Food & Beverage

  • April 14, 2017

    Brand Battles: Dr. Pepper, MLB, Dom Perignon

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Dr. Pepper is stymied in its efforts to register a hard root beer brand, Major League Baseball takes on a bong maker over "Major League Dabbing," and Dom Perignon is nonplussed about a dog pun.

  • April 14, 2017

    8th Circ. Sends General Mills Age Bias Row To Arbitration

    An Eighth Circuit panel ordered 33 ex-General Mills workers alleging they were laid off because of their age to argue their cases in individual arbitration rather than as a collective action on Friday, finding a Minnesota federal judge misread what the Cheerios maker had asserted.

  • April 14, 2017

    4 Key Takeaways From EPA Farm Reporting Rule Decision

    The D.C. Circuit’s recent ruling vacating a U.S. Environmental Protection Agency rule that exempted some animal feeding operations from pollution reporting requirements will force quick changes at those facilities and increase their risk of being sued. Here, Law360 looks at four takeaways from the appeals court’s decision.

  • April 14, 2017

    Real Estate Rumors: KMR, Mike Sarimsakci, Evelyn Greer

    KMR Equity Partners has reportedly dropped $22 million on a Brooklyn rental building, developer Mike Sarimsakci may change out the Trump Hotels flag at a planned Texas hotel for a different brand and attorney Evelyn Greer has reportedly sold a Florida mall to Publix and Echo Realty for $29.6 million.

  • April 14, 2017

    'Gluten-Free' Cheerios Made People Sick, 9th. Circ. Told

    A proposed class of consumers urged the Ninth Circuit to revive their suit against General Mills over supposedly gluten-free Cheerios that had been made with the wrong flour, saying that a lower court erred in concluding that a recall program made their claims baseless, and that the cereal had sickened consumers. 

  • April 14, 2017

    Syngenta Loses Bid To Enforce Pesticide Label Copyright

    A North Carolina federal judge has granted pesticide maker Willowood a quick escape from rival Syngenta Crop Protection LLC's copyright infringement claims in a suit over pesticide labels, finding that the parts of pesticide labels that are required under the Federal Insecticide, Fungicide, and Rodenticide Act are exempt from copyright protection.

  • April 14, 2017

    Kerrygold Gets Restraining Order Over Butter Trademark

    A Wisconsin federal judge issued an emergency restraining order Thursday against a new butter brand that allegedly flagrantly infringes longtime trademarks of Kerrygold butter, citing probable harm to Kerrygold without it.

  • April 14, 2017

    Checkers Cook Files Minimum Wage And OT Suit

    A former food preparer and cook at a Checkers restaurant on Wednesday in New York federal court filed a putative class suit against the fast food franchise, claiming the owners didn’t pay him at the applicable minimum wage and overtime rate and failed to provide accurate pay stubs in his primary language.

  • April 13, 2017

    Baker Says Insurer Wouldn't Cover Pies It Said To Toss

    An upstate New York pie company Thursday told a federal court Travelers left it in the lurch after a 2015 freezer accident by telling it to toss possibly salvageable pies, then refusing to pay its $1.1 million claim.

  • April 13, 2017

    Odwalla Seeks To End Delivery Driver's Rest Break Suit

    Odwalla Inc. urged a California judge Thursday to toss a putative class action alleging the juice and smoothie maker failed to provide its California delivery drivers with meal and rest breaks, arguing the driver who filed suit knew he was expected to take breaks but didn’t so he could finish work early and go to the gym.

  • April 13, 2017

    Fla. Inspectors Find Food Violations At Trump's Mar-a-Lago

    President Donald Trump’s Mar-a-Lago Club in Palm Beach was hit with a list of food safety violations — such as storing raw meat and poultry at warm temperatures — found during a January visit by Florida state restaurant inspectors.

  • April 13, 2017

    Neal Gerber Lands Former Kirkland M&A Attorney

    A former partner with Kirkland & Ellis LLP, who has represented Molson Coors Brewing and private equity firm GTCR in mergers and acquisitions, has joined Neal Gerber & Eisenberg LLP in Chicago.

  • April 13, 2017

    Don Pablo's Tex-Mex Chain Gets Ch. 11 Bankruptcy Plan OK

    A Texas federal bankruptcy court on Wednesday approved the Chapter 11 plan of the owner of the Don Pablo’s chain of Tex-Mex restaurants.

