Food & Beverage

  • March 27, 2017

    ‘Manure Nutrients’ Don’t Absolve Alleged Polluter, Court Says

    A California federal judge on Friday shot down Hollandia Dairy Inc.’s bid for a quick win in a suit brought by a resort owner related to an environmental cleanup dispute with San Diego County, rejecting the dairy company’s attempt to pass off alleged lake pollution as “nutrients” found in cow manure.

  • March 27, 2017

    Longfellow Nabs $78M Loan From Citizens Bank, Capital One

    Citizens Bank NA and Capital One Financial Corp. have loaned $77.5 million to Longfellow Real Estate Partners LLC for a technology-focused office project that will include restaurant and retail components, according to a release Monday from borrower-side broker Holliday Fenoglio Fowler LP.

  • March 27, 2017

    Dean Foods, Food Lion Settle Antitrust Suit On Trial's Eve

    Just days before a trial was set to begin, Food Lion LLC agreed to dismiss claims that Dean Foods Co. participated in a conspiracy to to limit competition for dairy products after the parties reached a settlement, according to court documents filed Sunday.

  • March 27, 2017

    EU Competition Watchdog OKs Dow, DuPont Deal With Fixes

    The European Union’s competition watchdog cleared the anticipated combination of Dow and DuPont following an in-depth review, allowing for the creation of a $130 billion chemicals giant so long as the companies make good on their promised divestitures, according to a Monday announcement.

  • March 24, 2017

    Aykroyd's Booze Brand Survey Was 'Unrealistic,' Jury Hears

    Tequila company Element Spirits on Friday defended itself against claims it ripped off Dan Aykroyd’s Crystal Head Vodka’s unique skull-shaped bottle, calling an expert to testify in the California federal jury trial that a survey showing consumers confused the two brands was “unrealistic.”

  • March 24, 2017

    Jimi Hendrix's Brother Hits Adopted Sis With Libel Suit

    In the ongoing family feud over licensing rights related to Jimi Hendrix’s name and image, brother Leon Hendrix on Thursday launched a defamation suit in Washington state court against his adopted sister, saying she’s excluded the deceased rockers’ “blood” relatives from the “benefit” of his legacy.

  • March 24, 2017

    Taxation With Representation: Latham, Kirkland, Simpson

    In this week’s Taxation With Representation, Capitol Acquisition combined with Cision to go public in a $2.4 billion deal, a private equity firm acquired Checkers Drive-In Restaurants for $525 million, and a Connecticut-based data analytics service provider bought a risk management software firm for $205 million.

  • March 24, 2017

    8th Circ. Rules Cargill's Refusal To Bargain Flouted Labor Law

    The Eighth Circuit in a precedential ruling Friday rejected Cargill Inc.'s challenge to the National Labor Relations Board's conclusion that it engaged in an unfair labor practice by refusing to bargain with a union in protest of its certification as the collective bargaining representative of employees at a California plant.

  • March 24, 2017

    Instacart Delivers $4.6M To Escape Labor Suit

    The grocery delivery service Instacart has reached a $4.63 million settlement resolving proposed class action claims that the tech company misclassified its shoppers as independent contractors when they were actually employees so the company didn’t have to pay minimum wages or overtime, according to court documents filed in Los Angeles Superior court.

  • March 24, 2017

    DLA Piper Guides Inventure Foods In $23.7M Pictsweet Sale

    In a deal led by law firm DLA Piper, food marketer and manufacturer Inventure Foods Inc. on Thursday said that it has sold its Fresh Frozen Foods unit to The Pictsweet Co. in a cash transaction for approximately $23.7 million.

  • March 24, 2017

    BIA Can Ditch Liability In Flooded Spuds Suit, Judge Says

    An Idaho federal judge gave a quick win to the Bureau of Indian Affairs on Friday in a suit brought by a potato farmer who alleged the agency was liable for $300,000 in flooding damage to his crops caused by the Fort Hall Irrigation Project, saying BIA never assumed a duty to maintain private farm ditches.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    Cosi Files New Creditor-Backed Reorganization Plan

    Bankrupt fast-casual restaurant chain Cosi Inc. filed a new Chapter 11 reorganization plan backed by its official committee of unsecured creditors on Thursday in Massachusetts bankruptcy court.

