Food & Beverage

  • February 13, 2017

    McDonald Hopkins Fights DQ Bid In Trade Secrets Suit

    McDonald Hopkins LLC urged a Florida federal judge Friday to toss a natural food store’s bid to disqualify the firm from a trade secrets suit over wellness products, arguing that the store can’t prove that the firm represented it in a previous case or used confidential information against it.

  • February 10, 2017

    China-Biotics Investor Says CEO Is Embezzling Funds

    An investor in animal feed maker China-Biotics Inc. said in a lawsuit filed Friday in Delaware Chancery Court that the company’s chairman and CEO is fraudulently transferring company assets to his friend, family and other companies he controls in order to avoid paying a $44 million judgment.

  • February 10, 2017

    Court Puffs Up Faegre's Interest Payment To Popcorn Expert

    A New York appeals court Friday doubled the amount of interest Faegre Baker Daniels LLP must pay on an award to a consultant the firm used to review a popcorn product patent, saying the trial court had misinterpreted the monthly rate.

  • February 10, 2017

    Jury Awards $12M To Subway Founder In Soured Fla. Deal

    A Florida jury on Friday awarded more than $12 million to Subway co-founder Fred Deluca and associated companies over a soured partnership with a developer to create a massive eco-friendly destination city in the middle of Florida, according to a lawyer for Deluca.

  • February 10, 2017

    PTAB Zaps Patent Covering Hot Pockets Sleeves

    The Patent Trial and Appeal Board invalidated as obvious a food packager’s patent covering cardboard sleeves that encase Hot Pockets and Lean Pockets freezer items, according to a recently unsealed decision.

  • February 10, 2017

    Gourmet Food Co. Hit With Suit Over Underfilled Popcorn Tins

    Gourmet food gift maker Harry & David LLC was hit with a consumer protection lawsuit in New York federal court on Friday alleging that the company's popcorn tins were deceptively underfilled in violation of the Federal Food, Drug and Cosmetic Act.

  • February 10, 2017

    Flextronics Gets $280M Counterclaim Nixed Over Fake Email

    An Illinois federal judge cut an at-home beverage system maker’s $280 million counterclaim from Flextronics International USA Inc.’s contract suit over their manufacturing agreement, holding Thursday that the company’s CEO created a false email to bolster its position, an “extraordinarily serious” act of misconduct that warrants an equally serious sanction.

  • February 10, 2017

    Consent Questions Negate TCPA Class Action: Pizza Hut

    Pizza Hut franchises fought Thursday against a putative class suit alleging violations of the Telephone Consumer Protection Act, arguing that there are too many individualized issues of consent over the allegedly unsolicited text messages for the suit to continue as a class action.

  • February 10, 2017

    CKE Bias Trial On Hold Until After Puzder Confirmation Vote

    A California state court has postponed a trial accusing CKE Restaurant Holdings Inc., the fast food company run by labor secretary nominee Andrew Puzder, of illegally terminating a disabled worker after CKE argued it couldn’t receive a fair trial while Puzder’s contentious nomination is still pending.

  • February 10, 2017

    NY Appeals Court Upholds NYC Restaurant Salt Warning Rule

    A New York appeals court on Friday affirmed a trial court’s rejection of a challenge to a controversial rule requiring chain restaurants in New York City to alert customers to high-sodium food they serve.

  • February 10, 2017

    SuperAmerica Agrees To $3.5M Deal To End TCPA Suit

    A putative class of consumers suing SuperAmerica, a popular convenience store chain, asked a Minnesota federal judge on Thursday for preliminary approval for a $3.5 million deal to settle their Telephone Consumer Protection Act claims.

  • February 10, 2017

    Del Monte Can't Get Rethink Of Refused $32M Confirmation

    A Florida federal judge cited an ongoing appeal Thursday when refusing to hold that Fresh Del Monte Produce Inc. is still clear to try and confirm a $32 million arbitration award won against one of its fruit suppliers, a Costa Rican pineapple plantation whose suit was dismissed in December.

  • February 10, 2017

    Reckitt Benckiser Inks $16.6B Mead Johnson Buy

    Reckitt Benckiser Group PLC will buy Mead Johnson Nutrition Co., which is behind brands such as infant formula Enfamil, for $16.6 billion, bolstering the British consumer products maker’s child and infant nutrition offerings and expanding its presence in China, according to a Friday announcement.

  • February 9, 2017

    Calif. Franchise Group Gets OK For $2.5M Wage Deal

    A California judge Thursday gave preliminary approval to a $2.5 million class action deal resolving the wage and working condition claims of 8,500 employees at franchises including Jack in the Box, Taco Bell, Sizzler's and Sears Home Appliance held by a Golden State investment group.

  • February 9, 2017

    5-Hour Energy Ordered To Pay $4.3M For Deceptive Ads

    The makers of 5-Hour Energy were ordered to fork over nearly $4.3 million in penalties and attorneys’ fees and costs for duping consumers with misleading claims regarding things like the effectiveness of the popular flavored energy shots, the Washington attorney general announced Wednesday.

  • February 9, 2017

    California Bill Would Tether Caps To Plastic Bottles

    A California lawmaker has introduced an environmental bill that would require all single-use plastic beverage containers by 2020 to have a cap that is tethered to the container, saying such caps dirty beaches and harm wildlife.

  • 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.

Expert Analysis

  • 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.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Opposing Class Cert. At 9th Circ. Just Got Tougher

    Michelle Gillette

    By eliminating the ascertainability requirement to certify a class, the Ninth Circuit’s recent decision in Briseno v. ConAgra Foods followed in the footsteps of the Sixth, Seventh and Eighth Circuits, while disagreeing with the Third Circuit. However, it left the door open for opposition to certification in cases that pose more serious obstacles to reliably “ascertaining” class members, say attorneys at Crowell & Moring LLP.

  • Is Restaurant Menu Labeling On ACA Chopping Block?

    Michael A. Walsh

    The Affordable Care Act contains a number of provisions not ordinarily associated with health care, including nutrition labeling of menu items for chain restaurants and retail food establishments. With the Trump administration working to fulfill its repeal and replace campaign promise, Michael Walsh of Strasburger & Price LLP looks at the current status of the menu labeling rule, its viability and some of its untested challenges.

  • The Path Forward For Industrial Hemp In Indian Country

    Michael D. Reif

    Historically, the legality of growing industrial hemp has been complicated by the commodity's classification as a Schedule 1 drug. As the movement for national legalization marches on, tribes interested in growing hemp should take steps to ensure that they do not lose ground relative to non-Indian farmers, says Michael Reif of Robins Kaplan LLP.

  • Deciphering RJR Nabisco's 'Domestic Injury' Requirement

    Robert P. Reznick

    Since the U.S. Supreme Court's decision in RJR Nabisco v. European Union last year, courts have grappled with the ruling's articulation of the “domestic injury” requirement for private claims under the Racketeer Influenced and Corrupt Organizations Act, and their analyses and conclusions as to where an “injury” has occurred are all over the map, say attorneys at Orrick Herrington & Sutcliffe LLP.