Food & Beverage

  • February 15, 2017

    Puzder Out Of Running For Labor Secretary

    Fast-food executive Andrew Puzder took himself out of consideration Wednesday to serve as President Donald Trump’s labor secretary one day before his scheduled confirmation hearing as reports circulated that he lacked enough support from Senate Republicans.

  • February 15, 2017

    Food Groups Urge Adoption Of Standard Date Labels

    Food retail groups on Wednesday announced an effort aimed at clearing up consumer confusion over date labels such as “Best By” or “Sell By” on food products by voluntarily adopting standard wording on packaging about food quality and safety.

  • February 15, 2017

    Panera Employees Tell 8th Circ. Buyout Caps Were Unjust

    A class of current and former Panera Bread employees told the Eighth Circuit on Tuesday that the bakery chain unjustly and illegally imposed buyout caps on the amount it was willing to pay the employees at the end of a profit-sharing program.

  • February 15, 2017

    Beef Co. Says Cattle Sales Not Stock In $33.4M IRS Tax Suit

    A Kansas City beef company Tuesday urged a Missouri federal court to overturn a $33.4 million tax decision against it by the Internal Revenue Service, claiming the agency improperly treated payment obligations to suppliers as preferred stock.

  • February 14, 2017

    Ocean Spray Berry Auction Violates Mass. Law, Court Told

    A group of cranberry farmers asked a Massachusetts federal judge on Tuesday for a partial quick win on their claim that Ocean Spray is violating the state’s business practice law by conducting an online auction for cranberry concentrate, which they say artificially depresses market price levels.

  • February 14, 2017

    Wal-Mart Sued Over 'Craft' Labeling On Beer Collaboration

    Wal-Mart Stores Inc. has been accused of marketing and pricing a mass-produced beer as though it were a small-batch craft product, according to a proposed class action in Ohio that targets the retail giant's collaboration with a supposedly small supplier that isn't really small at all.

  • February 14, 2017

    FDA Warning Wire: FDA Denied Docs At Chinese Plant

    The U.S. Food and Drug Administration aimed its sights on overseas manufacturing facilities such as a Chinese drugmaker that blocked part of an agency's investigation, and faulted others for poor complaint handling and employee training. Here's this week's roundup of the FDA's enforcement actions.

  • February 14, 2017

    USDA Recommends California Milk For Federal Pricing Order

    California dairy producers who say they face an unfair marketplace disadvantage are moving closer to joining the U.S. Department of Agriculture’s purchasing guidelines, with the USDA on Tuesday recommending that the state join the federal pricing system.

  • February 14, 2017

    Lloyd’s Can’t Dodge Coverage In Nightclub Shooting

    A South Carolina federal court on Monday denied an insurer’s request to stop defending two nightclub owners from a negligence suit brought by a patron who was shot at the club, saying the details alleged in the case did not necessarily qualify it for the policy’s “assault and battery” exception.

  • February 14, 2017

    Calif. State Senator Introduces Sugary Drink Labeling Bill

    A California state senator has again proposed a bill that would require sugary beverages sold in the state to include health warning labels cautioning about the risk of obesity, diabetes and tooth decay, his office said Monday.

  • February 14, 2017

    Monsanto Counterclaims Against Spokane Uprooted By Judge

    A Washington state federal judge on Tuesday tossed counterclaims brought by Monsanto Co. against the city of Spokane, Washington, in a suit from the city claiming the company should have to pay for cleanup costs associated with pollution in the Spokane River, saying the company failed to state a claim under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 14, 2017

    Odwalla Can't Escape 'Cane Juice' Suit, Judge Says

    A California federal judge on Monday declined to toss a proposed class action over The Coca-Cola Co. subsidiary Odwalla Inc.’s use of “evaporated cane juice” on product labels, holding, among other things, that the allegations aren’t preempted by federal food labeling law.

  • February 13, 2017

    Illinois lawmakers propose biotechnology tax credits

    Tax credit legislation introduced by two Illinois lawmakers last week may give new incentive to Biotechnology businesses grow their companies in Illinois.

