Food & Beverage

  • June 14, 2017

    Marsh Approved For $28M Sales Of 26 Stores, Inventory

    Bankrupt grocery chain Marsh Supermarkets Holding LLC received court approval Wednesday in Delaware for a series of sale transactions that will provide about $28 million in cash to the debtor's estate after resolving numerous objections to the proposals.

  • June 14, 2017

    Safeway Tells 9th Circ. Online Prices Didn't Flout Terms

    Safeway has asked a Ninth Circuit panel to reverse a finding that it is liable for $42 million in a class action brought by customers claiming they were overcharged for online orders, arguing the advertising promises it allegedly broke were not in its contract with online shoppers.

  • June 14, 2017

    WTO Won't Settle Russia-Ukraine Fertilizer Row Before 2018

    A World Trade Organization panel currently examining Russia’s case against Ukrainian tariffs on fertilizer said that it will not be able to finish its work before the early part of next year, citing the complex nature of the case.

  • June 14, 2017

    Philly Beverage Tax Survives Challenge In Pa. Appeals Court

    A Pennsylvania appeals court on Wednesday upheld Philadelphia's controversial tax on sweetened beverages after rejecting arguments that the levy was a legally impermissible duplication of the state's sales tax.

  • June 13, 2017

    Restaurant App's TM Win Doesn't Merit Fees, Judge Says

    A California federal judge on Monday refused to grant about $1 million in attorneys’ fees to a restaurant app startup after it won dismissal of a trademark suit, finding that the case does not stand apart from others.

  • June 13, 2017

    Aykroyd’s Vodka Co. Nears $870K Win, US Ban In IP Row

    A California federal judge tentatively ruled Tuesday that Dan Aykroyd's Crystal Head Vodka company is entitled to a U.S. sales ban and $870,000 in disgorged profits from a spirits rival that knocked off its iconic bottle — short of the worldwide ban and $13 million the company requested.

  • June 13, 2017

    5 Tips To Avoid A Bumble Bee-Like Deal Review Debacle

    If companies and their advisers needed a lesson in the importance of getting one's house in order before notifying the government of a major transaction, there is no better example than Bumble Bee, in which a merger review led to criminal charges and engulfed an industry. Here, practitioners share advice on how to uncover and address collateral antitrust risks from government scrutiny of a deal.

  • June 13, 2017

    Deals Rumor Mill: Hexagon, Brookdale, Eldorado Brasil

    Information technology firm Hexagon could be sold to a U.S. or European rival in a deal valuing it at about $20 billion, Zhonghong is in talks to buy senior living community operator Brookdale, and multiple companies are vying to buy Brazilian pulp company Eldorado.

  • June 13, 2017

    Yum Brands Prices $750M Notes Offering

    Yum Brands Inc. on Monday said that it has priced a $750 million notes offering, increasing the deal from a previously announced $500 million offering, with plans to repay outstanding indebtedness under a revolving credit facility.

  • June 13, 2017

    Canada Dry Buyers Agree To Combine False Ad Suits

    Several consumers told a California federal court Monday that they agree with Dr Pepper Snapple Group Inc.'s request to consolidate their proposed class action claiming Canada Dry ginger ale is falsely said to contain real ginger with a similar suit, drawing ire from the firm representing the individuals leading the other matter.

  • June 13, 2017

    Papa John's Franchisee Sued Over Vehicle Reimbursements

    A Papa John’s franchisee has violated minimum wage laws by reimbursing delivery drivers fewer car-related costs than they are owed, according to a proposed class and collective action filed in Virginia federal court Monday.

  • June 13, 2017

    Kroger Unit Fired Contaminated-Test Whistleblower, Suit Says

    A former pharmacist at a Kroger Co. subsidiary has filed a complaint alleging that the grocer fired him after he blew the whistle on its alleged use of contaminated glucose testing meters during a store promotion, and that the company violates privacy laws by forcing employees to clock in through a fingerprint scanning machine.

  • June 13, 2017

    Caribou Coffee Settles Proposed TCPA Class Action for $8.5M

    Caribou Coffee Co. and the proposed class of consumers who accused it of sending unsolicited text messages that violated the Telephone Consumer Protection Act have reached a settlement worth $8.5 million, with the chain agreeing to end its message marketing program as well, according to a Wisconsin federal court filing.

  • June 13, 2017

    Consumers Urge 9th Circ. To Revive Subway TCPA Claims

    A proposed class of consumers told the Ninth Circuit on Monday that Subway cannot enforce their arbitration agreement with T-Mobile in their Telephone Consumer Protection Act suit against the sandwich chain, saying Subway doesn’t have the right to enforce T-Mobile’s agreements with customers.

  • June 13, 2017

    UK Agency Wants Concessions In Heineken's £305M Pub Buy

    The U.K. antitrust regulator on Tuesday said Heineken’s private equity-backed £305 million ($388.3 million) acquisition of 1,900 U.K. pubs is likely to hinder competition, giving the brewer about a week to come up with an acceptable fix.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    US, China Finalize Deal To Open Up Beef Trade

    The Trump administration said Monday it has finalized details of a plan to begin shipping beef to China, a month after Beijing committed to opening Chinese markets to U.S. beef sales for the first time in more than a decade.

  • June 12, 2017

    West American Sues Nutiva Over False Ad Suit Coverage

    West American Insurance Co. and two other insurers sued Nutiva Inc. in California federal court on Monday over coverage for a putative class action accusing the coconut oil maker of falsely promoting its products as healthful.

  • June 12, 2017

    Mexico, US Reach Understanding To Bypass Sugar Duties

    Mexico and the U.S. have reached an agreement in principle on sugar imports, preventing the U.S. from reimposing previously suspended anti-dumping and countervailing duties, which it had threatened unless Mexico renegotiated an agreement on price minimums and limits on exports, among other things.

  • June 12, 2017

    Deals Rumor Mill: Toshiba, Bayer, Lotte

    A group featuring Western Digital will offer at least $18 billion for Toshiba's memory chip business, multiple companies are vying for Bayer assets that are being sold as it tries to get its $66 billion Monsanto takeover approved, and Lotte's Malaysian petrochemical unit could be worth $1.39 billion in an IPO.

Expert Analysis

  • Scott Gottlieb And The Future Of The FDA

    Kristi Wolff

    The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Understanding The US Ban On Importing Forced Labor Goods

    Claire Reade

    U.S. law is clear that the United States can block the import of goods made with forced labor, and can bring enforcement actions against importers. President Donald Trump and his team have been outspoken about trade enforcement in general, with China as a particular focus. This may presage a new enforcement trend, say Claire Reade and Samuel Witten of Arnold & Porter Kaye Scholer LLP.