Food & Beverage

  • April 17, 2017

    Cravath Guides Ashland In $660M Pharmachem Deal

    Ashland, led by Cravath, rolled out a $660 million cash deal for privately owned Pharmachem Laboratories on Monday, allowing the specialty chemicals company to bolster its portfolio with a developer and manufacturer of branded nutritional and fragrance products.

  • April 17, 2017

    Flint Moms’ Suit Blames Racial Bias For Water Crisis

    More than 200 mothers have slapped the state of Michigan, Republican Gov. Rick Snyder and the city of Flint with a lawsuit over the recent water contamination crisis, arguing that the predominantly African-American city got short shrift due to residents’ race and income.

  • April 17, 2017

    Turkish Co. Hit With $8M Verdict In Hep A Pomegranate Suit

    A California federal jury on Friday found Turkish food company Goknur AS and its U.S. subsidiary, United Juice Corp, on the hook for $8 million in damages related to hepatitis A-contaminated pomegranate seeds the company provided to a pomegranate supplier and Oregon food distributor.

  • April 17, 2017

    Tribes, Enviros To Drop Salmon Suit Claims After Consultation

    Two California tribes and several environmental groups agreed Friday to pause their suit over the impact of the federal government’s operation of the Klamath Irrigation Project in Northern California and southern Oregon on salmon and promised to drop their remaining claims as long as the government completes a required consultation.

  • April 17, 2017

    Ex-Domino's Owner Says Atty Kept Mum About Sale Proceeds

    A former Domino’s Pizza franchise co-owner suing his lawyer for malpractice told an Illinois federal judge on Friday that the attorney failed to tell him he was entitled to as much as $340,500 from the restaurant’s sale because the lawyer feared upsetting the other co-owner, with whom he had a longtime business relationship.

  • April 17, 2017

    'Reserve' Variations Can’t Be Trademarked, Judge Rules

    A California federal judge on Friday tossed a trademark suit brought by restaurant and hotel reservation software maker Efficient Frontiers Inc. that alleges the restaurant app startup Reserve Media Inc. infringed its “reserve” trademarks, finding that the word is common in the hospitality industry and can’t be trademarked.

  • April 17, 2017

    Deals Rumor Mill: BJ's, Charter NEX Films, Anbang Insurance

    Amazon could buy BJ’s Wholesale Club for $4 billion or more, Leonard Green & Partners will acquire Charter NEX Films in a deal worth $1.5 billion, including debt, and Anbang Insurance has failed to receive all the necessary approvals for its $1.56 billion Fidelity & Guaranty Life acquisition.

  • April 17, 2017

    Slack-Fill Suits See Boom Despite Few Class Wins

    The number of “slack-fill” lawsuits claiming food companies trick consumers into thinking they are getting more product than they actually paid for has jumped more than six times since 2013, and that growth shows no signs of diminishing despite mixed results from judges’ decisions in these cases.

  • April 17, 2017

    Halal Food Co. Founder, Son Lose Appeal Over False Exports

    The founder of a halal food company and his son lost their attempt to overturn convictions tied to mislabeled halal exports Friday, as an Eighth Circuit panel tossed arguments that Congress had meant only for the U.S. Department of Agriculture to pursue mislabeled food violations.

  • April 14, 2017

    Brand Battles: Dr. Pepper, MLB, Dom Perignon

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Dr. Pepper is stymied in its efforts to register a hard root beer brand, Major League Baseball takes on a bong maker over "Major League Dabbing," and Dom Perignon is nonplussed about a dog pun.

  • April 14, 2017

    8th Circ. Sends General Mills Age Bias Row To Arbitration

    An Eighth Circuit panel ordered 33 ex-General Mills workers alleging they were laid off because of their age to argue their cases in individual arbitration rather than as a collective action on Friday, finding a Minnesota federal judge misread what the Cheerios maker had asserted.

  • April 14, 2017

    4 Key Takeaways From EPA Farm Reporting Rule Decision

    The D.C. Circuit’s recent ruling vacating a U.S. Environmental Protection Agency rule that exempted some animal feeding operations from pollution reporting requirements will force quick changes at those facilities and increase their risk of being sued. Here, Law360 looks at four takeaways from the appeals court’s decision.

  • April 14, 2017

    Real Estate Rumors: KMR, Mike Sarimsakci, Evelyn Greer

    KMR Equity Partners has reportedly dropped $22 million on a Brooklyn rental building, developer Mike Sarimsakci may change out the Trump Hotels flag at a planned Texas hotel for a different brand and attorney Evelyn Greer has reportedly sold a Florida mall to Publix and Echo Realty for $29.6 million.

