Food & Beverage

  • June 19, 2017

    Growth-Hungry Delivery Hero Launches $1B IPO

    German online food ordering service Delivery Hero AG set terms Monday on a potential €927 million ($1 billion) initial public offering, about half of which is intended to fuel the Rocket Internet AG-backed startup’s expansion in a fiercely competitive international landscape

  • June 19, 2017

    Tea Co. Blasts ‘War’ On Coconut Oil In Mislabeling Suit

    A tea company asked a California federal court to dismiss a proposed class action alleging it mislabels coconut oil as healthy when in fact it consists mostly of saturated fat, saying a dose of fat is beneficial and objecting that the plaintiffs never bought the product they now claim harmed them.

  • June 19, 2017

    Coke Buyers Seek Class Cert. In 'No Artificial Flavors' MDL

    Consumers from six states on Friday asked a California federal judge to certify classes in multidistrict litigation accusing Coca-Cola Co. of misleading people about added preservatives and artificial flavors in its “Coke” products, while slamming a Coca-Cola expert who said it’s unlikely people buy Coke because they think it’s healthy.

  • June 19, 2017

    Broker Trims Tropical Smoothie's Suit Over Insurance Woes

    A Georgia federal judge on Friday dismissed selected claims from a suit claiming an insurance broker misrepresented key facts and caused coverage to later be jeopardized in a contaminated-food suit against a smoothie shop policyholder, saying that, among other things, the brokering contract was vague.

  • June 19, 2017

    High Court Won't Take On Spokeo Divide In Card Receipt Row

    The U.S. Supreme Court said Monday that it would not review the lawsuit of a man who accused a Native American tribe-owned restaurant in Wisconsin of failing to properly truncate customer receipts, leaving in place a Seventh Circuit ruling that tossed his claims.

  • June 16, 2017

    Beef Co. GC Says ABC's 'Pink Slime' News Sank Its Sales

    Beef Products Inc.’s general counsel told a South Dakota jury Friday that ABC’s reporting calling its beef product “pink slime” nearly killed the company, saying its sales of the product dropped by roughly three-quarters after ABC went to air.

  • June 16, 2017

    Brand Battles: Nintendo, Conagra, Volkswagen

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nintendo fights a megachurch over "Switch," Conagra asks the board for consistency over "Choice Cuts" frozen meals, and Volkswagen asserts its trademark rights in the shape of its iconic van.

  • June 16, 2017

    NJ ShopRite Cleared Of Negligence Over Worker's Photos

    A New Jersey appellate court ruled Friday that a ShopRite store couldn’t be held responsible for a store employee convicted of taking photos of a 6-year-old customer and pulling up her shirt, saying there was no evidence the store knew of any prior similar behavior.

  • June 16, 2017

    Conspirator In Fake 5-Hour Energy Scheme Gets 6 Months

    A conspirator who pled guilty in California federal court to being part of a scheme to peddle fake 5-Hour Energy drinks was sentenced Thursday to six months in prison and ordered to pay $555,801 in restitution to Living Essentials LLC, the drink’s maker.

  • June 16, 2017

    Univ. of Alabama Fan Agrees To End Coca-Cola TCPA Suit

    An Alabama federal magistrate judge on Friday ended a University of Alabama fan’s proposed class action accusing Coca-Cola and a marketing company of sending unsolicited text messages in a legal battle spanning more than four and a half years.

  • June 16, 2017

    Ex-Commerce Employee Found Guilty On Bribery Charges

    A Virginia federal jury has convicted a former information technology worker at the U.S. Department of Commerce of receiving bribes in exchange for awarding lucrative contracts and funneling the payments through a restaurant business he owned, federal prosecutors announced on Thursday.

  • June 16, 2017

    Dow-DuPont Deal Highlights Division's Immunity To Politics

    The U.S. Department of Justice’s clearance of Dow and DuPont’s bid to merge into a $130 billion chemicals giant, one of the first megadeals to secure approval under the new administration, is the latest sign that merger reviews are largely insulated from politics.

