Food & Beverage

  • March 24, 2017

    ITA Removes Certain Vietnamese Cos. From Fish Duty Review

    The U.S. Department of Commerce's International Trade Administration announced Friday that it is removing certain exporters from its administrative review of an anti-dumping duty order on frozen fish fillets from Vietnam, though it is keeping intact the margins from its preliminary results.

  • March 24, 2017

    Arby's Faces Consumer Class Action Over Data Breach

    Arby’s Restaurant Group Inc. was slapped with a proposed class action in Georgia federal court Thursday alleging that the fast-food chain’s lacking data security measures left the door open for a breach that went undetected for nearly three months, leaving consumers’ information compromised.

  • March 24, 2017

    No Rehearing For Koch Foods In EEOC Fight Over Visa Info

    The Fifth Circuit Thursday denied Koch Foods of Mississippi LLC’s request that it rehear a decision finding that the company cannot compel the release of identifying visa application information on employees who have brought a sexual harassment suit against it, but after the appeals court revised the decision in favor of Koch.

  • March 23, 2017

    Dan Aykroyd Breaks Down Booze Bottle Angles In IP Trial

    Comedy legend Dan Aykroyd on Thursday told a California federal jury that a tequila company had ripped off his Crystal Head Vodka brand’s unique skull-shaped bottle, pulling out a ruler to dissect what he said are obvious similarities between the two bottles.

  • March 23, 2017

    Chancery Says Release From Co. In Receivership Binding

    A Delaware Chancery judge ruled Thursday that an indemnification agreement the former president of Southern China Livestock Inc., which was put into receivership after abandoning the U.S. markets, struck was binding and blocks him from breach of fiduciary duty claims from the company’s receiver.

  • March 23, 2017

    Feed Co. Must Face Ex-Workers’ Same-Sex Harassment Suit

    A Pennsylvania federal judge on Wednesday refused to dismiss an employment discrimination suit from a former pet food company employee that claimed her ex-boss’ wife, who was also an employee, sexually harassed her, saying the amended complaint sets forth plausible same-sex sexual harassment and gender discrimination claims.

  • March 23, 2017

    Utz Vendor Gets 3 Years For $1.4M False Invoice Scheme

    A Pennsylvania federal judge sentenced a businessman to three years in prison Thursday for conspiring with an Utz Quality Foods Inc. executive to bilk the snack company out of $1.4 million through a string of false invoices.

  • March 23, 2017

    Israeli Coke Distributor Could Face $17M Antitrust Fine

    Israel’s antitrust regulator suggested a 62 million Israeli new shekel ($17 million) fine for the country’s Coca-Cola manufacturer and distributor on Wednesday, accusing the company of abusing its prominent market position and engaging in anti-competitive behavior.

  • March 23, 2017

    Investors Hit Meat Processing Co. Over Bribery Concealment

    Investors in Brazilian meat processing company JBS SA sued the company and its executives Wednesday in Pennsylvania federal court, alleging management concealed evidence of poor food quality and bribery of plant inspectors, leading to a stock drop.

  • March 23, 2017

    Patent Venue’s Big Day In Court: What You Need To Know

    In what many are calling the most important patent case of the year, the U.S. Supreme Court will hear arguments Monday on whether to limit where patent lawsuits can be filed.

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

  • March 23, 2017

    Paul Weiss Guides Oak Hill In $525M Checkers Restaurant Buy

    Middle-market private equity firm Oak Hill Capital Partners said Thursday it has agreed to acquire Checkers Drive-In Restaurants Inc. from PE firm Sentinel Capital Partners in a deal valued at about $525 million and guided by Paul Weiss Rifkind Wharton & Garrison LLP.

  • March 23, 2017

    Purina's Fish Food Killed Bass, Fish Farm Says

    An Illinois fish farm filed a property damage and product liability lawsuit Wednesday against Purina Animal Nutrition LLC, claiming its fish food, marketed as safe for largemouth bass, was actually unsafe and resulted in the substantial loss of the farm’s 360,000 fish population due to liver disease and death.

  • March 23, 2017

    Almond Milk Co. Calls False Ad Suit A Wasteful Attack

    Almond milk maker WhiteWave Foods on Wednesday struck back at a consumer’s allegations that it deceptively markets its products as a healthy alternative to dairy milk, calling the California lawsuit an “attack on the entire plant-based beverage industry” and a waste of time.