  • March 24, 2017

    ITA Removes Certain Vietnamese Cos. From Fish Duty Review

    The U.S. Department of Commerce's International Trade Administration announced Friday that it is removing certain exporters from its administrative review of an anti-dumping duty order on frozen fish fillets from Vietnam, though it is keeping intact the margins from its preliminary results.

  • March 24, 2017

    Arby's Faces Consumer Class Action Over Data Breach

    Arby’s Restaurant Group Inc. was slapped with a proposed class action in Georgia federal court Thursday alleging that the fast-food chain’s lacking data security measures left the door open for a breach that went undetected for nearly three months, leaving consumers’ information compromised.

  • March 24, 2017

    No Rehearing For Koch Foods In EEOC Fight Over Visa Info

    The Fifth Circuit Thursday denied Koch Foods of Mississippi LLC’s request that it rehear a decision finding that the company cannot compel the release of identifying visa application information on employees who have brought a sexual harassment suit against it, but after the appeals court revised the decision in favor of Koch.

  • March 23, 2017

    Dan Aykroyd Breaks Down Booze Bottle Angles In IP Trial

    Comedy legend Dan Aykroyd on Thursday told a California federal jury that a tequila company had ripped off his Crystal Head Vodka brand’s unique skull-shaped bottle, pulling out a ruler to dissect what he said are obvious similarities between the two bottles.

  • March 23, 2017

    Chancery Says Release From Co. In Receivership Binding

    A Delaware Chancery judge ruled Thursday that an indemnification agreement the former president of Southern China Livestock Inc., which was put into receivership after abandoning the U.S. markets, struck was binding and blocks him from breach of fiduciary duty claims from the company’s receiver.

  • March 23, 2017

    Feed Co. Must Face Ex-Workers’ Same-Sex Harassment Suit

    A Pennsylvania federal judge on Wednesday refused to dismiss an employment discrimination suit from a former pet food company employee that claimed her ex-boss’ wife, who was also an employee, sexually harassed her, saying the amended complaint sets forth plausible same-sex sexual harassment and gender discrimination claims.

  • March 23, 2017

    Utz Vendor Gets 3 Years For $1.4M False Invoice Scheme

    A Pennsylvania federal judge sentenced a businessman to three years in prison Thursday for conspiring with an Utz Quality Foods Inc. executive to bilk the snack company out of $1.4 million through a string of false invoices.

Expert Analysis

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • When Grumpy Cat Becomes Grumpy Plaintiff: Memes In Court

    Alexander Ziccardi

    While memes’ influence on politics and pop culture is widely acknowledged, little attention has been paid to the legal risks facing the people who create and post memes. That soon may change. Memes have begun popping up in a handful of lawsuits that mirror the kinds of claims that have long been brought against more traditional media, says Alexander Ziccardi of Levine Sullivan Koch & Schulz LLP.

  • Beware Unintended Consequences Of Class Action Reform

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    The U.S. House of Representatives currently has before it a bill — H.R. 985 — intended to reduce abusive class action and mass tort practices that undermine the integrity of the legal system. Class action litigation does need reform, but some features of this legislation could perpetuate existing problems and create new ones, say Anthony Anscombe and Mary Beth Buckley of Sedgwick LLP.

  • NY Employers Can't Avoid Overtime And Minimum Wage Regs

    Joshua Zuckerberg

    When a district court judge in Texas enjoined the U.S. Department of Labor’s federal overtime rule last year many employers breathed a sigh of relief. However, there are many states, like New York, that have expressed a real intent to fill the void and make sure that labor protections continue, say Joshua Zuckerberg and LaKeisha Caton of Pryor Cashman LLP.

  • Cannabis Industry Standards: ASTM May Fill The Vacuum

    James Ravitz

    There are no uniform standards to ensure cannabis is produced and processed in a way that protects consumer health and safety. State regulators in Colorado, California and elsewhere have tried to fill the gap, but this patchwork approach is far from perfect. ASTM International's newly announced plan for cannabis industry standards could be beneficial, say James Ravitz and Emily Leongini of Arent Fox LLP.

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Insights From Oral Arguments In McLane V. EEOC

    Anne Knox Averitt

    Although the only issues before the U.S. Supreme Court in McLane v. U.S. Equal Employment Opportunity Commission are the appellate review standard and the relevance of employee contact information, it will behoove employers if the court sheds additional light on how to factor other considerations in responding to EEOC subpoenas, says Anne Knox Averitt of Bradley Arant Boult Cummings LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.