Food & Beverage

  • December 5, 2017

    Sonic Seeks To Roll Out Of Customer's Data Breach Suit

    Fast-food restaurant chain Sonic Drive-In’s operating company asked an Oklahoma federal court on Monday to toss a lawsuit stemming from a customer data breach confirmed in September, arguing the lead plaintiff in the proposed class action had failed to show "cognizable injury."

  • December 5, 2017

    Commerce Sets Final Duties On Some Italian Pasta Producers

    The U.S. Department of Commerce announced Tuesday the final results of an administrative review of pasta from Italy, pegging a handful of Italian producers with a 5.3 percent tariff, after finding imports of the product were sold in the U.S. at less than normal value.

  • December 5, 2017

    Deals Rumor Mill: Unilever, Banorte, Trimco International

    The battle to buy Unilever's margarine and spreads business is nearing a conclusion, two Mexican lenders have agreed to merge in a deal worth $1.42 billion, and Chinese garment-label manufacturer Trimco could be worth about $500 million in a sale.

  • December 5, 2017

    Full Fed. Circ. Won't Review Kraft Cookie Patent Row

    The Federal Circuit declined on Tuesday to reconsider its decision invalidating a resealable cookie container that a Kraft unit accused Kellogg of infringing, standing by its affirmation of a lower court’s finding that Kraft’s evidence of commercial success and industry praise could not overcome Kellogg’s strong case that the patent is obvious.

  • December 5, 2017

    Swing Vote Kennedy Conflicted In Masterpiece Cakeshop Case

    In a major case over whether a Christian baker can refuse to make a custom wedding cake for a same-sex couple, U.S. Supreme Court Justice Anthony Kennedy, who is expected to cast the deciding vote, appeared torn between supporting religious liberty and LGBT rights during oral arguments Tuesday.

  • December 4, 2017

    Keurig Green Mountain Can't Stop K-Cup Monopoly Suits

    A New York federal judge rejected requests by Keurig Green Mountain Inc. to dismiss multiple lawsuits brought by direct purchasers of K-Cup coffee pods, alleging its coffee maker freezes out competitors’ coffee cups as part of an anti-competitive scheme.

  • December 4, 2017

    Insurer, Egg Producer Settle $7M Bird Flu Coverage Suit

    Illinois Union Insurance Co. and one of the nation's largest egg-laying operations have settled a $7 million Minnesota federal case over coverage concerning 8 million hens killed following an avian flu outbreak, according to court papers filed Monday.

  • December 4, 2017

    Mexico Appeals WTO Ruling On US ‘Dolphin-Safe’ Tuna Regs

    Mexico has filed an appeal notice with the World Trade Organization involving the country’s long-running dispute with the United States over “dolphin-safe” labeling, making good on its promise to appeal a WTO panel ruling that approved revised U.S. tuna labeling regulations.

  • December 4, 2017

    Whole Foods Infringed TM, Health Food Co. Tells 9th Circ.

    A New Zealand health food company urged a Ninth Circuit panel Monday to revive its suit accusing Whole Foods of infringing its “Eatright” trademark, saying it didn’t unreasonably wait before suing, and even if it had, the grocer hadn’t made significant investments in the phrase during the alleged delay.

  • December 4, 2017

    Target, Kraft Needn't Share Docs In Parmesan Labeling Fight

    An Illinois federal judge won’t make Kraft Heinz, Target and other companies turn over information while he weighs claims they misled consumers by labeling cans containing Parmesan and fillers “100% grated Parmesan cheese,” saying the expense isn’t necessary at this point.

  • December 4, 2017

    Dannon 'Natural' Yogurt Labeling Suit Axed

    A New York federal judge on Sunday axed a proposed class action alleging Dannon yogurt is falsely labeled as “natural” since the cows may have eaten genetically modified feed, saying there’s no support for the notion a cow fed GMOs produces “unnatural” products.

  • December 4, 2017

    Sidley, Stroock Steer $217M Loan For Brooklyn Property

    Sidley Austin LLP represented M&T Bank in connection with its roughly $217.3 million loan to Stroock & Stroock & Lavan LLP-counseled Midtown Equities LLC for a mixed-use project in Brooklyn's DUMBO neighborhood, according to records made public in New York on Monday.

  • December 4, 2017

    Mo. Leads States’ High Court Challenge To Calif. Egg Law

    Twelve states including Missouri urged the U.S. Supreme Court on Monday to end a “restrictive” California law requiring that eggs sold in the Golden State come from laying hens that have space to stretch out and turn around freely in their cages, according to Missouri Attorney General Josh Hawley.

