Food & Beverage

  • February 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    Kellogg Worker Must Arbitrate FLSA Claim, Judge Says

    A Nevada federal judge on Thursday sent to arbitration a Kellogg worker’s claim that the company violated the Fair Labor Standards Act by denying him proper overtime pay, finding the parties had “clearly and unmistakably” agreed that an arbitrator should decide whether the allegations are arbitrable.

  • February 15, 2018

    Bank Backs Egyptian Yeast Co. With $52M Loan

    The European Bank for Reconstruction and Development said Thursday that it's supplying an Egyptian yeast producer with a $52 million loan to expand its export business, its first deal with a Chinese-owned company. 

  • February 15, 2018

    Texas Grocery Chain HEB Buys Growing Mobile Delivery App

    Texas food retailer HEB Grocery Co. LP, one of the Lone Star State’s largest private employers, said Thursday it has purchased Favor Delivery, a popular and growing on-demand delivery service headquartered in Austin, for an undisclosed sum.

  • February 15, 2018

    Litigating Likeness: 4 Big Publicity Rights Fights To Watch

    A California appeals court refused this week to revive a case filed by a "Goodfellas" actor who claimed his likeness was used without permission on the "The Simpsons," but there’s plenty more right of publicity action ahead in 2018. Here are four big cases to watch.

  • February 15, 2018

    Filipino Family Awarded Nearly $400K For Forced Labor

    A Filipino family who entered the United States as legal permanent residents won a $387,621 verdict on Wednesday when a Colorado federal jury found they had been forced to work without wages for a family member who sponsored their entry.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    Insurer Needn't Cover Foods Co. In Ex-Leader's Fraud Suit

    A Washington federal judge found Tuesday that Cincinnati Insurance Co. needn’t cover Zaycon Foods Inc. for a fraud suit by a former co-leader of the company who claims he was ousted after investing millions, saying the suit doesn't contain any defamation claims and therefore isn't covered under advertising injury in the company's general liability policies.

  • February 14, 2018

    Texas Man Can't Use Frozen Funds For Appeal, 5th Circ. Says

    A Texas frozen foods businessman convicted for a $5.3 million tax and wire fraud scheme doesn't have a Sixth Amendment right to use funds claimed by the government for a $1.2 million restitution order to hire counsel for his appeal, a Fifth Circuit panel said Wednesday.

  • February 14, 2018

    Mushroom Farms To Settle Price-Fixing MDL Class Action

    A Pennsylvania federal judge on Wednesday granted preliminary approval to two mushroom farms looking to pay a combined $375,000 to settle out of broader class-action multidistrict litigation accusing growers and sellers of the fungi of a price-fixing conspiracy.

  • February 14, 2018

    3rd Circ. Snubs Fraudster Bar Owner’s Bid To Trim Sentence

    The Third Circuit on Tuesday affirmed the 6½-year sentence of a Philadelphia financial planner convicted of pilfering $400,000 from investors to buy a bar that later went bankrupt, saying the lower court was correct in finding he’d lied during the bankruptcy proceedings.

  • February 14, 2018

    Dunkin’ Donuts Consumers Fight To Keep Angus Steak Claims

    A group of Dunkin’ Donuts customers who say their Angus steak sandwiches didn’t include steak — just ground beef plus filler — urged a New York federal judge on Tuesday to reject the company's dismissal bid, disputing that they should have consulted ingredient lists.

  • February 14, 2018

    Poultry Farm Seeks Sanctions For ‘Knowingly False’ Claims

    One of the largest poultry producers in the United States asked a California federal judge on Tuesday to dismiss a suit from three nonprofits, along with other sanctions, due to "salacious" and "outlandish" allegations made based on U.S. Department of Agriculture test data the company claims was knowingly misrepresented.

  • February 14, 2018

    Circle K Training Videos Infringe Copyright, Suit Says

    Convenience store giant Circle K Stores Inc. on Tuesday was hit with a copyright infringement suit by a company that makes employee training videos for allegedly copying and distributing several videos to stores nationwide as part of mandatory training.

  • February 14, 2018

    General Mills Buyers Fight To Preserve Labeling Row

    General Mills consumers accusing the company of misrepresenting its sugary cereals and bars as healthy urged a California federal court Tuesday to keep the proposed class action alive, saying the claims are not preempted and not based on puffery.

  • February 13, 2018

    Gerber Buyers Denied Cert. In Baby Food False Ad Suit

    A California federal judge on Tuesday declined for a second time to certify a class of consumers accusing Gerber Products Co. of misbranding baby food, saying the company already changed the disputed labels and the proposed damages models are flawed.

  • February 13, 2018

    McDonald's Hit With ADA Class Action Over Drive-Thru Hours

    Fast-food giant McDonald's was hit with a putative class action in Illinois federal court Tuesday from a customer who claims her and other visually impaired people's inability to access McDonald's during drive-thru-only hours is a violation of the Americans with Disabilities Act.

  • February 13, 2018

    Ramen Cos. Seek To Decertify Buyers In Price-Fixing Row

    A pair of Korean ramen noodle companies asked a California federal judge Tuesday to decertify an indirect-purchaser class of noodle buyers from six states in a price-fixing action against the companies, arguing that a recent Ninth Circuit ruling raises the bar on certification of multistate classes.

  • February 13, 2018

    Iron Maiden Sues Sites Selling Counterfeit Merchandise

    British heavy metal band Iron Maiden is accusing several unidentified websites of selling counterfeit products that infringe its trademarks, according to a suit filed Monday in Illinois federal court.

  • February 13, 2018

    3rd Circ. Tosses Fed. Worker's Blacklist Claims

    The Third Circuit has upheld the dismissal of a man's claims that he was passed up for a job with the U.S. Department of Agriculture because of work-related criticisms he made about the U.S. Department of Homeland Security, his former employer, saying he failed to make specific claims that the USDA had blacklisted him.

Expert Analysis

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Translating The USPTO Case Law On Foreign-Language TMs

    Davide Schiavetti

    Foreign-language trademarks can be creative, appealing and exotic, but the doctrine of foreign equivalents presents a risk. It appears that the main criterion used by the Trademark Trial and Appeal Board is still the number of speakers of a given language in the prospective marketplace where the marks will be utilized, says Davide Schiavetti of Rothwell Figg Ernst & Manbeck PC.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A 'More Than Peanuts' Sentence Of Food Company Officials

    Robert Hibbert

    In U.S. v. Parnell, the Eleventh Circuit recently upheld the longest criminal sentences ever imposed in a food safety case. The court's opinion underlines the abiding significance of the criminal sanction within the food safety landscape, say Robert Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.

  • PAGA Cases Offer Rare Victories For Calif. Employers

    Benjamin Ebbink

    If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Private Attorneys General Act. However, a pair of recent appellate court decisions granted significant procedural “wins” to employers in PAGA cases, says Benjamin Ebbink of Fisher Phillips.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.