Food & Beverage

  • January 11, 2017

    E-Retailer Settles Coverage Fight Over Google Ad TM Claims

    Sentry Insurance and an e-commerce company have settled a coverage suit related to underlying trademark dilution allegations over Google ad keywords brought by online fruit-basket seller Edible Arrangements, according to court documents filed Tuesday.

  • January 11, 2017

    Anheuser-Busch Hit With Rest Break Class Action In Calif.

    Anheuser-Busch allegedly fails to give its delivery and store merchandise employees proper rest breaks and doesn't compensate them with overtime pay, according to a proposed class action filed in California state court this week.

  • January 11, 2017

    Texas Roadhouse Boss Copped To Age Bias, HR Rep Says

    A high-ranking official at Texas Roadhouse openly admitted that the company discriminated against older applicants for certain jobs, a human resources employee told a federal jury in Boston on Wednesday.

  • January 11, 2017

    Grocer Not Covered For Shareholder Fight, 8th Circ. Affirms

    The Eighth Circuit on Wednesday affirmed a lower court's ruling that Minnesota-based grocery chain Jerry’s Foods' insurer has no duty to defend or indemnify the retailer, saying its directors and officers liability policy from U.S. Specialty Insurance Co. doesn't cover a shareholder dispute that broke out following the death of its founder.

  • January 11, 2017

    Performance Food Group Unveils $229M Secondary Offering

    The Blackstone Group LP continued to shed its stake in food services company Performance Food Group Co. on Wednesday, raising about $221.6 million from the sale of 9.7 million shares in its second secondary offering in as many months.

  • January 10, 2017

    Labor Nominee Puzder's Workers Sound Off At Dems' Forum

    Sens. Elizabeth Warren, D-Mass., and Patty Murray, D-Wash., led a forum Tuesday in which they heard testimony from workers at Carl’s Jr. and Hardee’s, the fast food chains operated by U.S. Labor Secretary nominee Andrew Puzder, detailing instances of wage theft and other restrictive employment practices.

  • January 10, 2017

    Real Estate Rumors: Related, Truck Yard, Sam Chang

    Related and Oxford have reportedly scored $195 million in tax breaks for their $4 billion Hudson Yards tower, Truck Yard is said to be taking space at a new development in Houston, and Sam Chang has reportedly dropped $95 million on a Wall Street Club Quarters hotel.

  • January 10, 2017

    Labor Group, House Dems Attack DOL Pick's Biz Practices

    Employees at Carl’s Jr. and Hardee’s, the fast-food chains operated by President-elect Donald Trump’s labor secretary nominee Andrew Puzder, were subjected to rampant wage theft and scores of female employees were victims of pervasive sexual harassment, according to a scathing report issued Tuesday by a pro-worker group.

  • January 10, 2017

    ChemChina, Syngenta Offer EU Antitrust Fixes For $43B Deal

    China National Chemical Corp. and Syngenta AG have offered European antitrust regulators concessions to assuage concerns that ChemChina’s planned $43 billion takeover of the Swiss firm would harm competition.

  • January 10, 2017

    Anglers Jumped The Gun On $43M Wind Lease Suit, Feds Say

    A coalition of fishing groups and municipalities suing to block the issuance of a $43 million wind energy lease off the coast of New York have no grounds for their environmental claims, the Bureau of Ocean Energy Management told a D.C. federal court on Monday, urging the court not to block the agency from finalizing the sale to a unit of Statoil ASA.

  • January 10, 2017

    WTO Appeals Body To Decide Russia-EU Pork Row By Feb. 23

    The World Trade Organization’s Appellate Body said Tuesday it is wrapping up its analysis of a decision faulting Russia’s food safety restrictions on the European Union’s pork shipments and expects to issue a decision in the case by Feb. 23.

  • January 10, 2017

    Whole Foods Hit With Class Action Over Supplement Claims

    Whole Foods Market Inc. was hit with a putative class action in Illinois federal court Monday, accusing the grocer of falsely marketing its St. John’s Wort supplement product as “standardized” when testing reveals different bottles contain different amounts of the active ingredient.

  • January 10, 2017

    Booze Distributor Settles DOL's Race Bias Claims

    A liquor distribution company that contracts with the federal government has agreed to pay $175,000 and to extend 13 job offers to settle allegations that it discriminated against hundreds of African-Americans seeking to work at a Louisiana warehouse, the U.S. Department of Labor announced on Monday.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

  • January 9, 2017

    Policy Doesn't Cover Octopus Mislabeling Suit, Insurer Says

    National Fire Insurance Co. of Hartford on Monday asked a Florida federal judge to rule that it doesn't have to cover a seafood importer's costs to defend a putative class action alleging it falsely advertised jumbo squid as octopus, arguing the underlying action doesn't claim any potentially covered damages.

  • January 9, 2017

    CITIC, Carlyle Take $2B Stake In McDonald’s China Biz

    China’s CITIC and The Carlyle Group are teaming up to form a partnership that will buy the majority of McDonald’s mainland China and Hong Kong business in a $2.08 billion deal and act as the master franchisee for 20 years, according to a Monday statement.

  • January 9, 2017

    Texas Roadhouse’s Recipe Was Age Bias, EEOC Tells Jury

    Texas Roadhouse engaged in blatant age discrimination when it rejected job seekers with sticky notes on their applications that said things like “older,” “super old,” “old and chubby” and “old chick,” a government agency suing the restaurant chain told a federal jury in Boston Monday.

  • 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.

Expert Analysis

  • How Trump May Impact EEOC Subpoena Ruling At High Court

    Anne Knox Averitt

    President-elect Donald Trump’s election injects uncertainty into the U.S. Supreme Court’s makeup and its future rulings, including for employment-related cases. Employers might view this election as a win, given the influence it could have on the ruling in McLane v. U.S. Equal Employment Opportunity Commission, say attorneys at Bradley Arant Boult Cummings LLP.

  • 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

    Kluft_David_FoleyHoag.jpg

    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.