Food & Beverage

  • November 20, 2017

    Häagen-Dazs To Mediate TCPA Suit Over 'Thank You' Text

    Häagen-Dazs and its parent company, Nestlé, will go into mediation in an effort to resolve a suit alleging it violated the Telephone Consumer Protection Act with unsolicited automated texts that thanked customers who signed up for the ice cream maker's rewards program.

  • November 20, 2017

    Ice Cream Co. Denies Attempt To Freeze Out Legal Rival

    Ice cream maker Mister Cookie Face LLC and parent Fieldbrook Foods Corp. rebuffed a Boston federal judge's comments Monday that they appear to have perpetuated a lawsuit knowing the costly process could hobble their family-owned opponent.

  • November 20, 2017

    Real Estate Rumors: Mizuho Americas, MMG Equity, PNC Bank

    Mizuho Americas has reportedly leased another 270,000 square feet on Sixth Avenue in New York, MMG Equity Partners has reportedly bought a Florida grocery-anchored shopping center for $17 million and PNC Bank is said to have loaned $27.3 million for a Florida hotel project.

  • November 20, 2017

    McDonald's Hit With Employee Discrimination Suit In Fla.

    McDonald’s Corp. on Monday removed to Florida federal court a proposed class action brought by a former employee who alleges the fast-food giant violated state civil rights law by allowing her to be discriminated against based on her national origin and disability.

  • November 20, 2017

    Wendy's Customers Defend Standing In Data Breach Suit

    Customers suing Wendy's over a data breach urged a Florida federal judge on Friday to allow their putative class action to move forward, saying the fast-food chain has twisted their deposition testimony in its latest arguments that they have not presented sufficient evidence of actual injuries.

  • November 20, 2017

    Google, Netflix Say DOJ Fuzzy On BMI Music Interest Sales

    Google, Netflix and several other media industry players asked the Second Circuit on Friday for permission to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the DOJ has left open a possibility for BMI to sell partial interests in music, despite previously arguing against the practice.

  • November 20, 2017

    Chipotle Buyers Say In Cert. Bid They Relied On Non-GMO Ad

    Customers suing Chipotle Mexican Grill Inc. over allegedly mislabeling food as non-GMO asked a California federal court on Friday to certify three classes, saying the allegations of the members of the proposed classes rely upon consistent advertising conduct.

  • November 20, 2017

    Alibaba Readies $2.9B Investment In Chinese Grocer Sun Art

    Alibaba will take a HK$22.4 billion ($2.88 billion) stake in Chinese food retailer Sun Art in a partnership with the company’s current backers, as the Chinese internet and e-commerce giant looks to bridge the gap between online and offline shopping, according to a Monday statement.

  • November 17, 2017

    Cherokee Nation Latest To Accuse Tuna Cos. Of Price Fixing

    The Cherokee Nation on Thursday lodged a proposed class action in California federal court against a handful of tuna companies, including Bumble Bee and StarKist, accusing them of violating federal and numerous state consumer protection laws over an alleged canned tuna price-fixing scheme.

  • November 17, 2017

    Salsa Co. Continues Push Against ICC Arbitration Provider

    A Mexican salsa maker told a New York federal judge Thursday that its suit against the International Chamber of Commerce’s North American arbitration provider should be allowed to continue, urging the court to recognize a Mexican court order halting the ongoing arbitration between the sauce company and an investor.

  • November 17, 2017

    4th Circ. Revives Drivers' FLSA Claims Against Baking Co.

    The Fourth Circuit on Friday reinstated Fair Labor Standards Act claims in a suit against Schmidt Baking Co. Inc. from former employees alleging they were entitled to overtime pay, reversing a lower court’s dismissal.

  • November 17, 2017

    OSHA Floats $1.8M In Fines Over Wis. Corn Mill Explosion

    A Wisconsin milling company should pay more than $1.8 million in fines after a late May explosion at one of its corn mills left five workers dead and injured a dozen others, the Occupational Safety and Health Administration proposed Friday.

