Food & Beverage

  • June 19, 2017

    Tea Co. Blasts ‘War’ On Coconut Oil In Mislabeling Suit

    A tea company asked a California federal court to dismiss a proposed class action alleging it mislabels coconut oil as healthy when in fact it consists mostly of saturated fat, saying a dose of fat is beneficial and objecting that the plaintiffs never bought the product they now claim harmed them.

  • June 19, 2017

    Coke Buyers Seek Class Cert. In 'No Artificial Flavors' MDL

    Consumers from six states on Friday asked a California federal judge to certify classes in multidistrict litigation accusing Coca-Cola Co. of misleading people about added preservatives and artificial flavors in its “Coke” products, while slamming a Coca-Cola expert who said it’s unlikely people buy Coke because they think it’s healthy.

  • June 19, 2017

    Broker Trims Tropical Smoothie's Suit Over Insurance Woes

    A Georgia federal judge on Friday dismissed selected claims from a suit claiming an insurance broker misrepresented key facts and caused coverage to later be jeopardized in a contaminated-food suit against a smoothie shop policyholder, saying that, among other things, the brokering contract was vague.

  • June 19, 2017

    High Court Won't Take On Spokeo Divide In Card Receipt Row

    The U.S. Supreme Court said Monday that it would not review the lawsuit of a man who accused a Native American tribe-owned restaurant in Wisconsin of failing to properly truncate customer receipts, leaving in place a Seventh Circuit ruling that tossed his claims.

  • June 16, 2017

    Beef Co. GC Says ABC's 'Pink Slime' News Sank Its Sales

    Beef Products Inc.’s general counsel told a South Dakota jury Friday that ABC’s reporting calling its beef product “pink slime” nearly killed the company, saying its sales of the product dropped by roughly three-quarters after ABC went to air.

  • June 16, 2017

    Brand Battles: Nintendo, Conagra, Volkswagen

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nintendo fights a megachurch over "Switch," Conagra asks the board for consistency over "Choice Cuts" frozen meals, and Volkswagen asserts its trademark rights in the shape of its iconic van.

  • June 16, 2017

    NJ ShopRite Cleared Of Negligence Over Worker's Photos

    A New Jersey appellate court ruled Friday that a ShopRite store couldn’t be held responsible for a store employee convicted of taking photos of a 6-year-old customer and pulling up her shirt, saying there was no evidence the store knew of any prior similar behavior.

  • June 16, 2017

    Conspirator In Fake 5-Hour Energy Scheme Gets 6 Months

    A conspirator who pled guilty in California federal court to being part of a scheme to peddle fake 5-Hour Energy drinks was sentenced Thursday to six months in prison and ordered to pay $555,801 in restitution to Living Essentials LLC, the drink’s maker.

  • June 16, 2017

    Univ. of Alabama Fan Agrees To End Coca-Cola TCPA Suit

    An Alabama federal magistrate judge on Friday ended a University of Alabama fan’s proposed class action accusing Coca-Cola and a marketing company of sending unsolicited text messages in a legal battle spanning more than four and a half years.

  • June 16, 2017

    Ex-Commerce Employee Found Guilty On Bribery Charges

    A Virginia federal jury has convicted a former information technology worker at the U.S. Department of Commerce of receiving bribes in exchange for awarding lucrative contracts and funneling the payments through a restaurant business he owned, federal prosecutors announced on Thursday.

  • June 16, 2017

    Dow-DuPont Deal Highlights Division's Immunity To Politics

    The U.S. Department of Justice’s clearance of Dow and DuPont’s bid to merge into a $130 billion chemicals giant, one of the first megadeals to secure approval under the new administration, is the latest sign that merger reviews are largely insulated from politics.

  • June 16, 2017

    Taxation With Representation: Wachtell, Weil, Paul, Gibson

    In this week’s Taxation With Representation, Amazon announces a blockbuster deal to buy Whole Foods for $13.7 billion, Canadian cable operator Shaw Communications sells its U.S. data center company ViaWest for $1.675 billion, and private equity firm Liberty Hall Capital Partners purchases Dunlop Aircraft Tyres in a deal worth roughly $135 million.

