Food & Beverage

  • 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.

  • March 14, 2017

    Real Estate Rumors: R&R, Block Capital, GFI

    R&R Development is said to be buying the Atlantic Club Casino Hotel in New Jersey and plans to covert it to a water park and restaurants, Block Capital has reportedly dropped $11 million on a pair of Miami buildings, and GFI Capital Resources is said to have bought a Kennedy Airport-area hotel for $60 million.

  • March 14, 2017

    Odwalla Sued Over 'No Sugar Added' Label On 100% Juices

    A consumer has launched a putative class action against the Coca-Cola-owned fruit juice brand Odwalla Inc. in California state court for sticking a “no added sugar” label on several of its juice products in a move that allegedly flouts FDA criteria for when such labels can be used.

  • March 14, 2017

    Coca-Cola Can't Nix $14M Plant Valuation At Ohio High Court

    Ohio’s Supreme Court refused Tuesday to upend a $14 million tax evaluation imposed on a Coca-Cola bottling and distribution company's Cincinnati facility, concluding the local auditor’s evaluations were properly relied on and that the appraisal method conformed with state law.

  • March 14, 2017

    Eatery Asks To Stick A Fork In Ill. Proposed Class Action

    Burger chain Steak 'n Shake Operations Inc. asked an Illinois federal judge Tuesday to toss a proposed class action filed by managers who allege they were improperly classified as exempt from overtime pay, saying a nearly identical collective action has been filed in Missouri and the newer case was duplicative.

  • March 14, 2017

    Buyers Know Kraft Parmesan From Fresh Cheese, Co. Says

    A reasonable customer looking at the words "100% Parmesan" on the front of Kraft's Parmesan cheese cans would know the product contains other ingredients, attorneys for the food giant told an Illinois federal judge overseeing multidistrict litigation on the label Tuesday.

  • March 14, 2017

    In Dispute Over Oxford Comma, 1st Circ. Sides With Drivers

    The First Circuit said the lack of a serial or Oxford comma in a Maine overtime statute made the law ambiguous, reviving a wage suit brought by a group of dairy delivery drivers.

  • March 14, 2017

    Safeway Settles Underfilled Tuna Suit In California

    A California federal judge on Monday signed off on Safeway Inc.'s settlement with a putative class over the supermarket chain’s alleged negligent misrepresentation about underfilled cans of tuna, without disclosing the settlement terms.

  • March 14, 2017

    ‘K-Cup’ Labeling Suit Class Hits Back On Decertification Bid

    A consumer in a class action against a food processing company and its subsidiary hit back Monday against attempts by the companies to decertify the class, telling an Illinois federal court their arguments in the suit, which alleges they sold coffee pods containing instant coffee but misrepresented them as fresh-ground, had already been rejected in court.

  • March 14, 2017

    Judge Warns That Sausage Suit Stuffed With 'Boilerplate'

    An Iowa federal judge has threatened counsel on both sides of a rancid pepperoni sausage dispute with sanctions, saying in an opinion that didn't bother to conceal his annoyance that he’s had it with the rampant use of “boilerplate objections” that tie up the court system.

  • March 13, 2017

    Washington Says Monsanto PCB Suit Belongs In State Court

    Washington state on Friday asked a federal judge to remand its lawsuit against Monsanto over the alleged contamination of waterways with polychlorinated biphenyls.

  • March 13, 2017

    Florida Arby's Hit With FLSA Suit Over OT Pay

    An hourly Arby’s employee filed a federal court suit Monday against the owner and operator of the Florida location at which she worked, alleging that she was denied proper pay for the overtime hours she worked at the restaurant in violation of the Fair Labor Standards Act.

  • March 13, 2017

    Ranchers, DOL Fight Shepherds’ Wage Floor Challenge

    Ranchers’ groups and the federal government on Friday opposed shepherds’ bid for a quick win in their suit challenging a Department of Labor rule setting what they say is a too-low pay floor for long-term livestock workers on H-2A visas, with the agricultural associations saying the shepherds are attempting to destroy the livestock industry and the government saying they haven’t identified a specific agency action to review.

Expert Analysis

  • Key Takeaways From FTC Merger Remedy Study

    Michael B. Bernstein

    Last week, the Federal Trade Commission released its first study on merger remedies in over 16 years. While the FTC views its overall approach as working well, the study also suggested that changes should be made and identified a number of best practices that FTC staff recommends, some of which are new, say attorneys with Arnold & Porter Kaye Scholer 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)

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Trends To Watch In DOJ Cartel Investigations This Year

    Lauren E. Briggerman

    For the first time in almost a decade, the U.S. Department of Justice's Antitrust Division does not appear to have a significant, multijurisdictional investigation to occupy its time and resources. As a result, the Antitrust Division’s focus in 2017 likely will be on smaller, domestic investigations, says Lauren Briggerman of Miller & Chevalier Chtd.

  • What TC Heartland Could Mean For Venue In ANDA Cases

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    If the U.S. Supreme Court agrees with TC Heartland, then courts will have to determine where the “act of infringement” occurs in abbreviated new drug application cases, where the accused product is not yet marketed or sold, says Wanda French-Brown of BakerHostetler.

  • Ohio: A New Hot Spot For Pricing Litigation

    Stephanie Sheridan

    California may grab the spotlight, but Ohio should not be overlooked as a high-risk area for pricing litigation. Recent cases filed in the Buckeye State against Visionworks, Michaels, Jos. A. Bank, Hobby Lobby, My Pillow and other retailers showcase Ohio's emergence as a popular venue for challenges to a wide variety of pricing practices, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • Texas Roadhouse Age Bias Trial Shows Relevance Of ADEA

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    Discrimination class actions seldom go to trial, let alone pattern-or-practice hiring cases like the recent case U.S. Equal Employment Opportunity Commission v. Texas Roadhouse. The lawsuit's testimony gives us a rare, close-up look at the possible areas of disconnect between formal corporate equal employment opportunity policies and the actual, on-the-ground realities, say Paul Mollica and Jahan Sagafi of Outten & Golden LLP.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.