Food & Beverage

  • February 12, 2018

    Nestlé Faces Child Labor Claims Over Chocolate Sources

    Nestlé USA Inc. was slapped with a proposed class action in Massachusetts federal court Monday alleging that the food and beverage giant doesn’t inform consumers that it sources chocolate products from areas in West Africa that are known for relying on forced child labor.

  • February 12, 2018

    MillerCoors Hit With Trademark Suit Over Keystone Rebrand

    MillerCoors was sued for trademark infringement Monday by a California craft beer maker called Stone Brewing Co. over the giant’s recent decision to market its Keystone brand simply as “Stone.”

  • February 12, 2018

    Gluten-Free Group Drops TM Spat With Chef Jamie Oliver

    A gluten intolerance group suing celebrity chef Jamie Oliver for allegedly infringing its trademark by using a symbol that misleads consumers into believing his recipes are certified gluten-free asked a Washington federal court Monday to dismiss the suit.

  • February 12, 2018

    Vitamin Shoppe Dodges False Ad Suit Over Supplement

    A California federal judge tossed a proposed class action Monday accusing Vitamin Shoppe Inc. of falsely advertising that a dietary supplement can contribute to weight loss, citing a lack of evidence that the product made any weight-loss promises.

  • February 12, 2018

    La. Eatery Owner Can’t Duck Breach Claim In TM Spat

    A Louisiana federal judge ruled that the former owner of famous New Orleans restaurant Camellia Grill correctly claimed that the eatery’s current owner breached the terms of their license agreement by unlawfully using trademarks associated with the original restaurant, in a split decision Friday.

  • February 12, 2018

    Houston BBQ Joint Owner Seeks $1M For Alleged Shutout

    A partial owner of a popular Houston barbecue joint that's been in business and family-owned for more than 50 years filed a lawsuit against the other owners in state district court on Friday, alleging they have effectively cut him out of the business and owe more than $1 million in damages.

  • February 12, 2018

    NJ Can't Hear Sandals Food Poisoning Suit, Panel Says

    New Jersey courts don’t have jurisdiction over claims by a couple who alleged they got food poisoning while vacationing at a Sandals Resorts International Ltd. hotel, because Jamaica-based Sandals has no business entities in the Garden State, a state appeals panel ruled Monday.

  • February 12, 2018

    US-China Food Fight Ready For Prime Time At WTO

    After more than a year of procedural wrangling, the U.S. and China are ready to square off at the World Trade Organization over Beijing’s tariff-rate quotas on food imports following the WTO Secretariat’s appointment Monday of three panelists to adjudicate the dispute.

  • February 9, 2018

    Sanderson Farms Must Face '100% Natural' Suit

    A California federal judge ruled Friday that Sanderson Farms must face claims from three nonprofits that it falsely advertises its chicken products as “100% natural” and misleads consumers about how the animals are raised, finding their claims aren’t preempted by federal law.

  • February 9, 2018

    Shell Loses $300M-Plus Oil Cleanup Claim Against Dole Unit

    Shell Oil Co. lost a bid at getting more than $300 million in oil waste cleanup costs reimbursed by a Dole real estate subsidiary when a California court ruled Thursday the regional water board’s order listing the developer as a contributor to the pollution has not yet been finalized.

  • February 9, 2018

    Mini Donut Shop Says Fla. Competitor Is Infringing TM

    Illinois-based Mini Donut Factory Inc. finds nothing sweet about similarly named Mini Doughnut Factory LLC, accusing the owners of the South Tampa, Florida, business of infringing on its state and federal trademarks in a lawsuit filed in Illinois federal court Friday.

  • February 9, 2018

    Woman Sues BBQ Chain Over Industrial Staple In Sandwich

    A Chicago woman sued the management company of a South Side location of barbecue chain Famous Dave’s in Cook County Circuit Court on Thursday, alleging she bit into an industrial-sized staple while eating a Famous Dave’s sandwich, and claiming the staple did serious damage to her teeth.

