Food & Beverage

  • January 4, 2017

    Wonder Fuel Drink Looks To Preempt Pom Wonderful TM Suit

    A coconut oil-based drink manufacturer filed a complaint against Pom Wonderful in California federal court on Tuesday seeking clearance to use its “Wonder Fuel” brand following trademark infringement allegations.

  • January 4, 2017

    Garden Fresh Ch. 11 Sale Looks Murky To Landlords

    Landlords of restaurant sites operated by Garden Fresh Restaurant Intermediate Holding LLC are cooking up a fight over the sale of their leases, arguing in a flurry of Delaware court filings that the bankrupt restaurant chain owner failed to provide the required deal assurances.

  • January 4, 2017

    Veterinarians Accuse Dairy Farm Of Trafficking Scheme

    A group of retired veterinarians from Mexico filed a complaint against an Idaho dairy farm in federal court on Tuesday, alleging they were illegally lured to the U.S. under the promise of professional work as animal scientists but instead ended up being exploited in a human trafficking scheme.

  • January 4, 2017

    Nestle Slapped With False Ad Suit For Underfilled Raisinets

    Nestle was slapped with a proposed class action in California federal court on Tuesday by a consumer alleging the food and drink company "recklessly" underfills its Raisinets boxes, deceiving customers.

  • January 4, 2017

    Kellogg Beats Waffle-Worker's FMLA Suit At 6th Circ.

    The Sixth Circuit ruled Wednesday that Kellogg USA Inc. didn't violate the Family and Medical Leave Act when it terminated an employee for unexcused absences, saying a shop steward's affidavit claiming the machine operator was disciplined more severely than others was not admissible evidence.

  • January 4, 2017

    New Zealand OKs US Turkey Imports

    New Zealand has approved the import of U.S. turkey meat after two years of negotiation, U.S. poultry growers associations announced Tuesday.

  • January 4, 2017

    Nonprofit Director Cops To $1.5M Child Food Scam

    A Tennessee woman on Tuesday admitted to swindling the state’s child care food program out of $1.5 million by fudging the amount of meals served to children and listing fictitious children’s names on reimbursement documents.

  • January 4, 2017

    Judge Filets Price-Fixing Claims In Seafood MDL

    A California federal judge overseeing multidistrict litigation concerning an alleged price-fixing conspiracy in the seafood industry on Tuesday dismissed claims regarding packaged seafood but allowed most accusations of rigging the tuna market to continue.

  • January 4, 2017

    Safeway, Insurer Seek Quick Wins In Shooting Coverage Row

    Seneca Insurance Company on Tuesday pushed for Georgia judge to quickly conclude it owed no coverage towards a man’s underlying suit against Safeway after being shot in its parking lot, while the grocery story chain maintained its policy still applies.

  • January 4, 2017

    MF Global Says Farmers Co-Op Owes $1.7M For Trades

    MF Global Holding Ltd. filed an adversary bankruptcy suit on Tuesday alleging that a farming cooperative owes it $1.7 million for gains on a portfolio of over-the-counter derivatives, after the co-op failed to promptly terminate the trades when MF Global filed for bankruptcy.

  • January 3, 2017

    NYC Vaping Ban Is Constitutional, NY Appeals Court Rules

    A New York City ordinance against smoking e-cigarettes in restaurants, schools and outdoor public spaces prevailed Tuesday, when a state appeals court found that the city’s amendment making vaping subject to the Smoke-Free Air Act was valid, knocking down a Brooklyn-based smokers’ rights group’s assertion the ban was unconstitutional.

  • January 3, 2017

    Yellowstone Dam Faces Likely Challenge Over Fish Worries

    An environmental group will likely challenge a decision by the federal government to construct a new dam on the Yellowstone River that provides water for farmers but allegedly threatens the well-being of a critically endangered fish, according to a filing in Montana federal court.

  • January 3, 2017

    9th Circ. Upholds Cert. In ConAgra’s GMO False Label Row

    The Ninth Circuit on Tuesday upheld the certification of a consumer class alleging “all natural” labels on ConAgra's Wesson cooking oil misled customers concerned about genetically modified organisms, saying in a published opinion the rules of civil procedure do not require a plan for identifying class members so early in a case.

  • January 3, 2017

    EU Extends Deadline On $43B ChemChina-Syngenta Review

    The European Union’s antitrust regulator on Tuesday issued its second extension to the deadline for approving ChemChina’s planned, $43 billion takeover of Swiss agrochemical company Syngenta, after launching an in-depth investigation in October.

  • January 3, 2017

    Dancers Look For Cert. In Ky. Strip Club Class Action

    Dancers suing a Kentucky strip club for making them sign "unconscionable" labor contracts that misclassified them as contract workers asked a federal judge Tuesday for conditional class certification, arguing that notice should be sent to other entertainers who worked for the club and were subject to the alleged employment violations.

