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Food & Beverage

  • November 27, 2018

    Ex-Contractor’s Partner Gets 18 Months In Iraq Bribery Plot

    An ex-U.S. military contractor’s former business partner was sentenced to 18 months in prison in Alabama federal court Monday for playing a part in a yearslong bribery scheme involving Army officials stationed at a U.S. military base in Kuwait during the Iraq War, the U.S. Department of Justice said.

  • November 27, 2018

    Barnes & Thornburg Grabs IP Pro From Winthrop & Weinstine

    Barnes & Thornburg LLP has added a partner in its corporate department in Minneapolis from Winthrop & Weinstine PA with experience in intellectual property transactions and litigation, along with trademark portfolio management for companies in industries ranging from fast food to software.

  • November 27, 2018

    Calif. Developer Tries To Dodge SEC EB-5 Fraud Claims

    A California real estate developer asked a federal court on Monday to toss allegations by the U.S. Securities and Exchange Commission that he was involved in a scheme to defraud Chinese investors out of $9.5 million through the EB-5 visa program.

  • November 27, 2018

    Trump DC Hotel Checks Out Of Unfair Competition Suit

    A D.C. federal court judge has dismissed a wine bar's unfair competition lawsuit against President Donald Trump and the company that operates the Trump International Hotel Washington D.C., ruling that the wine bar failed to show that the defendants wrongfully interfered with its business.

  • November 27, 2018

    Ropes & Gray Helps Main Post Land $700M For 2nd PE Fund

    San Francisco-based private equity firm Main Post Partners, with help from legal adviser Ropes & Gray LLP, has clinched its sophomore investment vehicle after bringing in $700 million from limited partners, the firm announced Tuesday.

  • November 26, 2018

    Ex-MillerCoors CEO Downplays Pabst As Rival In $400M Trial

    MillerCoors' former CEO on Monday told a Wisconsin jury he never feared competition from Pabst Brewing in an effort to deflate a $400 million contract claim accusing MillerCoors of trying to break its exclusive agreement to brew Pabst's beers because it was scared of a challenge to its business.

  • November 26, 2018

    ThermoLife Accuses Supplement Co. Of False Advertising

    Dietary supplement maker ThermoLife International LLC has accused rival American Fitness Wholesalers LLC of unfair competition and false advertising, according to a suit entered in Arizona federal court Monday, alleging the company has been improperly labeling its products as containing "patented creatine nitrate."

  • November 26, 2018

    Disney Loses 'Pink Slime' Arbitration Appeal

    Disney can’t get its way over how arbitration should occur in a fight for insurance coverage linked to the “pink slime” news reports aired by subsidiary ABC, a Canadian appeals court ruled Friday, saying the entertainment giant’s reading of the insurance contract didn’t make sense.

  • November 26, 2018

    Fed. Circ. Backs Brewery In Schlafly Family Trademark Feud

    Ruling against the estate of conservative activist Phyllis Schlafly, the Federal Circuit on Monday said a craft brewery run by her nephew could register the Schlafly surname as a trademark for beer.

  • November 26, 2018

    Third Point Lands 2 Campbell Board Seats In Settlement

    Two of Third Point LLC's nominated independent directors will be added to Campbell Soup Co.'s board, settling a proxy fight between the hedge fund and the food giant just three days before an anticipated shareholder vote, the companies said Monday.

  • November 21, 2018

    Law360 MVP Awards Go To Top Attorneys From 71 Firms

    The elite slate of attorneys chosen as Law360’s 2018 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • November 21, 2018

    Lack Of Key Deposition In Whole Foods Suit Alarms Judge

    A Manhattan federal judge has raised concerns in a suit that accuses Whole Foods of mislabeling food weights because of the parties’ failure to depose key witnesses from the New York City Department of Consumer Affairs, saying both sides overlooked “the elephant in the room.”