  • February 9, 2018

    Chefs' Warehouse Drivers Denied Class Cert. In Wage Suit

    The Chefs’ Warehouse Inc. on Thursday defeated class certification in a wage-and-hour class action brought by a group of delivery drivers, as a California federal judge found the lead plaintiffs in the case — who promised their sanctioned attorney wouldn’t represent the class — were inadequate class representatives.

  • February 9, 2018

    GrubHub Win Doesn't Settle Debate Over Gig Workers' Status

    A first-of-its-kind ruling holding that a former Grubhub delivery driver was an independent contractor rather than an employee was a victory for gig economy employers who hope the decision bodes well for their chances of defeating similar lawsuits, but experts say businesses shouldn't get too excited.

  • February 9, 2018

    Canada Says Four Countries, EU Can Join Wine Dispute

    Pressure to overturn Canada's rules for selling foreign wine is building after the country said it would allow four more countries and the European Union to join ongoing discussions before the World Trade Organization, according to a WTO notice.

  • February 9, 2018

    Attys In Vita-Mix Row Must Back Up $7.2M Fee Request

    An Ohio federal judge said Friday she needs more information about the work attorneys undertook on behalf of consumers accusing Vita-Mix Corp. of making faulty blenders before awarding them $7.2 million of an estimated $300 million settlement.

  • February 9, 2018

    Taxation With Representation: Wachtell, Weil, Latham

    In this week’s Taxation With Representation, NuStar Holdings merged with a subsidiary to create a $7.9 billion partnership, Kroger made a $2.15 billion convenience store sale to EG Group, Enduring Resources bought WPX Energy’s San Juan Basin oil holdings for $700 million, and Tronc sold the Los Angeles Times and other newspapers to Nant Capital for $500 million.

  • February 8, 2018

    GrubHub Driver In Gig Economy Case Is A Contractor: Judge

    A California federal judge ruling in a bellwether case concerning the rights of workers who participate in the so-called gig economy said Thursday that a former GrubHub Inc. meal delivery driver was an independent contractor and not the company’s employee.

  • February 8, 2018

    Aided By Oxford Comma, Dairy Drivers Reach $5M OT Deal

    A Maine dairy company said Thursday it has agreed to pay a group of delivery drivers $5 million to settle accusations it failed to pay proper overtime, nearly 11 months after the First Circuit revived the drivers' suit based on the lack of an Oxford comma in Maine’s overtime law.

  • February 8, 2018

    Volkswagen Fines Top EPA's Biggest 2017 Enforcement Cases

    The U.S. Environmental Protection Agency on Thursday released highlights of its 2017 enforcement efforts, pointing to a $2.8 billion criminal fine against Volkswagen AG for cheating emissions standards and a $2 million Clean Water Act penalty against Tyson Poultry Inc.

Expert Analysis

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Approaching Restaurant Leases As A Tenant: Part 2

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP in the final part of this article.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Approaching Restaurant Leases As A Tenant: Part 1

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP.

  • How The Hospitality Industry Is Dealing With Tip Pool Regs

    Margaret Grover

    The hospitality industry has long relied on tips and service charges to augment wages paid to employees. The U.S. Department of Labor has proposed new regulations governing tip sharing, in part as a response to regulations it promulgated in 2011, which have resulted in a split between the federal circuits and a petition for certiorari in the U.S. Supreme Court, says Margaret Grover of Wendel Rosen Black & Dean.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Gene-Edited Crops Ripe For Renewed Regulatory Focus

    Brian Sylvester

    Earlier this month, the U.S. Department of Agriculture released a report on agriculture and rural prosperity highlighting innovations in agricultural biotechnology as a driver of the “fourth industrial revolution.” To foment further innovation in agricultural biotechnology and reduce regulatory burden on industry, the federal regulatory framework should be updated, says Brian Sylvester of Keller and Heckman LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.