Food & Beverage

  • March 9, 2018

    Snack Co.’s ‘Quinoa Puffs’ Actually Rice-Based, Suit Says

    A quinoa snack company misrepresents that its quinoa puffs are made primarily with quinoa flour when the main ingredient is likely rice flour instead, according to a proposed class action filed in New York federal court Thursday.

  • March 9, 2018

    Sysco To Sell $1B In New Debt, Pay $200M For Old Debt

    Global food distributor Sysco Corp. said Thursday it has priced $1 billion of new debt and plans to buy as much as $200 million of debt from investors in a cash tender offer.

  • March 8, 2018

    Calif. Farmers Say Water Flow Order Is Unnecessary

    Farms and ranches that use water from a source in northern California and southern Oregon asked a California federal judge Wednesday to modify a water flow order meant to protect salmon populations, arguing that new evidence showed the measures are unnecessary in 2018.

  • March 8, 2018

    Real Estate Rumors: Matt Cohler, Publix, KTB

    Benchmark Capital partner Matt Cohler is said to be buying a New York duplex that had been listed for $35 million, Publix has reportedly bought a Florida shopping center for $15.74 million, and KTB Asset Management is said to have sourced $82 million in financing for a hotel in London.

  • March 8, 2018

    2nd Circ. Vacates Banana Seller's Embezzlement Sentence

    A Second Circuit panel on Thursday said that a New York banana distributor who was convicted of robbing his company’s profit-sharing plan has to be resentenced, but backed both the lower court’s conviction and restitution order.

  • March 8, 2018

    Bagel Chain Ex-CEO Wants Bankruptcy Court To Rule On Pay

    A man who led Boston’s square-bagel restaurant chain the two years before it filed for Chapter 11 insisted Wednesday that a bankruptcy judge in Massachusetts has the authority to — and should — order the company to prioritize his severance pay ahead of many other debts.

  • March 8, 2018

    Deals Rumor Mill: Royal Dutch Shell, Heineken, Prudential

    Oil giant Royal Dutch Shell and private equity firm Blackstone have reportedly teamed up to make a joint offer for assets from BHP, China Resources Beer is mulling a deal for the Chinese business of Heineken, and Prudential’s Malaysian unit is in talks to sell a 30 percent stake.

  • March 8, 2018

    FDA Says European Shellfish As Safe As United States'

    The U.S. Food and Drug Administration said Thursday that the wheels are in motion to allow shellfish to be traded between the U.S. and Europe for the first time in years, after determining that European shellfish is as safe as American.

  • March 8, 2018

    Supervalu, Albertsons Are Checked Out Of Data Breach MDL

    A Minnesota federal judge has tossed multidistrict litigation against Supervalu and Albertsons over two 2014 data breaches, holding Wednesday that the sole shopper leading the action failed to state valid claims against either retailer.

  • March 8, 2018

    Steak 'N Shake Must Face Shooting Victim's Negligence Suit

    A woman shot in the face during an altercation at a Steak 'n Shake restaurant can sue the establishment for failing to provide her adequate protection, an Indiana appeals court ruled Wednesday, reversing a lower court's finding that the shooting was unforeseeable.

  • March 8, 2018

    Bone Broth Nutrition Biz Reaps $103M In Funding

    Ancient Nutrition, a maker of bone broth protein supplements that claims it is “providing history’s healthiest, real food nutrients to the modern world,” said Thursday that the nutrition company has reaped $103 million from an investment led by San Francisco-based private equity firm VMG Partners.

  • March 8, 2018

    Brazilian Investor Snags US Restaurant Group For $100M

    An affiliate of a private equity fund controlled by Brazil’s GP Investments Ltd. said Thursday it will take over U.S. restaurant chain company Bravo Brio Restaurant Group Inc. in a $100 million deal.

  • March 7, 2018

    Dems Say NLRB Should Restart McD's Joint Employer Case

    The National Labor Relations Board’s general counsel should move forward with a yearslong case over whether McDonald’s USA LLC and its franchisees are jointly liable for alleged labor law violations, a group of Democratic senators wrote in a letter Wednesday.

  • March 7, 2018

    Deals Rumor Mill: McLaren, Walmart, Pillsbury

    McLaren shareholders reportedly aren't interested in a stock market offering anymore, Walmart's Brazilian operations may owe up to $3 billion in back taxes, and J.M. Smucker is considering selling off its baking brands, including Pillsbury.

  • March 7, 2018

    Bayer In Talks To Sell BASF Its Vegetable Seed Biz

    Bayer AG said Wednesday it has entered into exclusive talks with BASF SE for the potential sale of its entire vegetable seed business as the German drug and chemical maker looks to ease antitrust concerns over its planned takeover of U.S.-based Monsanto Co.

  • March 7, 2018

    Native Class Rep Tells Justices USDA Deal Must Be Fixed

    A class representative for Native American farmers and ranchers who reached a $680 million settlement over discrimination claims against the U.S. Department of Agriculture pressed the U.S. Supreme Court on Tuesday to hear his challenge to a plan to divide unclaimed funds, saying constitutional violations in the deal aren’t addressed by the government’s decision to block similar plans in future.

  • March 7, 2018

    Frito-Lay Can't Duck False-Ad Claims Over ‘Natural’ Chips

    A California federal judge ruled on Wednesday that Frito-Lay Inc. must face a proposed consumer class action that alleges the company falsely marketed its vinegar-flavored chips as containing only natural ingredients, saying she could not yet determine if one ingredient, malic acid, is an artificial flavor.

  • March 7, 2018

    Bards Of The Bench Pen Spirited Ruling In $18M Wine Row

    A California appellate panel on Wednesday, in the words of the Bard of Avon, agreed with a lower court that a man who spent $18 million on counterfeit fine wine did not sustain a loss to property and is not entitled to coverage under his insurance policy.

  • March 7, 2018

    House Democrats Propose Bill Restricting Tip Pools

    Two congresswomen proposed a bill Wednesday that would block businesses from redistributing tipped workers’ tips without their permission, a day after Labor Secretary Alex Acosta told them he would support a measure that stopped employers from keeping their workers’ tips.

  • March 7, 2018

    Popcorn Snack Maker Hit With Slack-Fill Suit

    The maker of popcorn chips called Popcorners fills the bags more than halfway with unnecessary empty space, essentially making consumers pay for air, says a proposed class action filed Wednesday in New York federal court.

Expert Analysis

  • Approaching Restaurant Leases As A Tenant: Part 2

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP in the final part of this article.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Approaching Restaurant Leases As A Tenant: Part 1

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP.

  • How The Hospitality Industry Is Dealing With Tip Pool Regs

    Margaret Grover

    The hospitality industry has long relied on tips and service charges to augment wages paid to employees. The U.S. Department of Labor has proposed new regulations governing tip sharing, in part as a response to regulations it promulgated in 2011, which have resulted in a split between the federal circuits and a petition for certiorari in the U.S. Supreme Court, says Margaret Grover of Wendel Rosen Black & Dean.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Gene-Edited Crops Ripe For Renewed Regulatory Focus

    Brian Sylvester

    Earlier this month, the U.S. Department of Agriculture released a report on agriculture and rural prosperity highlighting innovations in agricultural biotechnology as a driver of the “fourth industrial revolution.” To foment further innovation in agricultural biotechnology and reduce regulatory burden on industry, the federal regulatory framework should be updated, says Brian Sylvester of Keller and Heckman LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.