Food & Beverage

  • March 16, 2017

    9th Circ. Asked To Rethink Fee Award For Kraft Buyer Attys

    Lawyers who represented consumers in a suit over Kraft’s “sensible” snack labeling urged the Ninth Circuit on Wednesday to rethink affirming a pair of deeply discounted fee awards, arguing that the decision to dramatically reduce their requests with little to no explanation flouts precedent and undermines California rules.

  • March 16, 2017

    CIT Revives Vietnamese Shrimp Duty Fight

    The U.S. Court of International Trade revived a dispute over a duty on Vietnamese shrimp imports Thursday, finding the U.S. Department of Commerce failed to show it adequately investigated claims that Bangladeshi labor rates used to assess the fair value of the shrimp were distorted.

  • March 16, 2017

    Dean Foods Says Merger Conspiracy Claim Is A No-Go

    Dairy company Dean Foods Co. asked a Tennessee federal court Wednesday to stop a large milk retailer from pushing ahead with its claim that Dean Foods and Suiza Food Corp. conspired to violate antitrust laws when they merged in 2001.

  • March 16, 2017

    Insurer Needn't Fund Texas Liquor Chain's Data Hack Suit

    A Texas liquor store chain can’t force its insurer to pay for a suit seeking to recover more than $4 million charged by its credit card processor in the wake of two data breaches at the chain, a Texas federal judge ruled Wednesday.

  • March 16, 2017

    Calif. Steakhouse Sued For Requiring Customers' ID Info

    Innovative Dining Group LLC, the high-end restaurant company behind the Japanese-inspired Sushi Roku and Katana eateries, was hit with a putative class action in California court on Wednesday alleging its BOA Steakhouse chain violates state consumer privacy laws.

  • March 15, 2017

    EU Agency Says Monsanto Weedkiller Doesn't Cause Cancer

    European regulators said Wednesday that the active ingredient in Monsanto’s weedkiller Roundup doesn’t cause cancer, a day after a California judge in consolidated litigation over the substance made public documents that indicated a U.S. environmental official had offered to “kill” a federal agency's study of the chemical's safety.

  • March 15, 2017

    There's More On USTR's Plate Than New Tariffs And NAFTA

    Most of the Trump administration's trade policy has focused on overhauling the North American Free Trade Agreement and imposing punitive tariffs, but Tuesday's hearing to consider a new U.S. trade representative brought to light the litany of other trade issues facing the White House.

  • March 15, 2017

    Deals Rumor Mill: Virtu Financial, Alinta Energy, BRF SA

    Virtu Financial has offered to pay up to $1.33 billion for rival electronic trader KCG, Chow Tai Fook Enterprises has agreed to buy Australia's Alinta Energy for about $3 billion, and BRF may choose to forego an initial public offering of shares in its Halal unit and instead sell private stakes.

  • March 15, 2017

    Injured Filipino Angler Says Arb Agreement Coerced

    A Filipino fisherman injured at sea told a federal court in Washington state Monday that his fishing company used his financial desperation and minimal English literacy to coerce him into signing a release for a pittance.

  • March 15, 2017

    Sysco Hid Fuel Surcharges In Delivery Bills, Customers Say

    Food distributor Sysco Corp. deceptively billed fuel charges to a Florida restaurant and other companies as “hidden rate” increases unrelated to actual fuel costs, a proposed class action alleged Tuesday.

  • March 15, 2017

    Aykroyd's Skull Vodka Co. Tells Jury Rival Made Knockoffs

    The maker of actor Dan Aykroyd's Crystal Head Vodka told a California federal jury during Wednesday's opening statements in the trade dress infringement case that a rival spirits company is selling tequila in a “cheap knockoff” of its distinctive skull-shaped bottle.

  • March 15, 2017

    State Law Claims Harpooned In Seafood Price-Fix MDL

    A California federal judge on Tuesday dismissed some state claims in multidistrict litigation alleging a vast price-fixing conspiracy in the seafood industry, saying among other reasons that buyers of the seafood did not purchase the products in the relevant states.

  • March 15, 2017

    Packaging Co. Ardagh Raises $308M With Shearman-Led IPO

    European packaging giant Ardagh Group SA on Wednesday said it raised $308 million after pricing its initial public offering of common stock at $19 per share, near the top of its $17 to $20 a share range, in a deal advised by Shearman & Sterling LLP.