  • March 23, 2017

    Judge OKs Subway’s Record $31M FACTA Settlement

    A Florida federal judge has signed off on the largest settlement in the history of the Fair and Accurate Credit Transactions Act, a nearly $31 million deal between Subway and a class of consumers alleging the sandwich chain unlawfully printed full credit card expiration dates on receipts.

  • March 23, 2017

    S. African Antitrust Watchdog Raids Produce Distributors

    South Africa’s antitrust watchdog said Thursday it has raided nine fresh produce market agents on suspicions of operating a cartel aimed at manipulating the price of fruits and vegetables in the country, in what was the regulator’s first action of that kind in 2017.

  • March 23, 2017

    NYC Celeb Chefs Settle Trademark Beef Over 'Landmark'

    Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has reached a settlement to drop a trademark lawsuit over plans for an eatery named “Landmark” at the nearby site of the old Four Seasons restaurant.

  • March 22, 2017

    Dole, Execs Reach $74M Deal In Federal Shareholder Row

    Dole Food Co., its CEO and general counsel struck a $74 million settlement with a class of investors in a Delaware federal case that had accused them of driving down Dole’s price before a 2013 take-private deal, the second accord for the company and its brass over the transaction.

  • March 22, 2017

    Food Lion Stands By Merger Arguments In Dairy Antitrust Row

    Food Lion LLC asked a Tennessee federal judge Tuesday not to bar it from raising certain arguments surrounding the merger of dairy company Dean Foods Co. and Suiza Foods Corp. at trial on claims of an alleged conspiracy to limit competition for dairy products, saying Dean’s request goes too far.

  • March 22, 2017

    Trader Joe's Wants Tuna Class Suit Canned

    Grocery store chain Trader Joe’s Co. urged a California federal judge Tuesday to dismiss a proposed consumer class action accusing it of underfilling tuna cans, arguing that the consumers’ stated claims are overshadowed by the U.S. Food and Drug Administration’s standard for what a “reasonable consumer” understands about food labeling.

Expert Analysis

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Rebuttal

    Beware Intended Consequences Of Class Action Reform, Too

    2016 DS Formal (ID 644704).jpg

    The authors of a recent Law360 guest column on H.R. 985, a class action reform bill before the House, insist it is needed to protect corporations forced to settle meritless claims. But studies have debunked the myth of class action blackmail. The new bill simply creates obstacles for true victims of corporate fraud, say David Stein and Andre Mura of Gibbs Law Group LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • 'March Madness' Trademark Tips And Traps

    Roberta Jacobs-Meadway

    As the nation’s major college basketball tournament kicks off on Tuesday, the debate continues as to whether and to what extent the NCAA has the right to engage in rigorous trademark policing efforts when the use of "March Madness" is informational rather than suggesting some official connection or sponsorship, say Roberta Jacobs-Meadway and Alexander Fleisher of Eckert Seamans Cherin & Mellott LLC.

  • Settlement Strategy: What Does The Client Really Want?

    head shot.jpg

    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • When Grumpy Cat Becomes Grumpy Plaintiff: Memes In Court

    Alexander Ziccardi

    While memes’ influence on politics and pop culture is widely acknowledged, little attention has been paid to the legal risks facing the people who create and post memes. That soon may change. Memes have begun popping up in a handful of lawsuits that mirror the kinds of claims that have long been brought against more traditional media, says Alexander Ziccardi of Levine Sullivan Koch & Schulz LLP.

  • Beware Unintended Consequences Of Class Action Reform

    Anscombe_Anthony_300.jpg

    The U.S. House of Representatives currently has before it a bill — H.R. 985 — intended to reduce abusive class action and mass tort practices that undermine the integrity of the legal system. Class action litigation does need reform, but some features of this legislation could perpetuate existing problems and create new ones, say Anthony Anscombe and Mary Beth Buckley of Sedgwick LLP.

  • NY Employers Can't Avoid Overtime And Minimum Wage Regs

    Joshua Zuckerberg

    When a district court judge in Texas enjoined the U.S. Department of Labor’s federal overtime rule last year many employers breathed a sigh of relief. However, there are many states, like New York, that have expressed a real intent to fill the void and make sure that labor protections continue, say Joshua Zuckerberg and LaKeisha Caton of Pryor Cashman LLP.