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Food & Beverage

  • September 10, 2018

    Consumers Denied Cert. In False Ad Suit Over Diet 'Crystals'

    A California federal judge on Monday declined to certify a class of consumers alleging that now-defunct Sensa falsely advertised its weight-loss "crystals," which were meant to be sprinkled on food and purportedly caused users to feel full, pointing to issues with an arbitration clause posted on its website.

  • September 10, 2018

    Costco Can't Dodge Title VII Verdict For EEOC At 7th Circ.

    The Seventh Circuit on Monday upheld a win for the U.S. Equal Employment Opportunity Commission in its Title VII suit alleging that Costco Wholesale Corp. failed to protect a female worker from a customer's harassment, also holding that the lower court should have considered back pay for her unpaid medical leave.

  • September 10, 2018

    Can BigLaw Avoid Another Associate Purge?

    The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?

  • September 10, 2018

    Okla. Urges Justices To Rebuff Tribe's Tax Arbitration Case

    The state of Oklahoma on Monday asked the U.S. Supreme Court to reject a petition by the Citizen Potawatomi Nation seeking to restore its $27 million arbitration victory for an exemption from state alcohol sales taxes, saying there is no circuit split at stake and that only a limited group of tribes would be affected by the ruling.

  • September 10, 2018

    Severson & Werson Adds 3 Partners To Trial Practice

    Severson & Werson has expanded its trial practice, bringing three new partners versed in a variety of court cases to its San Francisco office from Archer Norris PLC.

  • September 10, 2018

    Fed. Circ. Affirms Chinese Honey Co.'s Duty Calculation

    The Federal Circuit on Monday affirmed the U.S. Court of International Trade’s decision to uphold anti-dumping duties on a Chinese honey exporter, rejecting the exporter’s challenge of the math behind the duties.

  • September 10, 2018

    DC Celebrity Chef Puts Biz In Ch. 11 After Harassment Suit

    Washington, D.C., celebrity chef Mike Isabella has put his restaurant empire into Chapter 11, saying he needs to reorganize after the publicity from a settled sexual harassment suit drove away both customers and investors and forced him to close some locations.

  • September 10, 2018

    Ex-Kitchen Collection Managers' OT Class Action Approved

    A federal judge in Texas on Monday gave the green light to a former store manager at The Kitchen Collection LLC to proceed with his Fair Labor Standards Act collective action against the nationwide kitchen goods store, alleging he and other mangers were misclassified and not paid what they were owed in overtime wages.

  • September 10, 2018

    Commodities Supplier Wants $650K Emergency Award Axed

    Commodities supplier Tradiverse Corp. urged a New York federal court Friday to vacate an interim emergency arbitral award that requires the company to pay a $650,000 bond in proceedings initiated by a Venezuelan commodities merchant, saying it was not treated fairly by the arbitrator.

  • September 10, 2018

    Muscle Milk Buyers Get Partial Cert. In Nutrition Labeling Row

    A California federal judge has partially certified various classes and subclasses of consumers who had sued the makers of Muscle Milk alleging that the company’s product labels overstate the nutritional benefits of the brand’s protein supplements.

  • September 10, 2018

    15 Minutes With Meals On Wheels America’s CLO

    Robert T. Herbolsheimer has been involved with Meals on Wheels America since the mid-1990s, when he first started providing pro bono legal services to the national association dedicated to addressing senior isolation and hunger. He recently detailed the challenges faced by the organization, the aspects that inspire him and the meal he would choose if he were only allowed one option for the rest of his life.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a software developer sue Citibank for breach of contract, a new filing between British Airways and its pension trustees, and a claim brought by African food distributors and major insurers Axa, Allianz Generali and Swiss Re against container shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • September 7, 2018

    Monsanto Can Keep Defenses In San Diego Bay Pollution Row

    San Diego can’t shake Monsanto’s contention that it’s at least partially to blame for pollution in the San Diego Bay, a federal judge ruled Thursday, finding that the agribusiness’ affirmative defenses, including claims the Southern California city and its port district had unclean hands, deserve more evidence before dismissal.

  • September 7, 2018

    UK Equity Firm Partly Escapes Tuna Price-Fix Claims

    The British private equity firm that owns Bumble Bee Foods can largely slip the net of multidistrict litigation over an alleged tuna fish price-fixing plot, a California federal judge ruled, but the firm's American arm still faces potential antitrust class actions.

  • September 7, 2018

    Brand Battles: Hot Pockets, Adderall, Superman

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestlé gets indigestion over "Pocket Bacon," the producer of Adderall isn't pleased about a homeopathic rival that riffs on the name, and Warner Bros. defends the Superman franchise.

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    Hawaii Eatery Group, Workers Send Tip Suit To State Court

    A Hawaii restaurant group and a proposed employee class that accused it of illegal tip pooling have agreed to take their dispute to state court, according to an agreement between the parties approved Thursday by a Hawaii federal court judge.

  • September 7, 2018

    Saul Ewing Atty Creates New Zoning For Largest US Mall

    Mall of America owner Triple Five Group recently cleared a major hurdle in the approval process for its planned mega-mall in Miami — which is slated to be the nation's largest — after Saul Ewing Arnstein & Lehr LLP helped the developer create a new retail-entertainment zoning category the project plans to use.

Expert Analysis

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.