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Food & Beverage

  • May 22, 2018

    Golden Corral Will Pay $3.9M To Settle Overtime Claims

    Golden Corral Corp. has agreed to pay $3.9 million to settle claims that it violated federal and state labor law by paying assistant managers lump sums instead of overtime for training, the workers told an Ohio federal judge, asking her to approve the agreement.

  • May 22, 2018

    Dum Dums Sues Tootsie Over Look-Alike Lollipop Packaging

    The maker of Dum Dums lollipops is suing candy rival Tootsie in Ohio federal court for trademark infringement, accusing it of selling its competing mini lollies in look-alike red bags.

  • May 21, 2018

    1st Circ. Says Food Stamp-Fraud Proof Burden Is On Grocer

    In a case of first impression, the First Circuit ruled Monday that the burden of proof for rebutting food stamp fraud allegations falls on a grocer, in a case against a store that claimed to sell pricey goat and camel meat and catered to Somali immigrants.

  • May 21, 2018

    Justices To Review Scope Of Immunity For Int'l Orgs

    The U.S. Supreme Court has agreed to review a D.C. Circuit decision holding that international organizations enjoy even more immunity from lawsuits than do foreign governments, taking up a case Monday from a group of Indian nationals suing the International Finance Corp. over a power plant project they say has wreaked havoc on the surrounding environment.

  • May 21, 2018

    After Wine Tax Credit Clarified, Reps. Consider Extension

    After the Treasury Department recently announced that small wineries can take advantage of an excise sales tax credit until the end of 2019, lawmakers may consider making that credit permanent, a trade association representative told Law360 Monday.

  • May 21, 2018

    GAO Says Co. Related To Bidder Can't Protest $1.4B Contract

    The U.S. Government Accountability Office in a decision made public Monday rejected a challenge to a $1.38 billion Defense Logistics Agency food distribution contract, saying the protester had no standing to protest the deal, which had originally been bid on by a related company.

  • May 21, 2018

    EEOC Wants Food Co. Sanctioned Over Missing Emails

    The U.S. Equal Employment Opportunity Commission asked a Maryland federal court Monday to sanction a food distributor it alleges spoiled electronically stored information crucial to a yearslong case accusing the company of refusing to hire women.

  • May 21, 2018

    Pizzeria Can Fire Worker Who Criticized Boss: NLRB Judge

    A National Labor Relations Board judge has rejected charges that a Maryland pizzeria violated federal labor law by firing a worker who insulted his boss at a meeting, saying the worker was just voicing personal gripes rather than fighting for better work terms.

  • May 21, 2018

    Unilever Misleads With Corn Fiber In Ice Cream, Suit Says

    Unilever United States Inc. is misleading consumers by making its low-fat Breyers Delights ice cream with a significant amount of soluble corn fiber rather than dairy products, according to a proposed class action filed in New York federal court Friday.

  • May 21, 2018

    NYC's Meatball Shop Hits Houston Eatery With TM Suit

    The popular New York City eatery The Meatball Shop is suing over a restaurant at a Houston airport called The Magnolia Meatball Shop, saying it infringes the chain’s trademarks.

  • May 21, 2018

    15 Minutes With PepsiCo’s General Counsel

    Dave Yawman didn’t give much thought to becoming the general counsel at PepsiCo, where he has worked for nearly 20 years, until the day after he was asked to fill the position in November. Here, he discusses the changes at the global food and beverage corporation during his tenure and the way discontent can lead to success.

  • May 18, 2018

    Egg Producers And Purchasers At Odds In Price-Fixing Trial

    Egg suppliers urged a Pennsylvania federal judge to grant them a win in multidistrict litigation that accuses them of conspiring to fix egg prices, saying evidence presented during the ongoing trial does not show they were part of a scheme.

  • May 18, 2018

    Brand Battles: Anheuser-Busch, Marvel, Microsoft

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Anheuser-Busch cites a Super Bowl ad about its famous German founder, Marvel has trouble registering its upcoming "Cloak & Dagger" television series, and Microsoft gets into a dispute with real estate giant Tishman Speyer over dueling services called "Zo."

  • May 18, 2018

    Ex-Server At NYC Eatery Drops Worker Mistreatment Suit

    A former server at Manhattan’s acclaimed French seafood restaurant Le Bernardin has ended her proposed class action against the company less than four months after filing it, with a New York federal judge dismissing on Thursday her allegations that the eatery and its owners mistreated employees and ignored sexual harassment.

  • May 18, 2018

    Chicago Wine Bar Denies 'Copycatting' NYC Restaurant Group

    Two former employees of a New York group of Italian restaurants and wine bars that is suing them for trademark claims under the Lanham Act have urged an Illinois federal court not to close their new Chicago wine bar, arguing the startup’s design and menu are not "copycat" versions that violate the group’s trade dress.

  • May 18, 2018

    REIT InvenTrust Scoops Up Fla. Retail Center For $88M

    Illinois-based real estate investment trust InvenTrust Properties Corp. said on Thursday that it has acquired a 120,000-square-foot retail center in Palm Beach Gardens, Florida, for $88 million from Menin Development Inc.

  • May 18, 2018

    Farm Subsidy, Welfare Bill Tanks Over Immigration Issues

    A conservative revolt over immigration and Democratic opposition to food stamp work requirements drove the U.S. House of Representatives’ effort to pass a five-year reauthorization of farm policy into the dirt Friday.

  • May 18, 2018

    Chase Bank Hits Landry's With $20M Suit Over Data Breach

    JPMorgan Chase Bank NA and its payment processing arm Paymentech LLC filed a $20.06 million breach of contract lawsuit against Landry's Inc. in Texas federal court, claiming the hospitality company refuses to compensate them for costs related to a data breach at Landry’s properties in 2014 and 2015.

  • May 17, 2018

    Nestle Sinks Class Action Claims Over Poland Spring Water

    Nestle Waters North America Inc. defeated four class action lawsuits alleging its Poland Spring water is a "colossal fraud" on Thursday, after a Connecticut federal judge ruled that the Food, Drug and Cosmetic Act only allows the federal government to enforce its violations.

  • May 17, 2018

    Honest Co.'s Organic Formula Not Up To Calif. Par, Org Says

    The Organic Consumers Association urged a California appeals court on Thursday to revive its suit accusing Jessica Alba-founded The Honest Company of falsely claiming that its baby formula is organic, arguing that the federally certified formula doesn't meet California's higher standards for organic products.

Expert Analysis

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Inside The New GMO Labeling Disclosure Proposal

    Robert Hibbert

    Last week, the U.S. Department of Agriculture released its highly anticipated rule for labeling foods that contain genetically modified organisms, or “GMOs.” The proposal suggests a sweeping national disclosure requirement and, given the variety of consumer perceptions of bioengineered foods, could generate debate over certain label ideas, say Robert Hibbert and Ryan Fournier of Morgan Lewis & Bockius LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • When Must Manufacturers Anticipate Product Misuse?

    Stephen Copenhaver

    Not all injuries arising from the abuse or misuse of a product may lead to manufacturer liability. If the misuse was not reasonably foreseeable, the law does not hold manufacturers responsible in tort. But it can be difficult to determine which misuses are reasonably foreseeable and which are not, say Stephen Copenhaver and Sarah Schiferl of Schiff Hardin LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Opinion

    A Solution To China’s Counterfeiting Problem

    Amy Hsiao

    How can we stop fake versions of products from circulating throughout China? The answer might come from the internet of things and the Quick Response code, say Amy Hsiao of Swanson and Bratschun LLC and Samuel Speed of Yingke Law Firm.

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.