Food & Beverage

  • March 13, 2018

    Bakery Owner Who Bamboozled Banks Gets 5 Years

    A former Connecticut resident who copped to fraud charges for allegedly lying to lenders to secure more than $3 million in financing for his pita bread manufacturing business was ordered by a New Haven federal judge on Monday to serve more than five years in prison.

  • March 13, 2018

    Mott’s Says Vape Co. Infringes Apple Juice Box TM

    A manufacturer of e-cigarette vapor liquids is using a design similar to Mott's LLP’s apple juice boxes to market its apple-flavored vapor liquid, Mott’s alleged in California federal court Monday.

  • March 13, 2018

    Pa. Justices Urged To Ax Philly Soda Tax

    Opponents of Philadelphia's tax on sweetened beverages urged the state's highest court Monday to break with two lower courts that have both found that the levy was not improperly duplicative of the state's sales tax.

  • March 13, 2018

    9th Circ. Clears Starbucks In Underfilled Iced Drink Suit

    The Ninth Circuit affirmed Monday the dismissal of a proposed class action claiming Starbucks Corp. tricks iced-drink buyers by underfilling cups with actual liquid, saying no reasonable consumer would think that a 12-ounce iced drink contains only coffee or tea.

  • March 13, 2018

    Tariffs, Global Blowback Will Cost 495K Jobs, Report Warns

    The Trump administration’s forthcoming tariffs on steel and aluminum and likely retaliation from U.S. trading partners could shed upward of 495,000 jobs in the services, manufacturing and farm sectors, according to a report released Friday by the Washington, D.C.-based analytical firm Trade Partnership Worldwide LLC.

  • March 13, 2018

    NJ Hooters Must Arbitrate With Insurer Over Fatal Crash

    A Hooters restaurant located in an Atlantic City, New Jersey, casino hotel must arbitrate an insurer's claims for reimbursement of the benefits it paid in connection with a fatal car crash that was allegedly caused by a drunk patron, a state appeals court said Tuesday.

  • March 12, 2018

    Syngenta Agrees To Pay $1.5B To End Corn GMO Class Claims

    Syngenta AG has agreed to a $1.51 billion settlement in the nationwide class action over its genetically modified corn seed, with classes of farmers in all but four of the sprawling multidistrict litigation’s cases asking a Kansas federal judge for preliminary approval Monday.

  • March 12, 2018

    Starbucks Wins Partial Dismissal Of Chemical-Coffee Suit

    An Idaho federal judge on Monday partially granted Starbucks Corp.’s motion to dismiss a suit by an Idaho customer who says he ordered coffee and instead got a cleaning chemical that caused months’ worth of internal damage, but gave the man two weeks to try again on certain claims.

  • March 12, 2018

    Rays' Suit Against Stadium Concessionaire Stays In Play

    A lawsuit by the Tampa Bay Rays against longtime concessionaire Centerplate is possibly “too detailed,” a Florida federal judge said Monday, but he found the pleadings sufficient and denied the company's motions to dismiss the breach of contract case and strike certain allegations.

  • March 12, 2018

    Salmonella Detection Prompts Retailer To Recall Powders

    A natural products retailer said Saturday it is recalling three brands of powder made with kratom, a plant used as an opiod substitute, after it learned that samples tested positive for the salmonella organism, which can cause serious and sometimes fatal infections.

  • March 12, 2018

    Sysco Indianapolis Bound By Pension Dispute Decision

    An Indiana federal judge on Friday gave a quick win to a union that said Sysco Indianapolis LLC must adhere to a decision in an employee pension dispute by a joint grievance committee, saying the collective bargaining agreement cemented the result.

  • March 12, 2018

    9th Circ. Panel Wrestles With Email Scam Coverage Battle

    A Seattle-based seafood company urged a Ninth Circuit panel Monday to rule that Travelers must cover losses the company suffered when it was manipulated into wiring funds to a fraudster who posed as a vendor in emails, arguing its crime policy does not limit coverage to direct hacking incidents.

  • March 12, 2018

    7th Circ. Kicks Out Suit Over Wendy's Hacky Sack Promotion

    The Seventh Circuit said Friday that the holder of a Guinness record related to footbags — commonly known as hacky sacks — had no legitimate claim that he was harmed when Wendy’s International Inc. ran a meal promotion encouraging customers to beat Guinness World Records Ltd. footbag records.

  • March 12, 2018

    Credit Unions Fight Chipotle's Bid To Dodge Breach Suit

    A proposed class of banks suing Chipotle Mexican Grill Inc. for exposing diners' credit card numbers in a recent data breach urged a Colorado federal judge Monday to keep its case alive, claiming the burrito chain's lax security created preventable risks that extend beyond the mere loss of funds.

  • March 12, 2018

    Feds Mount Last-Ditch Effort To Save Boston City Hall Case

    Federal prosecutors are set to mount a last-ditch effort on Wednesday to persuade a Massachusetts federal judge to rethink a jury instruction the government says makes it almost impossible to prove a pair of Boston City Hall aides committed Hobbs Act extortion by allegedly pressuring a music festival to hire unneeded union labor.

  • March 12, 2018

    CIT Grants $2.8M Default Judgment Against Rupari For Fraud

    The U.S. Court of International Trade on Friday granted the federal government’s request for a default judgment of nearly $2.8 million against Rupari Food Services Inc., a now-defunct meat and barbecue distributor accused of falsely claiming back in the ’90s that imports of frozen Chinese crawfish were from Thailand to avoid paying antidumping duties.

  • March 12, 2018

    Taco Chain Owner Stole $5.6M In Taxes, Wash. AG Says

    The owner of six Seattle-area taco restaurants was criminally charged with theft for allegedly using illegal technology in cash transactions that let him pocket more than $5.6 million in unpaid taxes, in what is the largest “sales suppression software” case in state history, Washington Attorney General Bob Ferguson said Friday.

  • March 12, 2018

    La. Wrong Venue For Food Co.'s $1M Coverage Spat: 5th Circ.

    The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.

  • March 12, 2018

    Ex-Workers Say Catalina Obscured Facts In Layoff Suit

    Former Catalina Restaurant Group Inc. employees have asked a California federal judge to revive a lawsuit alleging the restaurant operator violated state and federal law by terminating workers without adequate warning, arguing that the company misled the court about how many employees were laid off.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

Expert Analysis

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Translating The USPTO Case Law On Foreign-Language TMs

    Davide Schiavetti

    Foreign-language trademarks can be creative, appealing and exotic, but the doctrine of foreign equivalents presents a risk. It appears that the main criterion used by the Trademark Trial and Appeal Board is still the number of speakers of a given language in the prospective marketplace where the marks will be utilized, says Davide Schiavetti of Rothwell Figg Ernst & Manbeck PC.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A 'More Than Peanuts' Sentence Of Food Company Officials

    Robert Hibbert

    In U.S. v. Parnell, the Eleventh Circuit recently upheld the longest criminal sentences ever imposed in a food safety case. The court's opinion underlines the abiding significance of the criminal sanction within the food safety landscape, say Robert Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.