Food & Beverage

  • August 15, 2017

    Chicago-Area Retailers Ask Appeals Court To Block Soda Tax

    A group of Chicago-area store owners Monday urged a state appeals court to block Cook County's controversial penny-per-ounce tax on sweetened beverages, pointing to recently filed class action lawsuits and warnings from the U.S. Department of Agriculture as support for the emergency motion.

  • August 15, 2017

    Landry's Wins Ch. 11 Auction For Joe's Crab Shack, Taverns

    Landry's Inc. will seek court approval Thursday of its winning $57 million bid for Joe's Crab Shack parent company Ignite Restaurant Group Inc., an offer that topped the stalking horse bid at the bankruptcy auction by $7 million, records show.

  • August 15, 2017

    FDA Warning Wire: Another Co. Blasted For Belladonna

    The U.S. Food and Drug Administration laid into another homeopathic company over children’s teething products containing belladonna, upbraided a Chinese drugmaker for slack quality control, and scolded a bakery’s management for not knowing basic sanitation practices.

  • August 15, 2017

    Champs’ $52M Deal With Processor Ripped By Class Member

    A member of a class of restaurants and retailers objected Monday to a $52 million cash settlement to end claims brought against Mercury Payment Systems LLC by lead plaintiff Champs Sports Bar & Grill alleging Mercury charged bogus fees, telling a Georgia federal judge that not enough work was done to ensure a fair deal.

  • August 15, 2017

    FDA Fires Back Against Suit Over Delayed Menu Labeling

    A lawsuit challenging the delay of mandatory menu labeling at chain restaurants and grocers should be chewed up and spit out because challengers haven’t been concretely harmed by the delay, the U.S. Food and Drug Administration told a D.C. federal judge on Monday.

  • August 15, 2017

    CFTC Orders Sugar Trader To Pay $300K For Wash Trades

    A unit of a Brazilian sugar and ethanol giant that used improper wash trades to resolve account imbalances has agreed to pay $300,000 to end an investigation by the U.S. Commodity Futures Trading Commission, the regulator said on Tuesday.

  • August 15, 2017

    Pa. Woman Says Rodent Was Baked Into Chick-Fil-A Sandwich

    A Pennsylvania woman ordered a Chick-fil-A chicken sandwich with no butter, no pickles and, impliedly, no vermin, but instead received a sandwich with a small rodent baked into the bun, according to a complaint filed in state court.

  • August 15, 2017

    Fla. Consumer Fights To Keep Burger King Receipt Suit Going

    A Florida man urged a federal court Monday to deny Burger King's bid to dismiss his proposed class action alleging the restaurant printed too many credit card digits on receipts, arguing that his claim meets the requirement for “concrete injury” established in 2016 by the U.S. Supreme Court.

  • August 15, 2017

    Calif. Farmer To Pay Fine To End Fight Over Wetlands

    A California farmer accused of plowing over protected wetlands in violation of the Clean Water Act reached a deal with the U.S. Department of Justice on Tuesday just before the start of a trial on damages, agreeing to shell out $1.1 million to cover mitigation and civil penalties.

  • August 15, 2017

    SlimFast Says Supplier Retaliated For Canceled Contract

    The maker of SlimFast diet drinks hit its former exclusive supplier with a suit in New York federal court, alleging that the provider retaliated against it for terminating their contract and compelled it to accept more than doubled fees per bottle shortly before the diet industry’s busiest season.

  • August 15, 2017

    Amazon Seeks Private Debt To Fund $13.7B Whole Foods Deal Inc. said Tuesday that it would conduct a private debt offering to finance its $13.7 billion acquisition of Whole Foods Market Inc., a rare move by the debt-shy tech and retail giant that has been in the works since the deal was announced in June.

  • August 15, 2017

    USDA Approves Imports Of Colombian Avocados

    The U.S. Department of Agriculture signed off on opening U.S. markets to avocado imports from Colombia in a decision published Tuesday, concluding the South American country's effort of more than 10 years to gain access to U.S. markets.