  • February 13, 2017

    Wendy's Should Face Data Breach Suit, Magistrate Says

    A federal magistrate judge recommended on Monday that the district court reject Wendy's bid to dismiss a class action brought by 26 financial institutions against the fast-food giant for allegedly failing to thwart a data breach, saying the plaintiffs have adequately pled negligence and deceptive trade practices claims.

  • February 13, 2017

    Puzder Chain's Rival Agrees To Halt Use Of Burger Name

    Carl’s Jr., the CKE Restaurants Holdings Inc. burger chain helmed by labor secretary nominee Andrew Puzder, on Friday in Utah federal court settled its trademark case against Apollo LC, which agreed to stop selling an identically named bacon cheeseburger.

  • February 13, 2017

    I Heart Trademarks: Valentine's Day Special

    The past year was oddly chock-full of trademark disputes over heart-shaped logos, featuring heavyweight brand owners like CVS, McDonald’s and Katy Perry. Here’s a quick recap of the year’s events, just in time for Valentine’s Day.

  • February 13, 2017

    EEOC Cites High Court’s Pierce Ruling In McLane Case

    The U.S. Equal Employment Opportunity Commission has asked the Supreme Court to consider one of its previous rulings for determining the proper framework for an abuse-of-discretion review as the agency tries to fight off an appeal by grocery supply chain company McLane Co. Inc.

  • February 13, 2017

    Insurer Sues To Rescind $10M Policy In Frozen Food Recall

    An insurer asked a New York federal court Friday to let it rescind a $10 million policy issued to a frozen foods distributor conducting a nationwide recall over listeria contamination, saying the firm lied on its application about previous safety violations uncovered by state inspectors.

  • February 13, 2017

    Deals Rumor Mill: Stada, Popeye's, Syneron

    Advent International has joined the list of companies rumored to be pursuing German health care products maker Stada, the owner of Burger King and Tim Hortons is pursuing Southern style fast food chain Popeyes and Apax Partners could pay up to $400 million for Israeli medical device maker Syneron.

  • February 13, 2017

    Pa. High Court To Hold Off On Philly Soda Tax Appeal

    The Pennsylvania Supreme Court won’t take 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, according to a notice filed Monday.

Expert Analysis

  • Texas Roadhouse Age Bias Trial Shows Relevance Of ADEA

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    Discrimination class actions seldom go to trial, let alone pattern-or-practice hiring cases like the recent case U.S. Equal Employment Opportunity Commission v. Texas Roadhouse. The lawsuit's testimony gives us a rare, close-up look at the possible areas of disconnect between formal corporate equal employment opportunity policies and the actual, on-the-ground realities, say Paul Mollica and Jahan Sagafi of Outten & Golden LLP.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.

  • Opinion

    An Open Letter To The New FTC Chair On Pyramid Schemes

    Jeff Bell

    While network marketing can be a tool for entrepreneurial success, some firms still rely on tricks and get-rich-quick claims. Outgoing Federal Trade Commission Chairwoman Edith Ramirez addressed the issue of pyramid schemes in an important speech last fall. The new head of the FTC should give Ramirez's ethical guidelines in this area the force of law, says Jeff Bell, CEO of LegalShield.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Roust’s Rapid Road To Chapter 11 Confirmation

    Fredric Sosnick

    The confirmation of Roust Corp.'s prepackaged reorganization plan by the Southern District of New York bankruptcy court less than a week after the company's bankruptcy filing suggests that under appropriate circumstances, the notice period for confirmation of a prepackaged Chapter 11 case could start to run even before the case is commenced, say attorneys with Shearman & Sterling LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • TC Heartland And The New Old Venue Rule

    John F. Murphy

    If the U.S. Supreme Court agrees with the petitioner in TC Heartland v. Kraft, for the first time in 26 years plaintiffs bringing patent infringement suits will often have to show that defendants have a “regular and established place of business” in the judicial district. It’s time to blow the dust off the old cases and figure out just what is a “place of business” and what makes it “regular and established,” says John Murphy of BakerHostetler.

  • An Update On Merger Filings In China

    Wei Huang

    In 2016, the law enforcement activities of China's Anti-Monopoly Bureau remained highly active — a record 378 transactions were filed, 360 transactions were placed on file, and 395 cases were closed. The agency's merger review has grown more efficient, say attorneys with Tian Yuan Law Firm.