Food & Beverage

  • January 19, 2017

    Zico Coconut Water 'No Added Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

  • January 19, 2017

    Golden Corral Roped Into Overtime Class Action

    Golden Corral Corp. may offer customers an endless buffet, but it has shown itself to be less bountiful to those it employs as associate managers by wrongfully exempting them from federal and state overtime pay requirements, according to a lawsuit filed in Pennsylvania federal court Wednesday.

  • January 19, 2017

    Fla. Judge Seeks Clarity On Garnishing Unconfirmed Awards

    A Florida federal magistrate judge on Wednesday asked a unit of Fresh Del Monte Produce Inc. and a juice company whose debt to a pineapple grower Del Monte is trying to intercept to search far and wide for any cases that address whether unconfirmed arbitral awards can serve as the basis for debt garnishment.

  • January 18, 2017

    Olive Oil Buyers Take 50 Cents A Bottle To End False Ad Suit

    A group of consumers who claim they were misled by “Imported From Italy” labels on Filippo Berio olive oil asked a California federal court on Wednesday to give initial approval to a preliminary settlement reached with Salov North America Corp.

  • January 18, 2017

    Deals Rumor Mill: Chuck E. Cheese, Cosco, OneBeacon

    Private equity-owned Chuck E. Cheese could go public this year in an IPO valuing it at around $1 billion; Chinese state-owned Cosco is in talks to buy rival Orient in a deal worth more than $4 billion; and specialty insurer OneBeacon, worth around $1.6 billion, is up for grabs.

  • January 18, 2017

    Noodles & Co. Wants Credit Unions' Card Breach Suit Trashed

    Noodles & Co. urged a Colorado federal judge Tuesday to dismiss a group of financial institutions’ proposed class action claiming the fast-casual chain’s negligence surrounding a recent payment card breach exacerbated their losses, saying the laws of each company's state bar the allegations.

  • January 18, 2017

    Vendor Accused In $8M MillerCoors Fraud Settles Co.'s Suit

    A Florida man indicted in a scheme to defraud MillerCoors LLC out of more than $8 million through marketing events has settled with the company in a related civil suit and will reimburse it for the losses he caused, a lawyer for MillerCoors said Tuesday.

  • January 18, 2017

    Food & Beverage Group Of The Year: Mayer Brown

    When it comes to Mayer Brown’s reputation as the go-to firm for companies looking to navigate the vast legal territory that comes with producing an edible product, from labeling challenges to tricky financing, its partners attribute its renown to the firm’s diverse smorgasbord of clientele.

  • January 18, 2017

    Real Estate Rumors: American Eagle, SpotHero, Mars

    American Eagle has reportedly leased nearly 13,000 square feet in New York, parking app firm SpotHero is said to be taking 28,000 square feet in Chicago and Mars has reportedly leased more than 7,000 square feet in Miami from a venture that includes Independencia Asset Management.

  • January 18, 2017

    US Launches WTO Case Over Canadian Wine Regs

    Just two days before President Barack Obama is set to exit office, his administration on Wednesday filed a new World Trade Organization dispute against Canada, challenging regulations that it claims have unfairly kept U.S. wines from grocery store shelves in British Columbia.

  • January 17, 2017

    Costco Can't Escape Hepatitis Frozen Berry Suit

    A California federal judge on Tuesday refused to quickly end a class action over a frozen berry mix sold by Costco that was supposedly contaminated with hepatitis A, nixing claims alleging emotional distress caused by fear of contracting the disease but allowing the rest to proceed.

  • January 17, 2017

    Venable Beats DQ Bid In EB-5 Hopeful's Contract Fight

    A California judge on Tuesday refused to disqualify Venable LLP from defending a Los Angeles restaurateur in a Chinese EB-5 visa hopeful's suit alleging the restaurateur mismanaged his $1 million investment in two restaurants, saying Venable's use of purportedly privileged documents doesn't warrant disqualification.