  • August 15, 2017

    SEC’s $104M Bid Is Too High, Penny Stock Manipulator Says

    The final defendant in a U.S. Securities and Exchange Commission case involving a “pump-and-dump” penny stock scheme for a Bob Marley-branded coffee company accused the SEC of overreaching in its $104 million bid for monetary relief, saying the proposed penalty is too high and doesn’t reasonably approximate his pecuniary gain.

  • August 15, 2017

    Egg Producers Lose Bid To Decertify Class In Price-Fix MDL

    Egg producers on Monday lost in their effort to unravel the certification of a class of direct egg purchasers accusing them of participating in a price-fixing conspiracy, with a Pennsylvania federal judge saying that the companies were mostly rehashing old battles.

  • August 15, 2017

    Teamsters Acquitted In 'Top Chef' Extortion Case

    Four Massachusetts Teamsters were acquitted Tuesday of trying to strong-arm a “Top Chef” television production into hiring union labor at a picket that turned violent.

  • August 14, 2017

    Buffalo Trace Ends TM Trial With Plea To Bar Wine’s Label

    Sazerac Co. asked a California federal judge to force Fetzer Vineyards to stop using the image of a buffalo on its “bourbon barrel-aged” wine during closing arguments in a bench trial Monday, saying the label infringed on Sazerac’s Buffalo Trace bourbon, while Fetzer countered that not one consumer had confused the brands.

  • August 14, 2017

    Agriculture Co. Fights Order Axing Challenge To $1.4M Award

    An agricultural processing company has appealed a Singapore court’s rejection of its challenge to a $1.4 million arbitral award issued to a trading company in a dispute over a corn sales contract, a decision a judge had made when he found the arbitral tribunal had not exceeded its jurisdiction.

  • August 14, 2017

    Jury ‘Not Sure How To Go On’ In ‘Top Chef’ Extortion Case

    Jurors considering the fate of four Boston-area Teamsters accused of strong-arming a “Top Chef” TV crew into giving them unnecessary truck-driving work entered their 18th hour of deliberations Monday while suggesting a possible impasse and a lone holdout.

  • August 14, 2017

    TerraVia Wants IP Award Row Sent To Del. Bankruptcy Court

    Bankrupt algae-based food producer TerraVia Holdings Inc. asked a district court judge in Delaware to transfer two lingering intellectual property suits to bankruptcy court late Friday, saying closure is critical to the company’s planned Chapter 11 auction.

  • August 14, 2017

    Mike And Ike Maker Sued Over ‘Deceptive’ Underfilled Boxes

    The maker of Mike and Ike candy was slapped Monday with a proposed multimillion-dollar class action in federal court accusing the company of using “blatantly deceptive and misleading” packaging that’s about 30 percent empty, in violation of California’s consumer, false advertising and unfair competition laws.

Expert Analysis

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • How DOL Opinion Letters Are Of Value To Employers

    Amy Traub

    In a welcome change for employers, the U.S. Department of Labor recently announced that it will once again begin issuing and making available to the public its opinion letters. Beyond offering much-needed guidance on the law, this announcement is also helpful to employers that find themselves already in litigation, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • Opinion

    H-2B Visas And The Making Of An 'Ultra Vires' Regulation

    Daniel Kowalski

    The U.S. Department of Homeland Security and the U.S. Department of Labor recently published a temporary rule issuing an additional 15,000 H-2B visas. However, for many H-2B-dependent employers, this was too little, too late, says Daniel Kowalski of Ware Immigration.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Key Food And Beverage Agreement Considerations For Hotels

    Samantha Ahuja

    As the food and beverage element becomes an increasingly significant part of a hotel's brand, owners are now faced with more complex agreements and options for how to increase customer flow and revenue. When devising an F&B plan and agreement, considering the various legal aspects is more important than ever before, say Samantha Ahuja and David Reina of Morris Manning & Martin LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • EU-Canada Trade And Trademarks: What CETA Means For Feta

    Diana Wade

    The Comprehensive Economic and Trade Agreement will require Canadian producers and distributors — and U.S. producers who also wish to sell in Canada — to develop different trademark filing and marketing strategies based on where a cheese product is sold, says Diana Wade of Knobbe Martens.