Food & Beverage

  • May 23, 2017

    Harry & David ‘Slack-Fill’ Consumer Suit Comes To A Close

    A “slack fill” consumer protection lawsuit accusing gourmet food gift maker Harry & David LLC of underfilling its Moose Munch popcorn tins was dismissed on Monday in New York federal court when the parties voluntarily brought the suit to an end.

  • May 23, 2017

    Houston Chef Says Restaurant's Noncompete Unenforceable

    A former executive chef at an upscale Houston seafood restaurant has filed a suit accusing his ex-employer of not letting him out of an unenforceable noncompete agreement after turning the venue into a Tex-Mex eatery.

  • May 23, 2017

    Insurer Says It Needn't Cover Farm Co. In Wasp Breeder's Suit

    Colony Insurance Co. asked a California federal court on Monday to let it off the hook in defending a farming company from a $455,000 negligence suit for allegedly supplying pesticide-laden banana squash to a predatory wasp breeder that decimated its wasp population.

  • May 22, 2017

    Bayer Seeks To Collect $455M Award In Dow Patent Row

    Arguing that Dow Chemical Co. had reached the end of its legal rope in a lengthy patent licensing dispute, units of Bayer AG asked a Virginia federal judge on Friday for permission to collect on a more than $455 million arbitration award without waiting for the U.S. Supreme Court to rule on Dow's long-shot petition for review.

  • May 22, 2017

    3 Takeaways From The Supreme Court's Patent Venue Ruling

    The U.S. Supreme Court’s decision Monday to put restrictions on where patent lawsuits can be filed will limit the ability of patent owners to file cases in favorable courts, likely marking the end of the Eastern District of Texas as a patent litigation hot spot. Here, Law360 takes a look at the impact and other possible fallout from the ruling.

  • May 22, 2017

    105 Tons Of Nathan's, Curtis Franks Recalled Over Metal Bits

    John Morrell and Co. is recalling about 105 tons of ready-to-eat Nathan's- and Curtis-brand hot dogs that may be contaminated with metal, the U.S. Department of Agriculture’s Food Safety and Inspection Service said Friday.

  • May 22, 2017

    Retroactive Tax Laws Muddying Businesses’ Future Decisions

    The U.S. Supreme Court’s refusal to review seven cases challenging the backdated application of amended state tax laws leaves businesses in the precarious position of not being able to confidently structure their operations based on either current statutes or earlier court victories.

  • May 22, 2017

    Attorneys React To Supreme Court Patent Venue Ruling

    The U.S. Supreme Court on Monday decided in TC Heartland LLC v. Kraft Food Brands Group LLC to put tighter restrictions on where patent owners can file infringement lawsuits. Here, attorneys tell Law360 why the decision is significant.

  • May 22, 2017

    Consumer Groups Say FDA Dodging Food Safety Duty

    A number of consumer, health and food safety groups on Monday hit the U.S. Food and Drug Administration with a suit in New York federal court accusing it of shirking its responsibility for food safety by allowing food manufacturers to self-certify that certain additives are safe for consumption.

  • May 22, 2017

    Cane Juice Is Sugar Under Federal Law, Jelly Bean Buyers Say

    A proposed class of people who bought Jelly Belly Candy Co.’s “Sport Beans” urged a California federal court not to toss their lawsuit, saying Monday that federal law prohibits the candy maker from using “evaporated cane juice” as a substitute term for sugar on its ingredient lists.

  • May 22, 2017

    Rupari $1.4M Bonus Plan Draws Trustee, Agent Objections

     A proposed employee bonus program floated by Rupari Food Services Inc. drew objection Monday in Delaware from the agent under a prepetition secured credit facility and the United States Trustee over the funding source of the bonuses and the criteria used to award them.

  • May 22, 2017

    Egg Execs Denied Bid For Salmonella Sentence Review

    The U.S. Supreme Court has declined to review the three-month prison sentence a pair of Quality Egg LLC executives received for their alleged role in failing to prevent a national salmonella outbreak, denying their argument that the penalty trampled their constitutional due process rights.

  • May 22, 2017

    Texas Appeals Court Revives New Braunfels River Can Ban

    A Texas appeals court has revived a New Braunfels law that bars those who go tubing along the popular Comal and Guadalupe rivers from using cans and other disposable food and beverage containers, saying a district court doesn’t have jurisdiction to force the city to stop enforcing its ban.

  • May 22, 2017

    The EDTX Exodus: How TC Heartland Narrowed IP Venues

    In a decision predicted to have wide reverberations in the world of patent litigation, the U.S. Supreme Court voted unanimously on Monday to return to a stricter standard for patent venue selection, effectively blocking most future patent cases from the ever-popular Eastern District of Texas. Here’s a look at the history of the TC Heartland case.

  • May 22, 2017

    Celeb-Going NYC Restaurant Settles Tips Suit For $1.1M

    Ex-employees at celebrity-studded French restaurant Bagatelle in Manhattan’s Meatpacking District on Monday asked a New York federal judge to approve their $1.1 million settlement after claiming in a proposed class action that the restaurant broke the law by misappropriating employees’ tips.

  • May 22, 2017

    WTO Dispute Roundup: Members Vie Over Compliance Efforts

    In Law360's latest glimpse at the World Trade Organization's Dispute Settlement Body, Mexico prepares retaliatory tariffs on U.S. goods in their spat over tuna labels, while other countries bicker over compliance efforts in cases on poultry and textiles.

  • May 22, 2017

    Justices Won't Review Wash. State Retroactive Tax Change

    The U.S. Supreme Court on Monday declined to take up an Illinois food distributor’s challenge to Washington state’s retroactive application of amended tax statutes, which stripped the company of its tax-exempt status and nixed its request for a tax refund.

  • May 22, 2017

    High Court Limits Where Patent Suits Can Be Filed

    The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas.

  • May 19, 2017

    Commerce Chops Fresh Garlic Duty After Challenge At CIT

    The U.S. Department of Commerce has abandoned anti-dumping duties on imports of fresh garlic from China, pursuant to a settlement with Chinese producers over a dispute in the U.S. Court of International Trade, according to a notice scheduled to be published Monday in the Federal Register.

  • May 19, 2017

    Ariz. Co. Settles EEOC Bias Claim Brought By Gay Workers

    An Arizona school meal company has agreed to pay $62,500 and correct working conditions to resolve claims by the U.S. Equal Employment Opportunity Commission that the caterer retaliated against gay cooks who complained of a hostile environment.

Expert Analysis

  • Federal Judges Are Tired Of 'Stock' Discovery Objections

    David Goldhaber

    With the latest amendments to the Federal Rules of Civil Procedure now behind us, federal court litigators should take stock of their “stock objections” and put them to rest. Several recent examples from federal courts make this abundantly clear, and state courts are sure to follow, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • Why Medical Marijuana Delivery May Soon Be Legal In LA

    Michael Rosenblum

    California has authorized licensed dispensaries to deliver medical marijuana to qualified patients, but allows municipalities to ban such deliveries. San Jose and other cities have recently lifted their delivery prohibitions. Los Angeles retains its ban, but a recently passed ballot measure and shifting public sentiment suggest that this may change in the coming months, says Michael Rosenblum of Thompson Coburn LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    Sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Scott Gottlieb And The Future Of The FDA

    Kristi Wolff

    The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.