  • January 17, 2017

    Egg Contamination Shouldn't Lead To Jail, High Court Told

    Quality Egg LLC executives Austin “Jack” DeCoster and his son Peter DeCoster have asked the U.S. Supreme Court to review their jail sentences related to a national salmonella outbreak, saying individuals cannot get jail time for vicarious liability offenses.

  • January 17, 2017

    Food & Beverage Group Of The Year: Jenner & Block

    Jenner & Block LLP’s food-and-beverage practice had a hand in two billion-dollar deals this year, US Foods’ May IPO and the marriage between Snyder’s-Lance and Diamond Foods, making it one of Law360’s Practice Groups of the Year.

  • January 17, 2017

    Kraft Patent Case To Go Forward Amid High Court Review

    A Delaware federal judge has denied liquid sweetener maker TC Heartland LLC a stay of an infringement suit from Kraft Foods Group Brands LLC over Heartland's concentrated liquid dispensers while the U.S. Supreme Court considers a dispute over where patent cases can be heard.

  • January 17, 2017

    Sausage Co. Says Insurer Owes In Money-Transfer Scam

    Quality Sausage Co. and a subsidiary filed suit against Twin City Fire Insurance Co. in Texas federal court Friday, alleging that the insurer wrongfully denied coverage after a hacker tricked one of the unit’s employees into transferring $1 million out of a client’s bank account.

  • January 17, 2017

    Shepherds Ask Court To End DOL's H-2A Wage Floor

    A group of shepherds challenging a 2015 Department of Labor rule setting a pay floor for long-term livestock workers on temporary H-2A visas urged a D.C. federal court on Monday to deal them a quick win and to find the rule is illegal.

  • January 17, 2017

    Puzder Denies Report He May 'Bail' On Labor Nomination

    Andrew Puzder, the fast food executive whom President-elect Donald Trump tapped to serve as U.S. secretary of labor, on Monday tweeted that he is “looking forward” to his confirmation hearing, amid media reports that he was considering withdrawing himself from consideration for the job.

  • January 13, 2017

    EEOC Gets Time To Study Late-Filed Doc In Hiring Bias Suit

    A Florida federal judge on Friday gave the U.S. Equal Employment Opportunity Commission two more months to show Darden Restaurants Inc. discriminates against older job applicants after the company provided a swath of previously undisclosed hiring data Thursday, days before the EEOC’s expert analysis was due.

  • January 13, 2017

    Ag Groups Press Trump On Cuba As Lawmakers Push Trade

    More than 100 agriculture and other commerce groups on Friday urged President-elect Donald Trump to forge ahead with President Barack Obama’s efforts to normalize trade with Cuba as a group of bipartisan Congress members co-sponsored a bill earlier this week to lift a decades-old embargo on the island nation.

Expert Analysis

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What Will DOL's Immigration Policy Look Like Under Puzder?

    Becki L. Young

    It is still unclear how much legal immigration policy will change in the new Trump administration. However, both President-elect Donald Trump and his nominee for secretary of the U.S. Department of Labor, Andrew Puzder, have worked in industries that rely heavily on foreign nationals and it is entirely possible that legal immigration will stay within historic norms, says Becki Young, co-founder of Hammond Young Immigration Law LLC.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Opposing Class Cert. At 9th Circ. Just Got Tougher

    Michelle Gillette

    By eliminating the ascertainability requirement to certify a class, the Ninth Circuit’s recent decision in Briseno v. ConAgra Foods followed in the footsteps of the Sixth, Seventh and Eighth Circuits, while disagreeing with the Third Circuit. However, it left the door open for opposition to certification in cases that pose more serious obstacles to reliably “ascertaining” class members, say attorneys at Crowell & Moring LLP.

  • Is Restaurant Menu Labeling On ACA Chopping Block?

    Michael A. Walsh

    The Affordable Care Act contains a number of provisions not ordinarily associated with health care, including nutrition labeling of menu items for chain restaurants and retail food establishments. With the Trump administration working to fulfill its repeal and replace campaign promise, Michael Walsh of Strasburger & Price LLP looks at the current status of the menu labeling rule, its viability and some of its untested challenges.