  • June 16, 2017

    Grubhub Wants To Sanction Driver For Confidential Info Leak

    Grubhub Inc. on Thursday moved for sanctions in California federal court against a lead plaintiff in a proposed wage-and-overtime class action, accusing him of violating a protective order in the case by publicly disclosing nearly 300 pages of material designated as “confidential.”

  • June 16, 2017

    Luxury Candy Seller Says Competitor Isn't Acting Sweet

    High-end candy retailer Sugarfina Inc. slapped a competitor with an infringement suit Thursday in California federal court, alleging that Sweet Pete’s LLC has tried to capitalize on its success by copying its innovative packaging and products, confusing consumers in the process.

  • June 16, 2017

    Pecan Co. Says Nut Supplier Is Responsible In $1.5M Hack

    A pecan wholesaler told a Texas federal judge on Thursday that it does not owe $1.5 million to a Mexican nut distributor after allegedly transferring payments meant for the distributor to a third-party hacker who changed the wiring instructions via email, saying it had no idea it had paid a hacker.

  • June 16, 2017

    Gizmo Beverages Sues Ex-Chair For TM Infringement

    Gizmo Beverages Inc., which owns the patent rights to a device that stores fresh ingredients inside a nitrogen-pressurized chamber for later use in drinks and other products, has sued its former chairman in California federal court for trademark infringement, cyberpiracy and illegally taking possession of the company’s property.

  • June 16, 2017

    Amazon Inks $13.7B Whole Foods Buy

    Amazon announced Friday it will buy Texas-based natural grocery retailer Whole Foods Market Inc. in a $13.7 billion deal, including debt, as the online retail heavyweight further broadens its offerings.

  • June 15, 2017

    Judge Recommends Insurer Win In Pet Food Coverage Case

    Colony Insurance should not have to cover Custom Ag Commodities for its role in a massive pet food adulteration fight, a Texas magistrate judge recommended Thursday, saying Custom Ag has presented no convincing arguments for coverage under an ad injury policy.

  • June 15, 2017

    'Pink Slime' Coiner Tells Jury USDA Approval Was Wrong Call

    The former U.S. Department of Agriculture microbiologist who first called Beef Products Inc.’s trimmings product “pink slime” testified Thursday in the company's defamation trial against the ABC network that the “weird” looking product should not have been approved for use in ground beef.

  • June 15, 2017

    NYC Eatery Says Its TM Doesn't Tread On Condiment Co.'s

    A New York City restaurant chain known for its “roadhouse” style atmosphere asked a federal judge Thursday to clear it of trademark infringment accusations by a condiment maker that sells a brand of barbecue sauce under the same name, saying there was no likelihood of confusion between the two.  

Expert Analysis

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Discovery Sanctions Get Sanctioned

    Alan Hoffman

    Last month the U.S. Supreme Court reversed a sanctions order issued in Goodyear v. Haeger for bad faith discovery misconduct. And the Eighth Circuit recently reversed a district court sanctions order issued for “obstructive deposition practices.” While these sanctions were judged excessive, litigators must remember that aggressive discovery tactics are always a bad idea, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Case For A Lawyer As Chief Operating Officer

    Nate Bennett

    It is wise to consider looking for a potential chief operating officer in what some might consider an unconventional place — the ranks of the legal profession. A risk-conscious attorney may serve as a good counterweight to a more enterprising CEO, say Dr. Nathan Bennett of Georgia State University and Matt Bedwell of The Miles Group LLC.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • When You Can't Fire An Employee For A Nasty Facebook Post

    Stephanie Caffera

    Employee discipline may seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. The Second Circuit's recent decision in National Labor Relations Board v. Pier Sixty demonstrates several related lessons, including how the NLRA continues to be construed much more broadly than employers generally expect, say attorneys with Nixon Peabody LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.