  • November 21, 2018

    BALCA Affirms H-2B Denial For Brazilian Restaurant Servers

    The Board of Alien Labor Certification Appeals has affirmed the denial of H-2B visa certification to 10 meat servers for a California Brazilian steakhouse, finding that the employer had not demonstrated its need for additional temporary workers.

  • November 21, 2018

    Coca-Cola Tells 9th Circ. 'Diet' Labels Not Fooling Consumers

    The Coca-Cola Co. on Wednesday told the Ninth Circuit that consumers are well aware diet beverages are lower calorie substitutes for full calorie drinks, urging the panel to uphold the dismissal of a proposed class action alleging that Diet Coke causes weight gain.

  • November 21, 2018

    $250M Award Against Romania Can Be OK'd, Investors Say

    Two Swedish food industry investors re-upped their bid for a D.C. federal court to enforce a $250 million arbitral award issued against Romania, arguing that a decision issued by Europe's highest court invalidating an arbitration clause in a Dutch-Slovak investment treaty is inapplicable.

  • November 21, 2018

    Law Firm Must Face Claims It Botched Domino’s Injury Case

    A New York appeals court on Wednesday revived a legal malpractice suit against Lozner & Mastropietro PC that alleged the firm failed to pursue claims against Domino's Pizza for a client who was injured by one of the company’s drivers.

  • November 21, 2018

    Giant Eagle's Failure To Object At Trial Sinks $1.8M Appeal

    Giant Eagle Inc. can’t overturn a Pennsylvania jury’s verdict that awarded a busboy nearly $2 million after he was shot outside one of its stores because the grocery chain missed its chances to object at trial, the Supreme Court of Pennsylvania ruled Wednesday.

  • November 21, 2018

    Dave & Buster's Workers Take 2nd Stab At $7.4M ERISA Deal

    A proposed class of Dave & Buster’s employees again urged a New York federal judge to greenlight a $7.4 million settlement resolving claims that the company wrongly cut their hours to avoid providing them with health insurance coverage, hoping to convince the court the second time around.

  • November 21, 2018

    Class Action Claims Energy Bar Maker Hid High Carb Count

    A proposed class action has claimed a brand of energy bars trying to find its place in a crowded sports-nutrition market misled diet-conscious consumers to believe its low-sugar snacks are also low in carbohydrates, concealing that the bars actually pack a macronutrient punch.

  • November 21, 2018

    Brand Battles: American Whiskey, Barbie, Russell Westbrook

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sazerac fights an effort to “monopolize” a simple whiskey name, Mattel cites a little-known Sotomayor opinion to protect Barbie, and NBA superstar Russell Westbrook shoots for a registration for his charitable foundation.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Fit For Fido? The Rise Of 'Natural' Pet Food Claims

    Steven Hwang

    As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

  • Pros And Cons Of California’s New Corporate Blockchain Law

    Sara O’Connell

    A new California law will allow privately held companies to use blockchain technology for stock issuance and other corporate records. However, corporations should be cautious about moving into this relatively uncharted territory, say Sara O’Connell and Riaz Karamali of Pillsbury Winthrop Shaw Pittman LLP.

  • 9th Circ. Decision Poses Employer Tip Credit Challenges

    Margaret Grover

    The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s may significantly impair the ability of companies in the hospitality industry to pay a reduced wage to tipped employees. As a result, employers will need to be cautious when applying a tip credit toward minimum wages, says Margaret Grover of Wendel Rosen Black & Dean LLP.

  • 9 FAQs About De Minimis Doctrine After Troester V. Starbucks

    Daniel Fears

    In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • EEOC's Costco Case Sheds Light On Title VII Liability

     Laura Bacon

    The Seventh Circuit recently affirmed a finding of employer liability under Title VII for a hostile work environment caused by a retail customer. The decision in U.S. Equal Employment Opportunity Commission v. Costco Wholesale is important for employers with customer-facing operations, but its reach extends further, say Laura Bacon and Brittany Bogaerts of Nixon Peabody LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Why Tofurky Has A Beef With Missouri's Meat Labeling Law

    James Lawrence

    Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.