  • January 3, 2017

    Garden Fresh Says Only Qualified Bid Is Stalking Horse's

    Restaurant chain owner Garden Fresh Restaurant Intermediate Holding LLC said last week that it received no qualified offers for its assets other than a stalking horse bid from prepetition term loan lenders, and that an auction planned for Tuesday would be canceled.

  • January 3, 2017

    Vodka Distributor Roust Hits Ch. 11 Again

    Vodka producer Roust Corp. has filed for Chapter 11 bankruptcy protection in Manhattan, almost four years after predecessor Central European Distribution Corp. did the same in Delaware, seeking to reorganize about $1.14 billion in debt due to depreciation, import restrictions, illegal competition and more.

  • January 3, 2017

    Commodity Trader Transmar Files For Ch. 11 Amid Cocoa Tiff

    Transmar Commodity Group Ltd. has filed for Chapter 11 in New York bankruptcy court amid a $2.6 million arbitration dispute with a Peruvian cocoa and coffee cooperative, saying the family-owned sustainable supply chain concern has between $100 million and $500 million in debts.

  • January 3, 2017

    Food & Beverage MVP: Patterson Belknap's Steve Zalesin

    Patterson Belknap Webb & Tyler LLP’s Steven A. Zalesin’s helped achieve a trial victory for The Coca-Cola Co. in a seven-year-long pomegranate juice false advertising battle with Pom Wonderful LLC this year, earning him the label of a Law360 2016 Food and Beverage MVP.

  • January 2, 2017

    The 5 Hottest Practice Areas For 2017

    Last year’s political, technological and industry earthquakes have shaken up the business world and will leave law firms scrambling to keep up with an influx of need for their expertise in the new year. Here, experts offer a forecast of 2017’s five hottest practice areas.

Expert Analysis

  • Cannabis Industry Faces Budding Product Liability Issues

    Adam Detsky

    Smoking cannabis is not just a matter of rolling a joint or packing a bong anymore. Marijuana-related technology has evolved, and has resulted in multiple areas for the products liability legal community to watch. Battery-powered vaporizers, extremely potent edibles, and state and industry labeling and packaging requirements all present challenges to the legal cannabis industry, says Adam Detsky of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • Potential Increased CFIUS Scrutiny Under Trump

    Stephen Paul Mahinka

    There are several mechanisms available to the new Trump administration that could alter the scope and approach of reviews by the Committee on Foreign Investment in the United States, or even reopen previously cleared foreign investment transactions. The CFIUS could also expand its reviews to areas beyond national security, such as food safety and labor and employment, say attorneys with Morgan Lewis & Bockius LLP.

  • Phase-Down Of HFCs Depends On Trump Administration

    James Losey

    Negotiated, signed and ratified during the Reagan administration, the Montreal Protocol on Substances that Deplete the Ozone Layer is widely viewed as the world’s most successful environmental agreement. However, with the recent election in the United States, it is an open question whether the incoming administration will be inclined to ratify the Kigali Amendment to the agreement and implement it domestically, says James Losey of ... (continued)

  • How Sugar Industry Documents May Impact Litigation

    Heather Counts

    Litigation targeting products that contain added sugar is on the rise, and plaintiffs attorneys are expanding their playbook. Public health researchers are analyzing internal sugar industry documents for evidence of attempts to influence policy and more. With researchers turning their focus to sugar, food and beverage makers should be on high alert, say Heather Counts, Liz Blackwell and Sue Werstak of Thompson Coburn LLP.

  • Loyalty Rebates In China: A Look At Tetra Pak

    Huang Wei

    The $97 million fine recently imposed on Tetra Pak shows that loyalty rebates may be challenged in China, and raises new antitrust compliance questions, say attorneys with Tian Yuan Law Firm.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • FCA And Duty Orders: Key Weapons In A Trump Trade War?

    Mary Carter Andrues

    President-elect Donald Trump has vowed to renegotiate NAFTA and scrap the Trans-Pacific Partnership. But there has been virtually no discussion of how his administration would use the False Claims Act and anti-dumping and countervailing duty orders to protect U.S. companies from illegal dumping practices, particularly for products coming from China, say Mary Carter Andrues, Nancy Noonan and Karen Van Essen of Arent Fox LLP.

  • A Review Of Key Cases Against Executives In Q3

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    Attorneys with Miller & Chevalier Chtd. highlight the third quarter’s most significant cases and government investigations impacting corporate executives.

  • NY's Under-The-Radar Employment Developments: Fall 2016

    Cindy Schmitt Minniti

    From new minimum wage rules to the recent adoption of statewide paid family leave, New York state and city employers have had their hands full over the past several months. Given all of this, some employment-related developments were bound to slip through the cracks, say Cindy Schmitt Minniti and Mark Goldstein of Reed Smith LLP.