Food & Beverage

  • January 9, 2017

    Land O'Lakes Urges 7th Circ. To Revive Tainted-Whey Suit

    Land O’Lakes urged the Seventh Circuit on Monday to overturn the quick win a Wisconsin federal judge handed the former executives of a whey protein supplier accused of selling products tainted with urine byproduct, saying the judge failed to recognize its injury.

  • January 9, 2017

    Over Objections, Appeal Bond Set In $6.3M Godiva Row

    A Florida federal judge adopted the recommendation of a magistrate judge Monday, rejecting a request that two “serial objectors” post a $115,000 bond to appeal a $6.3 million settlement that ended a class action against Godiva Chocolatier Inc., calling the recommended $2,500 bond reasonable.

  • January 9, 2017

    Garden Fresh Sale To Creditor Gets Court Approval In Del.

    Bankrupt restaurant chain Garden Fresh Restaurant Intermediate Holding LLC received court approval Monday in Delaware for a sale of its assets to a prepetition secured lender that was the only bidder for the company.

  • January 9, 2017

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2016 Practice Group of the Year awards, the law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.

  • January 9, 2017

    Top Singapore Court Says Judge Flubbed Arbitrability Ruling

    Singapore’s Court of Appeal ruled Monday that a minority shareholder’s suit against the principal owner of a bankrupt grocery store chain can move forward, ruling for the main shareholder on several issues but giving the minority owner’s claims a second chance by striking down a precedent that it said needlessly complicated the appeals process.

  • January 9, 2017

    Airbnb Leads $13M Fundraise For Restaurant App Resy

    Restaurant reservation app Resy Network Inc. completed its first major financing round on Monday, led by Airbnb Inc., raising $13 million just two months after announcing a commercial partnership with the home-sharing giant.

  • January 9, 2017

    Mars Can't Toss Deceptive Rice Labeling Suit

    A California federal judge refused Monday to end a class action accusing Mars Inc. of grossly overstating the amount of food contained in boxes of Uncle Ben's Ready Rice, saying the complaint spelled out a clear logical line stating a claim.

  • January 9, 2017

    Mondelez Pays SEC $13M To End Indian Unit Bribery Probe

    Snack food giant Mondelez agreed on Friday to pay $13 million to the U.S. Securities and Exchange Commission to end allegations that its Cadbury unit in India didn’t properly monitor or record a consultant’s work to prevent potential anti-bribery law violations.

  • January 9, 2017

    Consumer Stands By Autodialed Call Row Against Nestle

    The consumer leading a proposed class action accusing Nestlé Waters North America Inc. and a debt-collection company of making allegedly autodialed calls told a California federal court Friday that the companies incorrectly characterize his allegations as implausible, holding him to an unfair standard in the process.

  • January 9, 2017

    Chancery Denies Legal Fees For Former Quiznos Execs

    A Delaware Chancery judge ruled Monday that a liability assignment agreement did not put nondebtor units of Quiznos on the hook to indemnify and pay former executives' legal fees connected to fraud claims stemming from the sandwich shop’s bankruptcy, ruling that the agreement in question doesn’t require it.

  • January 9, 2017

    Guacamole Co. Hit With Suit Over 'All Natural' Product

    A Florida man on Friday launched a proposed class action in California state court, accusing guacamole maker Yucatan Foods LP of deceiving consumers by indicating on the product's label that it was "all natural" and made only from avocados and spices, when in fact it contained additives as well.

  • January 9, 2017

    Mars To Scoop Up Pet Health Co. VCA In $9.1B Deal

    Candy and consumer brand conglomerate Mars Inc. said Monday that it plans to expand its pet health care services operations with the purchase of VCA Inc. in a deal worth $9.1 billion including debt.

  • January 6, 2017

    Vodka Maker Roust Gets Prepackaged Ch. 11 Plan Approved

    Vodka producer Roust Corp. on Friday got the green light to move forward on a prepackaged Chapter 11 plan, allowing the Russian Standard Group subsidiary to reduce its noteholder debt by hundreds of millions, as a New York bankruptcy judge cast aside a lone objection from the U.S. trustee.

  • January 6, 2017

    Deals Rumor Mill: Nature's Bounty, Fairfax, Meredith

    Carlyle could rake in up to $6 billion through the sale of herbal supplement maker Nature's Bounty, Fairfax is seeking a partner to help finance its $4.9 billion takeover of Allied World and Meredith Corp. has approached Time Inc. about a potential merger.

  • January 6, 2017

    Supplier Aims To Deny Quick Win In Pet Food Coverage Case

    Diversified Ingredients on Friday struck back against Colony Insurance Co.’s bid to escape coverage of a policyholder that is the target of Diversified’s third-party claims in a tangled fight over adulterated Blue Buffalo pet food, telling a Texas federal judge the policy applies despite degrees of separation.

  • January 6, 2017

    McDonald's Ducks Cert. In Franchise Workers' Wage Suit

    A California federal judge on Thursday denied certification to a class of current and former workers at eight Bay Area McDonald’s restaurants who sued the fast food giant for wage violations, saying their claims require individualized inquiries that can’t be handled as a class action.

  • January 6, 2017

    Calif. Candy Shop Worker Gets 2nd Look At Pay Claims

    A California appeals court mostly upheld ruling in favor of See's Candy Stores Inc. in an employee’s lawsuit challenging the shop’s timekeeping policies but said the worker’s individual claims related to meal and rest break policies should be revived.

  • January 6, 2017

    Ole Miss Inks Deal To Halve IRS Bill Over Nike, Coke Programs

    A U.S. Tax Court judge has slashed in half a tax bill for the University of Mississippi related to money it made sending its coaches to functions sponsored by Nike and Coca-Cola following a settlement between the school and the IRS, court records show.

  • January 6, 2017

    Philly Urges Pa. Justices To Hear Soda Tax Challenge

    The Pennsylvania Supreme Court was urged in a petition Friday to assume special jurisdiction over a pending appeal following the dismissal of a lawsuit challenging the city of Philadelphia’s new tax on sugar-sweetened drinks and diet soda.

  • January 6, 2017

    Subway, T-Mobile Text-Offer Suit Sent To Arbitration

    A Washington federal judge Thursday told a class action of consumers accusing T-Mobile and Subway of sending unwanted text-message ads to their cellphones to take their claims outside of court, dismissing the case.

Expert Analysis

  • A Trademark Year In Wine And Beer 2016: Part 5

    David Kluft

    David Kluft of Foley Hoag LLP finishes off his comprehensive review of this year's beer and wine trademark disputes with 32 more cases for you to bring up at your holiday party.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • Overturning NLRB Unit Determination Standards At 2nd Circ.

    Shay Dvoretzky

    In Constellation Brands v. NLRB, the Second Circuit recently handed an employer a rare victory in a challenge to a National Labor Relations Board unit determination confirming a petitioned-for bargaining unit. This decision, along with another recent ruling from the Fifth circuit, is important because it sets forth a road map for NLRB regional directors analyzing the appropriateness of bargaining units, say attorneys at Jones Day.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.

  • A Trademark Year In Wine And Beer 2016: Part 3

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    David Kluft of Foley Hoag LLP is back with 28 more tasteful tales about 2016's most notable beer and wine trademark disputes.

  • A Trademark Year In Wine And Beer 2016: Part 2

    David Kluft

    David Kluft of Foley Hoag LLP continues his summary of beer and wine trademark disputes from 2016, in the second part of this five-part series.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.