  • June 16, 2017

    Taxation With Representation: Wachtell, Weil, Paul, Gibson

    In this week’s Taxation With Representation, Amazon announces a blockbuster deal to buy Whole Foods for $13.7 billion, Canadian cable operator Shaw Communications sells its U.S. data center company ViaWest for $1.675 billion, and private equity firm Liberty Hall Capital Partners purchases Dunlop Aircraft Tyres in a deal worth roughly $135 million.

  • June 16, 2017

    Grubhub Wants To Sanction Driver For Confidential Info Leak

    Grubhub Inc. on Thursday moved for sanctions in California federal court against a lead plaintiff in a proposed wage-and-overtime class action, accusing him of violating a protective order in the case by publicly disclosing nearly 300 pages of material designated as “confidential.”

  • June 16, 2017

    Luxury Candy Seller Says Competitor Isn't Acting Sweet

    High-end candy retailer Sugarfina Inc. slapped a competitor with an infringement suit Thursday in California federal court, alleging that Sweet Pete’s LLC has tried to capitalize on its success by copying its innovative packaging and products, confusing consumers in the process.

  • June 16, 2017

    Pecan Co. Says Nut Supplier Is Responsible In $1.5M Hack

    A pecan wholesaler told a Texas federal judge on Thursday that it does not owe $1.5 million to a Mexican nut distributor after allegedly transferring payments meant for the distributor to a third-party hacker who changed the wiring instructions via email, saying it had no idea it had paid a hacker.

  • June 16, 2017

    Gizmo Beverages Sues Ex-Chair For TM Infringement

    Gizmo Beverages Inc., which owns the patent rights to a device that stores fresh ingredients inside a nitrogen-pressurized chamber for later use in drinks and other products, has sued its former chairman in California federal court for trademark infringement, cyberpiracy and illegally taking possession of the company’s property.

  • June 16, 2017

    Amazon Inks $13.7B Whole Foods Buy

    Amazon announced Friday it will buy Texas-based natural grocery retailer Whole Foods Market Inc. in a $13.7 billion deal, including debt, as the online retail heavyweight further broadens its offerings.

  • June 15, 2017

    Judge Recommends Insurer Win In Pet Food Coverage Case

    Colony Insurance should not have to cover Custom Ag Commodities for its role in a massive pet food adulteration fight, a Texas magistrate judge recommended Thursday, saying Custom Ag has presented no convincing arguments for coverage under an ad injury policy.

  • June 15, 2017

    'Pink Slime' Coiner Tells Jury USDA Approval Was Wrong Call

    The former U.S. Department of Agriculture microbiologist who first called Beef Products Inc.’s trimmings product “pink slime” testified Thursday in the company's defamation trial against the ABC network that the “weird” looking product should not have been approved for use in ground beef.

Expert Analysis

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • When You Can't Fire An Employee For A Nasty Facebook Post

    Stephanie Caffera

    Employee discipline may seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. The Second Circuit's recent decision in National Labor Relations Board v. Pier Sixty demonstrates several related lessons, including how the NLRA continues to be construed much more broadly than employers generally expect, say attorneys with Nixon Peabody LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 13 FCPA Enforcement Actions Resolved In 2017 So Far

    Marc Bohn

    The first three weeks of 2017 served as a capstone to the flurry of Foreign Corrupt Practices Act enforcement activity that marked the end of 2016, while the remainder of the quarter saw little in the way of additional enforcement actions by the U.S. authorities. However, there are no significant indications that FCPA enforcement efforts will shift dramatically under the Trump administration, say attorneys with Miller & Chevalier Chtd.

  • Federal Judges Are Tired Of 'Stock' Discovery Objections

    David Goldhaber

    With the latest amendments to the Federal Rules of Civil Procedure now behind us, federal court litigators should take stock of their “stock objections” and put them to rest. Several recent examples from federal courts make this abundantly clear, and state courts are sure to follow, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • Why Medical Marijuana Delivery May Soon Be Legal In LA

    Michael Rosenblum

    California has authorized licensed dispensaries to deliver medical marijuana to qualified patients, but allows municipalities to ban such deliveries. San Jose and other cities have recently lifted their delivery prohibitions. Los Angeles retains its ban, but a recently passed ballot measure and shifting public sentiment suggest that this may change in the coming months, says Michael Rosenblum of Thompson Coburn LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.