  • April 13, 2017

    TGI Friday's Staffers Seek Cert. On Notice Issue In Wage Row

    TGI Friday’s tipped workers asked a New York federal judge on Wednesday to certify a class of employees seeking a determination that the restaurant chain and its former owner denied them proper wage and hour statements, saying that granting the request will move the litigation along and let the court decide common legal issues.

  • April 13, 2017

    Syngenta To Face Punitives In Minn. GMO Seed Bellwethers

    Three bellwether plaintiffs in litigation brought by corn farmers and others over an allegedly botched GMO seed rollout by agribusiness giant Syngenta can seek punitive damages, a Minnesota judge has ruled, saying a jury could potentially find that their rights were flagrantly disregarded.

  • April 12, 2017

    Farmers Co-Op Loses Bid To Ax $1.7M MF Global Trades Suit

    MF Global Holdings Ltd. on Wednesday beat a farming cooperative's effort to dismiss its $1.7 million suit for gains on over-the-counter derivatives trades that predate the firm's 2011 bankruptcy, as a judge found the co-op had a sufficient heads-up that it could face litigation.

  • April 12, 2017

    Kerrygold Butter Says Irishgold Is Phony In Trademark Suit

    An Irish dairy distributor has filed suit demanding that a Wisconsin creamery stop using packaging designed to dupe customers into mistaking its product for Kerrygold butter, taking advantage of an Irish butter shortage in the state.

  • April 12, 2017

    Weil To Represent China Fishery Despite Funding Concerns

    A New York bankruptcy judge on Wednesday authorized China Fishery Group Ltd. to retain Weil Gotshal & Manges LLP as Chapter 11 counsel over limited objections raised by a group of secured lenders who questioned the source of the bankrupt company’s legal funds.

  • April 12, 2017

    Minn. High Court Says CEO Personally Liable For Sales Tax

    The Minnesota Supreme Court on Wednesday concluded that the CEO of a company through which his son operated a restaurant was personally liable for its unpaid sales taxes because he was still sufficiently active in the establishment’s operations and signed its tax forms, reversing a state tax court’s decision.

  • April 12, 2017

    Purina, Dog Owners Resolve Claims Over Beggin' Strips

    Purina has resolved a proposed class action claiming the company tricked customers into thinking that Beggin' bacon-flavored dog treats contain more bacon than they actually do, according to a Tuesday filing in New York federal court.

Expert Analysis

  • Employer Hope Amid Pending Wage And Hour Law Changes

    Daniel A. Krawiec

    While there is presently a sea of confusion and uncertainty swirling around U.S. Department of Labor overtime exemptions, employers can take solace in the fact that a recent decision from a Florida federal court demonstrates potential jurors are able to understand the proper use of exemptions and apply them fairly and to the benefit of employers accused of violating the Fair Labor Standards Act, says Daniel Krawiec of Hinshaw & Culbertson LLP.

  • Regulatory Pathways Emerge For Gene-Edited Products

    Emily Marden

    The U.S. Food and Drug Administration, Department of Agriculture and Environmental Protection Agency have finally indicated how they plan to regulate emerging genetic technologies. Their respective proposals differ in scope and approach, but each one has the potential to significantly influence how gene editing is integrated into product development, say Emily Marden and Deepti Kulkarni of Sidley Austin LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Rebuttal

    Beware Intended Consequences Of Class Action Reform, Too

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    The authors of a recent Law360 guest column on H.R. 985, a class action reform bill before the House, insist it is needed to protect corporations forced to settle meritless claims. But studies have debunked the myth of class action blackmail. The new bill simply creates obstacles for true victims of corporate fraud, say David Stein and Andre Mura of Gibbs Law Group LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • 'March Madness' Trademark Tips And Traps

    Roberta Jacobs-Meadway

    As the nation’s major college basketball tournament kicks off on Tuesday, the debate continues as to whether and to what extent the NCAA has the right to engage in rigorous trademark policing efforts when the use of "March Madness" is informational rather than suggesting some official connection or sponsorship, say Roberta Jacobs-Meadway and Alexander Fleisher of Eckert Seamans Cherin & Mellott LLC.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.