stores so as to stiff thousands of workers on overtime, counsel for several former employees told a California judge during opening statements Tuesday in a damages trial following the judge’s ruling that McDonald’s violated state labor law.

  • May 23, 2017

    Fed. Circ. Affirms ITC Ruling Invalidating Coffee Pod Patent

    Claims in a patent on reusable pods for single-serving coffee makers are invalid for lack of description, the Federal Circuit ruled Tuesday, affirming an International Trade Commission decision in an infringement case between two rival pod makers.

  • May 23, 2017

    'Soup Nazi' Exec Charged With Tax Evasion

    An executive for the company that licenses the name and recipes of the man who inspired the “Soup Nazi” character on television’s “Seinfeld” was arrested on Tuesday, accused of essentially telling Uncle Sam, “No tax for you!”

  • May 23, 2017

    2nd Circ. Dumps Sales Tax Row Over Dunkin' Donuts' Coffee

    Dunkin’ Donuts customers who allege the coffee chain illegally imposed a surcharge in the guise of a sales tax can’t litigate their proposed class action in federal court and must apply for a refund through administrative channels instead, the Second Circuit ruled on Tuesday.

  • May 23, 2017

    Deals Rumor Mill: Sinochem, Constellation, Delivery Hero

    Sinochem is in talks to merge with ChemChina to create a single entity worth roughly $120 billion, Constellation Brands is pursuing an acquisition of Jack Daniel’s parent company, and Europe and Latin America-focused online delivery service Delivery Hero is preparing to go public this summer.

Expert Analysis

  • Discovery Sanctions Get Sanctioned

    Alan Hoffman

    Last month the U.S. Supreme Court reversed a sanctions order issued in Goodyear v. Haeger for bad faith discovery misconduct. And the Eighth Circuit recently reversed a district court sanctions order issued for “obstructive deposition practices.” While these sanctions were judged excessive, litigators must remember that aggressive discovery tactics are always a bad idea, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Case For A Lawyer As Chief Operating Officer

    Nate Bennett

    It is wise to consider looking for a potential chief operating officer in what some might consider an unconventional place — the ranks of the legal profession. A risk-conscious attorney may serve as a good counterweight to a more enterprising CEO, say Dr. Nathan Bennett of Georgia State University and Matt Bedwell of The Miles Group LLC.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • When You Can't Fire An Employee For A Nasty Facebook Post

    Stephanie Caffera

    Employee discipline may seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. The Second Circuit's recent decision in National Labor Relations Board v. Pier Sixty demonstrates several related lessons, including how the NLRA continues to be construed much more broadly than employers generally expect, say attorneys with Nixon Peabody LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 13 FCPA Enforcement Actions Resolved In 2017 So Far

    Marc Bohn

    The first three weeks of 2017 served as a capstone to the flurry of Foreign Corrupt Practices Act enforcement activity that marked the end of 2016, while the remainder of the quarter saw little in the way of additional enforcement actions by the U.S. authorities. However, there are no significant indications that FCPA enforcement efforts will shift dramatically under the Trump administration, say attorneys with Miller & Chevalier Chtd.