  • November 17, 2017

    Brand Battles: Wu-Tang Takes On 'Woof-Tang' Dog Walkers

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, legendary hip hop group Wu-Tang Clan takes on a Manhattan dog walker called "Woof-Tang Clan," Play-Doh gets involved with nonsmell-related trademarks, and Sazerac takes a "Paddy" whack at a small Massachusetts company.

  • November 17, 2017

    Ocean Spray Sued Over 'No Artificial Flavors' Juice Label

    Ocean Spray Cranberries Inc.’s “CranGrape” and “CranApple” juice-based beverages falsely advertise that they don’t include any artificial flavors, claimed a proposed class action removed to California federal court Thursday.

  • November 17, 2017

    Disney Can Arbitrate 'Pink Slime' Coverage Row

    A California federal judge on Friday granted The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed the company's beef byproduct "pink slime," one day after hearing arguments on the motion.

  • November 17, 2017

    Kraft Sues Mexican Distributor Over $2M In Late Payments

    The exporting arm of packaged food giant Kraft Inc. filed suit against Mexican distributor Kbasa SA de CV on Thursday, alleging Kbasa has failed to pay more than $2 million it owes Kraft for products the company bought.

  • November 17, 2017

    Dutch Co. Gets $43K Award Nixed In Shipping Case

    An English High Court judge on Thursday set aside a $43,100 arbitral award won by a ship chartering operation after a payment dispute with a Dutch agricultural commodities company, concluding the Dutch business hadn't been properly notified of the arbitration.

  • November 17, 2017

    Legacy Raises $300M In IPO To Buy Consumer Co.

    Legacy Acquisition Corp., a blank check company led by former Procter & Gamble Co. executives and private equity veterans who aim to acquire a consumer-oriented company, listed shares Friday after raising $300 million through an initial public offering.

  • November 17, 2017

    Simply Potatoes Have Unexpected Margarine, Consumers Say

    Post Holdings Inc. has misrepresented that its Simply Potatoes Mashed Potatoes are “made with real butter” when the products unexpectedly contain less-healthy margarine as well, according to a proposed class action filed Friday in New York federal court.

  • November 17, 2017

    Mondelez Faces Labeling Suit Over Sugary Breakfast Items

    Mondelez International Inc. was hit with a proposed class action Thursday in California federal court alleging the snack food giant duped consumers into thinking its belVita breakfast biscuits are a healthy way to start the day when they are actually full of sugar.

Expert Analysis

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • A Partial But Significant Tax Victory For Tribal Casinos

    Timothy Evans

    A South Dakota district court's recent decision in Flandreau v. Gerlach prevented the state's imposition of a use tax on purchases by nonmembers of goods and services at the tribe's on-reservation casino and related amenities. This case emphasizes the dual taxation problem that tribes should seek to have addressed through federal legislation once and for all, say Timothy Evans and Kathleen Nilles of Holland & Knight LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • 9th Circ. Tip-Credit Opinion Is Good News For Employers

    Laura Lawless Robertson

    In Marsh v. J. Alexander’s, the Ninth Circuit recently found that it was not required to defer to the U.S. Department of Labor’s Field Operation Handbook interpretation of “dual jobs” because the interpretation is inconsistent with the regulation, acknowledging that its decision would create a split among the circuits, says Laura Lawless Robertson of Squire Patton Boggs LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Misclassification Claims Threaten Gig Economy Business

    Tracey Diamond

    Recent gig economy cases in New York and California are either pending or were settled before the court could issue a determinative judgment as to the proper classification of workers. But the facts of the cases and the settlement details provide valuable insight into the potential risks and exposure for gig economy companies, say attorneys with Pepper Hamilton LLP.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Litigators, Wrangle That Data With Content Analysis

    Lisa Tichy.jpg

    Content analysis offers scientific methods for making sense of large volumes of data generated by the internet. While content analysis is a nascent tool in litigation, its use by expert witnesses may transform the kinds of evidence considered by courts, say Lisa Tichy and Anna Shakotko of Cornerstone Research.