We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Food & Beverage

  • September 7, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a software developer sue Citibank for breach of contract, a new filing between British Airways and its pension trustees, and a claim brought by African food distributors and major insurers Axa, Allianz Generali and Swiss Re against container shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • September 7, 2018

    Monsanto Can Keep Defenses In San Diego Bay Pollution Row

    San Diego can’t shake Monsanto’s contention that it’s at least partially to blame for pollution in the San Diego Bay, a federal judge ruled Thursday, finding that the agribusiness’ affirmative defenses, including claims the Southern California city and its port district had unclean hands, deserve more evidence before dismissal.

  • September 7, 2018

    UK Equity Firm Partly Escapes Tuna Price-Fix Claims

    The British private equity firm that owns Bumble Bee Foods can largely slip the net of multidistrict litigation over an alleged tuna fish price-fixing plot, a California federal judge ruled, but the firm's American arm still faces potential antitrust class actions.

  • September 7, 2018

    Brand Battles: Hot Pockets, Adderall, Superman

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestlé gets indigestion over "Pocket Bacon," the producer of Adderall isn't pleased about a homeopathic rival that riffs on the name, and Warner Bros. defends the Superman franchise.

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    Hawaii Eatery Group, Workers Send Tip Suit To State Court

    A Hawaii restaurant group and a proposed employee class that accused it of illegal tip pooling have agreed to take their dispute to state court, according to an agreement between the parties approved Thursday by a Hawaii federal court judge.

  • September 7, 2018

    Saul Ewing Atty Creates New Zoning For Largest US Mall

    Mall of America owner Triple Five Group recently cleared a major hurdle in the approval process for its planned mega-mall in Miami — which is slated to be the nation's largest — after Saul Ewing Arnstein & Lehr LLP helped the developer create a new retail-entertainment zoning category the project plans to use.

  • September 7, 2018

    Third Point Looks To Oust Campbell's Entire Board

    Activist investor Third Point revealed plans Friday to replace Campbell’s entire board, slamming the sitting directors for failing to forge a turnaround and contending the food giant’s poor performance is a reflection of a “tenure of mismanagement, waste, ill-conceived strategy and inept execution.”

  • September 6, 2018

    9th Circ. Questions Halved Attys' Fees After IP Trials

    Two Ninth Circuit judges questioned a lower court’s decision to halve the attorneys’ fees awarded to a sculptor who successfully sued a Hoover Dam cafe for copyright infringement and breach of contract, noting Thursday that even though the suit had to be retried, preparation for the first trial was used for its successor.

  • September 6, 2018

    Starbucks Can't Stall Cancer Label Suit For 'Hypothetical' Rule

    A California judge who determined coffee must carry cancer warnings on Thursday rejected Starbucks and other companies’ bid to pause applying those warnings or handing out potentially billions of dollars in statutory penalties while a state agency considers a rule that might render warnings unnecessary, saying he won’t stay a case based on “a hypothetical regulation.”

  • September 6, 2018

    Judge Tells Thelonious Monk’s Estate To ‘Get Real’ In IP Row

    A California federal judge on Thursday urged counsel for the estate of jazz legend Thelonious Monk to settle its case accusing a brewery of infringing its trademarks, saying his client needs to “get real” about what it wants from the brewery and that it's “sad” that a deal between the parties that once funded jazz education has devolved into litigation.

  • September 6, 2018

    Suit Over Coverage For Bee Kill-Off To Move Forward

    A California federal judge refused to grant multiple insurers a win Wednesday in a suit over coverage for underlying litigation against a commercial farm that killed off bee colonies it had used for pollination, saying there were factual disputes that make the applicability of two exclusions an open question.

  • September 6, 2018

    Kona Beer Drinkers Seek Class Cert. In Packaging Suit

    Kona Brewing Co. customers claiming the company dupes consumers into thinking mainland-made beer is brewed in Hawaii urged a California federal judge Thursday to certify a Golden State shoppers class, arguing that the product’s packaging confusingly lists Kona among its brewing locations, when only Hawaii-sold suds are made there.