  • April 14, 2017

    'Gluten-Free' Cheerios Made People Sick, 9th. Circ. Told

    A proposed class of consumers urged the Ninth Circuit to revive their suit against General Mills over supposedly gluten-free Cheerios that had been made with the wrong flour, saying that a lower court erred in concluding that a recall program made their claims baseless, and that the cereal had sickened consumers. 

  • April 14, 2017

    Syngenta Loses Bid To Enforce Pesticide Label Copyright

    A North Carolina federal judge has granted pesticide maker Willowood a quick escape from rival Syngenta Crop Protection LLC's copyright infringement claims in a suit over pesticide labels, finding that the parts of pesticide labels that are required under the Federal Insecticide, Fungicide, and Rodenticide Act are exempt from copyright protection.

  • April 14, 2017

    Kerrygold Gets Restraining Order Over Butter Trademark

    A Wisconsin federal judge issued an emergency restraining order Thursday against a new butter brand that allegedly flagrantly infringes longtime trademarks of Kerrygold butter, citing probable harm to Kerrygold without it.

  • April 14, 2017

    Checkers Cook Files Minimum Wage And OT Suit

    A former food preparer and cook at a Checkers restaurant on Wednesday in New York federal court filed a putative class suit against the fast food franchise, claiming the owners didn’t pay him at the applicable minimum wage and overtime rate and failed to provide accurate pay stubs in his primary language.

  • April 13, 2017

    Baker Says Insurer Wouldn't Cover Pies It Said To Toss

    An upstate New York pie company Thursday told a federal court Travelers left it in the lurch after a 2015 freezer accident by telling it to toss possibly salvageable pies, then refusing to pay its $1.1 million claim.

  • April 13, 2017

    Odwalla Seeks To End Delivery Driver's Rest Break Suit

    Odwalla Inc. urged a California judge Thursday to toss a putative class action alleging the juice and smoothie maker failed to provide its California delivery drivers with meal and rest breaks, arguing the driver who filed suit knew he was expected to take breaks but didn’t so he could finish work early and go to the gym.

  • April 13, 2017

    Fla. Inspectors Find Food Violations At Trump's Mar-a-Lago

    President Donald Trump’s Mar-a-Lago Club in Palm Beach was hit with a list of food safety violations — such as storing raw meat and poultry at warm temperatures — found during a January visit by Florida state restaurant inspectors.

Expert Analysis

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • When Grumpy Cat Becomes Grumpy Plaintiff: Memes In Court

    Alexander Ziccardi

    While memes’ influence on politics and pop culture is widely acknowledged, little attention has been paid to the legal risks facing the people who create and post memes. That soon may change. Memes have begun popping up in a handful of lawsuits that mirror the kinds of claims that have long been brought against more traditional media, says Alexander Ziccardi of Levine Sullivan Koch & Schulz LLP.

  • Beware Unintended Consequences Of Class Action Reform

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    The U.S. House of Representatives currently has before it a bill — H.R. 985 — intended to reduce abusive class action and mass tort practices that undermine the integrity of the legal system. Class action litigation does need reform, but some features of this legislation could perpetuate existing problems and create new ones, say Anthony Anscombe and Mary Beth Buckley of Sedgwick LLP.

  • NY Employers Can't Avoid Overtime And Minimum Wage Regs

    Joshua Zuckerberg

    When a district court judge in Texas enjoined the U.S. Department of Labor’s federal overtime rule last year many employers breathed a sigh of relief. However, there are many states, like New York, that have expressed a real intent to fill the void and make sure that labor protections continue, say Joshua Zuckerberg and LaKeisha Caton of Pryor Cashman LLP.

  • Cannabis Industry Standards: ASTM May Fill The Vacuum

    James Ravitz

    There are no uniform standards to ensure cannabis is produced and processed in a way that protects consumer health and safety. State regulators in Colorado, California and elsewhere have tried to fill the gap, but this patchwork approach is far from perfect. ASTM International's newly announced plan for cannabis industry standards could be beneficial, say James Ravitz and Emily Leongini of Arent Fox LLP.

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Insights From Oral Arguments In McLane V. EEOC

    Anne Knox Averitt

    Although the only issues before the U.S. Supreme Court in McLane v. U.S. Equal Employment Opportunity Commission are the appellate review standard and the relevance of employee contact information, it will behoove employers if the court sheds additional light on how to factor other considerations in responding to EEOC subpoenas, says Anne Knox Averitt of Bradley Arant Boult Cummings LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.