Food & Beverage

  • March 12, 2018

    9th Circ. Panel Wrestles With Email Scam Coverage Battle

    A Seattle-based seafood company urged a Ninth Circuit panel Monday to rule that Travelers must cover losses the company suffered when it was manipulated into wiring funds to a fraudster who posed as a vendor in emails, arguing its crime policy does not limit coverage to direct hacking incidents.

  • March 12, 2018

    7th Circ. Kicks Out Suit Over Wendy's Hacky Sack Promotion

    The Seventh Circuit said Friday that the holder of a Guinness record related to footbags — commonly known as hacky sacks — had no legitimate claim that he was harmed when Wendy’s International Inc. ran a meal promotion encouraging customers to beat Guinness World Records Ltd. footbag records.

  • March 12, 2018

    Credit Unions Fight Chipotle's Bid To Dodge Breach Suit

    A proposed class of banks suing Chipotle Mexican Grill Inc. for exposing diners' credit card numbers in a recent data breach urged a Colorado federal judge Monday to keep its case alive, claiming the burrito chain's lax security created preventable risks that extend beyond the mere loss of funds.

  • March 12, 2018

    Feds Mount Last-Ditch Effort To Save Boston City Hall Case

    Federal prosecutors are set to mount a last-ditch effort on Wednesday to persuade a Massachusetts federal judge to rethink a jury instruction the government says makes it almost impossible to prove a pair of Boston City Hall aides committed Hobbs Act extortion by allegedly pressuring a music festival to hire unneeded union labor.

  • March 12, 2018

    CIT Grants $2.8M Default Judgment Against Rupari For Fraud

    The U.S. Court of International Trade on Friday granted the federal government’s request for a default judgment of nearly $2.8 million against Rupari Food Services Inc., a now-defunct meat and barbecue distributor accused of falsely claiming back in the ’90s that imports of frozen Chinese crawfish were from Thailand to avoid paying antidumping duties.

  • March 12, 2018

    Taco Chain Owner Stole $5.6M In Taxes, Wash. AG Says

    The owner of six Seattle-area taco restaurants was criminally charged with theft for allegedly using illegal technology in cash transactions that let him pocket more than $5.6 million in unpaid taxes, in what is the largest “sales suppression software” case in state history, Washington Attorney General Bob Ferguson said Friday.

  • March 12, 2018

    La. Wrong Venue For Food Co.'s $1M Coverage Spat: 5th Circ.

    The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.

  • March 12, 2018

    Ex-Workers Say Catalina Obscured Facts In Layoff Suit

    Former Catalina Restaurant Group Inc. employees have asked a California federal judge to revive a lawsuit alleging the restaurant operator violated state and federal law by terminating workers without adequate warning, arguing that the company misled the court about how many employees were laid off.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Monsanto Testimony Stretches Limits Of Judge’s Math Skills

    Apologizing for his “less than rudimentary” math skills, a California federal judge stepped down from the bench and scrawled a calculation on the back of a poster-board demonstrative Friday, seeking to understand a Monsanto expert’s highly technical testimony supporting the company’s bid to end litigation alleging its Roundup weed killer causes cancer.

  • March 9, 2018

    Transmar Cocoa CEO, Son Plead Guilty To $400M Bank Fraud

    A father and son pled guilty Friday in New York federal court to defrauding a group of lenders through false “borrowing base” reports designed to secure a $400 million line of credit for their cocoa trading company, Transmar Commodity Group Ltd., and face a maximum of 30 years in prison.

  • March 9, 2018

    Mars Unit Launches $100M Fund For Pet Care Startup Org.

    Mars Inc.’s pet food and pet products arm said Friday it will launch a $100 million venture capital fund as part of a recently announced program to help accelerate growth and provide guidance to pet care industry startup companies.

  • March 9, 2018

    Trade Court Backs Rebar Duties On Vine Stakes From China

    The U.S. Court of International Trade on Friday upheld a U.S. Department of Commerce ruling that found a Chinese company’s agricultural training stakes were within the scope of an anti-dumping order on Chinese steel reinforcing bars, finding the department's decision “reasonable and supported by substantial evidence.”

  • March 9, 2018

    Tax Court Judge Trims Coke's Evidence In $3.3B IRS Row

    A U.S. Tax Court Judge on Friday struck down portions of an expert report submitted by The Coca-Cola Co. in the company's $3.3 billion transfer pricing dispute with the Internal Revenue Service, after the government complained the interviews used to compile the report had not been properly documented.

  • March 9, 2018

    Oyster Hatchery Needs Permit For Discharges, 9th Circ. Says

    The Ninth Circuit on Friday upheld a lower court’s ruling that a Washington state oyster farming operation must face a Clean Water Act lawsuit filed by environmentalists, because the facility’s pipes, ditches and channels are “point sources” under the act and require a permit.

  • March 9, 2018

    Ill. Domino's Drivers Granted Class Cert. In Wage Suit

    A Chicago federal judge on Thursday granted conditional class certification in a collective action accusing two Illinois Domino’s Pizza franchisers of underpaying their delivery drivers, saying the employee who filed suit made the “modest factual showing” necessary to show she and other drivers worked under a common unlawful policy.

  • March 9, 2018

    Calif. Appeals Court Affirms Automatic Tips Are Taxable

    A California appellate court affirmed a trial court’s decision Friday, saying that gratuities automatically imposed on restaurant checks for large groups are taxable, rejecting the claims made by an operator of multiple restaurants that such additions to checks were optional and legally not subject to sales tax.

  • March 9, 2018

    15 Months In, Philly Still Plagued With Soda Tax Uncertainties

    It’s been 15 months since the city of Philadelphia enacted its sweetened beverage tax, and there looks to be no end in sight to the fighting and fallout that have plagued it from the outset, thanks to lower-than-expected tax revenue as well as court battles.

Expert Analysis

  • Approaching Restaurant Leases As A Tenant: Part 1

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP.

  • How The Hospitality Industry Is Dealing With Tip Pool Regs

    Margaret Grover

    The hospitality industry has long relied on tips and service charges to augment wages paid to employees. The U.S. Department of Labor has proposed new regulations governing tip sharing, in part as a response to regulations it promulgated in 2011, which have resulted in a split between the federal circuits and a petition for certiorari in the U.S. Supreme Court, says Margaret Grover of Wendel Rosen Black & Dean.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Gene-Edited Crops Ripe For Renewed Regulatory Focus

    Brian Sylvester

    Earlier this month, the U.S. Department of Agriculture released a report on agriculture and rural prosperity highlighting innovations in agricultural biotechnology as a driver of the “fourth industrial revolution.” To foment further innovation in agricultural biotechnology and reduce regulatory burden on industry, the federal regulatory framework should be updated, says Brian Sylvester of Keller and Heckman LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • The Possible Pitfalls Of A Text Messaging Ad Campaign

    Jarrod Shaw

    Telephone Consumer Protection Act lawsuits increased 17.6 percent last year from October to November, and of the 348 TCPA lawsuits filed in November, 20.1 percent were class actions. Businesses can avoid becoming part of these statistics by following the guidance courts have handed down, say Jarrod Shaw and Elizabeth Thomas of McGuireWoods LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 5 Things Advertisers Learned From NAD Last Year

    Linda Goldstein

    The National Advertising Division had a busy 2017. The investigative unit of the advertising industry’s system of self-regulation issued almost 80 case reports last year, covering a wide range of advertising and marketing issues, say Linda Goldstein and La Toya Sutton of BakerHostetler.