Food & Beverage

  • February 9, 2017

    Law Profs, Students Urge 'No' Vote On Puzder For Labor

    More than 1,400 law professors and students from schools across the country signed a letter sent to the Senate Committee on Health, Education, Labor and Pensions on Thursday urging members to vote no on Labor Secretary nominee Andy Puzder, calling the fast food CEO “unfit” to lead the Department of Labor.

  • February 9, 2017

    Koch Ranch Tells 5th Circ. Damages Award Should Be Tossed

    A Colorado ranch owned by billionaire Bill Koch on Wednesday urged the Fifth Circuit to toss an award against it in a long-running dispute with a Texas cattle breeder over who has the rights to sell the company's specialty “Akaushi” Japanese cattle, arguing a point of Texas law.

  • February 9, 2017

    Mead Johnson Hit With Whistleblower Suit Over Baby Formula

    A former executive in charge of compliance at Mead Johnson Nutrition Co. sued the company in Illinois federal court Wednesday, claiming company leadership fired her after she repeatedly raised concerns about contamination in its ready-to-use infant formula.

  • February 9, 2017

    Mexican Tequila Maker Jose Cuervo Raises $914M In IPO

    Mexican tequila maker Jose Cuervo raised 18.6 billion pesos ($913.6 million) in an initial public offering that priced atop its range on Thursday, a strong showing despite uncertainty that clouds the economic outlook in Mexico after the U.S. presidential election of Donald Trump.

  • February 9, 2017

    Nestle Sued Again Over Lean Cuisine 'No Preservatives' Label

    A California woman hit Nestle USA Inc. with a proposed class action on Wednesday claiming its Lean Cuisine frozen meals are falsely labeled as having no preservatives when in fact they do, the second time in three months the company has been accused of deceptive marketing.

  • February 8, 2017

    Policy Doesn't Cover Seafood Co.'s Fraud Loss, 9th Circ. Told

    Travelers on Wednesday urged the Ninth Circuit to uphold a Washington federal judge's ruling that a Seattle-based seafood company isn't entitled to coverage for losses it suffered when it was manipulated into wiring funds to a fraudster, saying computer fraud insurance only applies to hacking by third parties.

  • February 8, 2017

    Calif. Tribes Win Battle Over Water Project's Salmon Impact

    A California federal judge on Wednesday found that two federal agencies failed to adequately protect Coho salmon when the fish started dying from intestinal parasites in recent years, and ordered the government to take immediate measures to remedy the problem.

  • February 8, 2017

    Okla. Eatery Can't Dodge $2.1M FLSA Penalty: 10th Circ.

    The Tenth Circuit on Tuesday would not let Oklahoma-based El Tequila LLC off the hook from owing $2.1 million in back wages and damages to hundreds of workers, saying all evidence indicates the restaurant chain purposefully violated the Fair Labor Standards Act.

  • February 8, 2017

    Trump Urged To Loosen Up Beef, Pork Trade With Japan

    U.S. beef and pork producers on Tuesday called on President Donald Trump to use his upcoming meeting with Japanese Prime Minister Shinzo Abe as a forum for improving market access in Tokyo now that the U.S. has withdrawn from the Trans-Pacific Partnership.

  • February 8, 2017

    Pom Says 'Wonder Fuel' Maker Forum-Shopping In TM Row

    Pom Wonderful holding company The Wonderful Company told a California federal judge on Tuesday that the manufacturer of coconut oil-based "Wonder Fuel" beverages is “forum shopping” in federal court despite ongoing proceedings at the Trademark Trial and Appeal Board.

  • February 8, 2017

    CKE Restaurants Hit With Antitrust Class Action

    Managers at CKE Restaurants Group, the fast food chain headed by Trump labor secretary nominee Andy Puzder, filed an antitrust class action in California state court Wednesday alleging the company and flagship burger brand Carl’s Jr. illegally suppress wages by preventing franchisees from hiring each other’s workers.

  • February 8, 2017

    Deals Rumor Mill: Aramco, Jose Cuervo, Canada Goose

    Aramco has tapped Moelis to assist with an IPO that could value the energy company at $2 trillion, Jose Cuervo's IPO is expected to price at the high end of its range, and Canada Goose has filed confidentially for a debut listing that could value the company at $2 billion.

  • February 8, 2017

    Chinese Ammonium Sulfate Imports Harm Industry, ITC Says

    The U.S. International Trade Commission on Wednesday said it has determined that domestic producers of ammonium sulfate are materially harmed by imports of the product from China, which the U.S Department of Commerce found were sold in the U.S. at less than fair value.

  • February 8, 2017

    Legal Groups Back Patent Venue Rule Changes At High Court

    TC Heartland LLC continues to draw a wide base of support as its asks the U.S. Supreme Court to put restrictions on where patent lawsuits can be filed, with various legal experts and activist groups expressing concern about a concentration of patent cases in a few select districts.

  • February 8, 2017

    Texas Roadhouse Ageism Case Gets Post-Mistrial Mediator

    A Massachusetts federal judge on Wednesday referred the U.S. Equal Employment Opportunity Commission’s age bias case against restaurant chain Texas Roadhouse Inc. to mediation, following a recent mistrial.

  • February 8, 2017

    Packing Co. Sues To Head Off $45M Applesauce Arbitration

    A pouch packaging company filed suit in New York federal court Tuesday looking to block its applesauce manufacturer business partner from international arbitration proceedings alleging contract breach and seeking more than $45 million, proceedings the packing company says aren’t allowed under the contract.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 8, 2017

    Ratkovich JV Scores $120M Loan To Pay Off CMBS Debt

    A joint venture that includes The Ratkovich Co. has scored $119.5 million in financing to pay off existing CMBS debt at a Los Angeles-area mixed-use community that includes University of Southern California medical buildings, according to an announcement on Tuesday from borrower-side broker Holliday Fenoglio Fowler LP.

  • February 7, 2017

    AIG Policies Don't Cover Unfair Competition Deal, Judge Says

    A Texas magistrate judge on Tuesday found that an AIG unit's policies don't cover agricultural product company Stoller Enterprises Inc.'s settlement of an unfair competition lawsuit, but said Stoller should be allowed to pursue its claims that the insurer's claims handling practices violated the state insurance code.

  • February 7, 2017

    Garden Fresh Gets More Time To File Ch.11 Plan

    Bankrupt restaurant chain Garden Fresh Restaurant Intermediate Holding LLC may enjoy an extra few months of exclusivity to file a Chapter 11 reorganization plan, a Delaware court ruled Tuesday, after the chain said there were no objections to its bid for a time extension.

Expert Analysis

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What Will DOL's Immigration Policy Look Like Under Puzder?

    Becki L. Young

    It is still unclear how much legal immigration policy will change in the new Trump administration. However, both President-elect Donald Trump and his nominee for secretary of the U.S. Department of Labor, Andrew Puzder, have worked in industries that rely heavily on foreign nationals and it is entirely possible that legal immigration will stay within historic norms, says Becki Young, co-founder of Hammond Young Immigration Law LLC.