  • March 15, 2017

    Activists Say No New Trial In Tiger Welfare Defamation Row

    The Animal Legal Defense Fund, which obtained a $450,000 sanction against restaurant group Landry's Inc. and its Houston Aquarium restaurant, has told a Texas district judge in Houston to reject the group's bid for a new trial, arguing that the request only rehashed arguments already rejected by the court.

  • March 15, 2017

    DOJ Gets Injunction On Contaminated Milk Powder Products

    Valley Milk Products LLC has been permanently banned from selling more than four million pounds of milk powder that the U.S. Food and Drug Administration seized in November unless the company can prove the products are no longer contaminated, the U.S. Department of Justice said Wednesday.

  • March 15, 2017

    AB InBev Sued Over 'Spuds MacKenzie' Super Bowl Ad

    Anheuser-Busch was nipped by a trademark lawsuit Wednesday over its Super Bowl ad reviving long-dormant canine mascot Spuds MacKenzie — a case filed by an "entrepreneur" who claims he took ownership of the rights to the character after the beer giant abandoned them.

  • March 15, 2017

    Guard For Heinz Exec Stole Info On $28B Deal, SEC Says

    The U.S. Securities and Exchange Commission on Wednesday hit a security guard formerly employed by an H.J. Heinz Co. board member with a federal suit in Manhattan, alleging that he traded on inside information regarding the company's $28 billion acquisition by Berkshire Hathaway Inc. and 3G Capital Management LLC.

  • March 14, 2017

    Sens. Seek Food Safety Review For Foreign Sales Of US Cos.

    A bipartisan pair of senators on Tuesday unveiled legislation aimed at making sure that overseas companies who want to buy American companies have to go through a review to make sure that the deal wouldn’t imperil food security and safety in the U.S.

  • March 14, 2017

    EEOC Hits Back At Applebee's Franchisee In Arbitration Row

    The Equal Employment Opportunity Commission on Monday in Florida federal court blasted an Applebee's franchisee's bid to toss a case over its arbitration agreements with its employees, arguing that its use of a mandatory agreement intentionally prevents employees and job applicants from filing discrimination claims with the federal government.

  • March 14, 2017

    Consumer Goods Cos. Get OK For $250M In News Corp. Deal

    A Manhattan judge signed off Monday on the payout of $250 million for a settlement a class of major consumer goods makers inked with News Corp. over its alleged monopolization of in-store advertising.

Expert Analysis

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Series

    My Strangest Day In Court: When My Expert Had A Meltdown

    Esther Holm

    As I was going through one of the plaintiff’s claims — post-traumatic stress disorder — with my expert witness, the good doctor could not even recall the elements of the disorder! Then, suddenly, he pointed his finger at a young juror, remembers Esther Holm of Lewis Brisbois Bisgaard & Smith LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Rebuttal

    Patent Venue Needs Overhaul

    Brian E. Ferguson

    According to a recent Law360 Expert Analysis article, the U.S. Supreme Court's TC Heartland decision boils down to determining “who gets the home court advantage — patentees or infringers.” That characterization is not only wrong, it also is representative of the substantial problem of abusive use of patent litigation, say Brian Ferguson and Anish Desai of Weil Gotshal & Manges LLP.

  • Series

    10 Years Of MedImmune: What Trademark Owners Learned

    James E. Griffith

    Despite initial worries from practitioners, the U.S. Supreme Court's decision 10 years ago in MedImmune has provided greater predictability as to the circumstances that will warrant declaratory judgment jurisdiction, allowing trademark owners to make informed decisions about their enforcement strategies, say James Griffith and Michelle Bolos of Marshall Gerstein & Borun LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Post-Spokeo, Not All Statutory Violations Are Created Equal

    John G. Papianou

    The U.S. Supreme Court’s decision in Spokeo did not provide the hoped-for clarity on whether violation of a statute is sufficient for a plaintiff to sue in federal court. As practitioners and courts still struggle with this question, two recent decisions from the Seventh and Third Circuits highlight the issue, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • Much More Than East Texas Is At Stake In TC Heartland

    Steven Pollinger

    The U.S. Supreme Court’s grant of certiorari in TC Heartland has received a considerable amount of press regarding the potential impact on the Eastern District of Texas's ability to retain patent infringement litigation. But commentators have neglected to address how the overruling of VE Holding would, in many cases, prohibit patent holders throughout the country from filing suit in their home districts, say Steven Pollinger and Yu... (continued)