  • December 4, 2017

    Restaurant Group Workers Get $4M FLSA Settlement

    Thousands of servers alleging they were underpaid by a group of national restaurant chains asked a Missouri federal court Friday to approve a $4 million settlement, telling the court the deal should be cleared because there have been no objections.

  • December 4, 2017

    High Court Won't Hear Dow's Appeal Of $455M Bayer Award

    The U.S. Supreme Court opted Monday not to hear Dow AgroSciences LLC’s bid to overturn a $455 million arbitral award issued to two Bayer AG subsidiaries over infringement of weed control patents, ending a yearslong dispute over a gene for herbicide resistance.

  • December 4, 2017

    Food Cos. Can't Flee Suit Claiming Squid Sold As Octopus

    A Miami-based food vendor and its supplier can't escape a proposed consumer class action accusing them of misrepresenting their squid as octopus in an effort to boost profits, a California federal court ruled Friday as the proposed class amended its initial complaint.

  • December 4, 2017

    DOL Proposes Rolling Back Obama-Era 'Tip Pool' Rule

    The U.S. Department of Labor on Monday proposed rolling back a rule that blocks employers from taking some service workers’ tips to share with non-tipped staff, citing Supreme Court petitions regarding the controversial Obama-era rule and uncertainty about the agency’s authority to issue it.

  • December 1, 2017

    Attys Needn't Be DQ'd In General Mills Age Bias Row: Judge

    A Minnesota federal magistrate judge on Friday recommended against disqualifying Snyder & Brandt PA and Nichols Kaster PLLP from representing former General Mills Inc. employees bringing age discrimination claims against the food giant, saying the attorneys took sufficient steps to prevent the minimal possibility that a worker had access to confidential information.

  • December 1, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen more than a dozen Indian banks sue the co-owner of the Force India Formula 1 team as he faces possible extradition from the U.K., the Nigerian government takes on JPMorgan, and Ace lodges a dispute against Aviva Life.

  • December 1, 2017

    Fonterra Seeks Trading Halt After $125M Recall Award

    New Zealand dairy group Fonterra asked securities markets to halt trade Friday after an arbitration tribunal ruled it must pay €105 million (US$125 million) to Danone SA to compensate the French company for recall costs related to a 2013 food scare over untrue fears that Danone baby formula sold in Asia used Fonterra whey tainted with botulism.

Expert Analysis

  • 9th Circ. Tip-Credit Opinion Is Good News For Employers

    Laura Lawless Robertson

    In Marsh v. J. Alexander’s, the Ninth Circuit recently found that it was not required to defer to the U.S. Department of Labor’s Field Operation Handbook interpretation of “dual jobs” because the interpretation is inconsistent with the regulation, acknowledging that its decision would create a split among the circuits, says Laura Lawless Robertson of Squire Patton Boggs LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Misclassification Claims Threaten Gig Economy Business

    Tracey Diamond

    Recent gig economy cases in New York and California are either pending or were settled before the court could issue a determinative judgment as to the proper classification of workers. But the facts of the cases and the settlement details provide valuable insight into the potential risks and exposure for gig economy companies, say attorneys with Pepper Hamilton LLP.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Litigators, Wrangle That Data With Content Analysis

    Lisa Tichy.jpg

    Content analysis offers scientific methods for making sense of large volumes of data generated by the internet. While content analysis is a nascent tool in litigation, its use by expert witnesses may transform the kinds of evidence considered by courts, say Lisa Tichy and Anna Shakotko of Cornerstone Research.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Applying Calif. Antitrust Law To Out-Of-State Transactions

    Fred Isquith

    In Packaged Seafood Products Antitrust Litigation, a California federal judge recently examined state court choice-of-law rules as applied in antitrust actions lodged in federal court. In applying California’s antitrust law to out-of-state transactions by the citizens of states other than California, the opinion adds an important contribution to the jurisprudence in this area, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Illinois Case Holds A Warning For Animal Food Cos.

    Carolyn Davis

    The Southern District of Illinois recently greenlighted claims against the manufacturer and distributor of fish feed that allegedly caused the death of a largemouth bass population. Producers and sellers of animal foods should note that their products might be subject to similar legal scrutiny to food intended for human consumption, says Carolyn Davis of Weil Gotshal & Manges LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.