  • September 6, 2018

    KFC Wage Suit Kept Out Of State Court For Now By 9th Circ.

    The Ninth Circuit ruled Thursday that a wage and hour class action lodged against a Kentucky Fried Chicken franchisee by its workers should remain in federal court for the time being since a California district judge essentially relied on “guesswork” when he concluded that the lead plaintiff met a key legal benchmark.

  • September 6, 2018

    Pizza Hut Drivers Close In On $2M Deal To End Wage Case

    Two Wisconsin Pizza Hut operators have agreed to a $2 million deal to settle a suit from a class and collective of delivery drivers who had alleged they were not adequately compensated for their driving expenses.

  • September 6, 2018

    Monsanto Can't Round Up Chemical Docs From Advocacy Org

    A New York judge handed a defeat to agrichemical giant Monsanto Co. on Thursday in its fight for documents from an advocacy group that has called for a halt on the use of glyphosate, the key ingredient in Monsanto’s Roundup weed killer, with the judge saying the subpoena risked "chilling" free speech and political activity.

  • September 6, 2018

    Cherokee Nation Tossed From Tuna Price-Fixing MDL

    The Cherokee Nation lacks standing to sue packaged tuna producers Bumble Bee Foods LLC, Chicken of the Sea and StarKist Co. for an alleged price-fixing conspiracy, a California federal judge has ruled in ejecting the tribe from a broader multidistrict litigation.

  • September 5, 2018

    Applebee's Franchisee Files Ch. 11 Plan As Litigation Looms

    RMH Franchise Holdings Inc. filed a Chapter 11 plan of reorganization Tuesday in Delaware that calls for a $10 million sale of new common stock to existing equity sponsor Acon Franchise Holdings Inc. and hinges on the debtor succeeding in litigation with Applebee’s over the validity of agreements that allow RMH to operate more than 100 Applebee's restaurants.

  • September 5, 2018

    Monster Energy Says Rival Markets 'Modern-Day Snake Oil'

    Monster Energy Co. sued Vital Pharmaceuticals Inc. in California federal court Tuesday, saying the rival energy drink maker falsely advertises its Bang beverage as a miracle potion that delivers cures “that have evaded scientists” while disparaging the quality and advantages of Monster drinks.

  • September 5, 2018

    Jimmy John's Store Sued Over Salmonella Outbreak

    A Wisconsin Jimmy John’s allegedly at the center of a 2017 salmonella outbreak was sued Tuesday by one of its purported victims, a woman who said the chain had long known of safety issues with the believed culprit, sprouts.

Expert Analysis

  • FLSA Settlements Face Challenges In NY After Cheeks Ruling

    Alex Umansky

    Following the mandated court review of all Fair Labor Standards Act settlements, which resulted from the Second Circuit's decision in Cheeks v. Freeport Pancake House, two recent decisions show how courts have begun to routinely reject agreements that contain terms once considered boilerplate, say Alex Umansky and Jeffrey Rosenberg of the Law Office of Yuriy Moshes PC.

  • Gap Between Calif. And Federal Wage And Hour Law Grows

    Kirstin Muller

    In its recent decision in Troester v. Starbucks, the California Supreme Court unanimously rejected application of the federal Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law. The ruling changes the state's employment law landscape in important ways, says Kirstin Muller of Hirschfeld Kraemer LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Strategies For Dealing With US-China Tariffs

    Russell Menyhart

    Increasing U.S. and Chinese tariffs have magnified the challenges of doing business internationally, particularly for small and medium-sized enterprises. But review of products' tariff classifications, the public comment process for proposed tariffs, and tariff exemption applications all provide companies with opportunities to reduce harm, say Russell Menyhart and Ying Zhu of Taft Stettinius & Hollister LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • It's Not Too Early To Prep For New Mass. Employment Laws

    Sean O’Connor

    Courtesy of the “grand bargain” legislation, significant changes are coming to Massachusetts employment law. Among other new requirements, employers should prepare for increases in the state minimum wage rates, revisions to tipped employees’ wages, and a new state-administered paid family and medical leave program, says Sean O’Connor of Morgan Brown & Joy LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.