Food & Beverage

  • January 29, 2024

    Clase Azul Maker Says Similar Tequila TM Vexes Customers

    The creator of Clase Azul tequila told a Houston federal judge Monday that the emergence of Delaware-based Casa Azul Spirits LLC is creating confusion in the tequila industry for the first time in his company's more than 20-year history during the first day of a trademark infringement trial between the entities.

  • January 29, 2024

    Kellogg Can't Flout Pension Guardrails, Retirees Say

    Kellogg retirees urged a Michigan federal judge to shoot down the cereal and snack foods company's argument that it has "carte blanche to shortchange employees" by using old data to calculate pension payments.

  • January 29, 2024

    Protein Bar Co.'s Insurer Says Supplier Ruined $3M In Product

    An insurer for a Pittsburgh-based protein-bar maker said the company lost $3 million due to plastic and paper contaminants found in collagen supplied by a Michigan-based company, according to a lawsuit filed in Pennsylvania state court Friday.

  • January 29, 2024

    Mass. AG Can't Vacate Order In Liquor Law Dispute

    A Massachusetts judge has rejected the state attorney general's bid to vacate a pre-settlement decision that called into question the constitutionality of a 2021 liquor law amendment requiring arbitration in a contract dispute between a craft brewer and a distributor.

  • January 29, 2024

    Rust-Oleum Can't Wipe Greenwashing Suit Over Degreaser

    A California federal judge refused to let Rust-Oleum exit a putative false advertising class action alleging it greenwashes degreaser products with the terms "non-toxic" and "Earth friendly" despite them containing harmful chemicals, ruling a jury should decide if a reasonable consumer would be deceived.

  • January 26, 2024

    Vince McMahon Resigns From WWE Amid Sex Trafficking Suit

    Vince McMahon, co-founder of World Wrestling Entertainment Inc., has resigned, a WWE representative confirmed Friday, a day after a former employee claimed McMahon forced her to have sex, trafficked her to other executives and employees, and then forced her out with a nondisclosure agreement and hush money.

  • January 26, 2024

    2 Business Owners Get Jail Time For Bribing DC Tax Official

    A concert operator and a bar owner have been hit with sentences of two years or longer in the District of Columbia for participating in separate conspiracies focused on evading business tax obligations via bribes to a former employee of the D.C. Office of Tax and Revenue.

  • January 26, 2024

    Cannabis Bill Roundup: Federal Housing Bill Gets A New Shot

    Lawmakers on Capitol Hill reintroduced legislation to protect access to federal housing for individuals using or selling cannabis in compliance with state programs. Legislators in multiple states pitched proposals to rein in hemp-derived intoxicating products. And in New Hampshire, Hawaii and Mississippi, lawmakers introduced or advanced proposals to legalize cannabis for adult recreational use. Here are some of the major legislative moves in hemp and cannabis policy from the past week.

  • January 26, 2024

    Missing Comma Can't Impede Chubb Policy, 11th Circ. Told

    A French food wholesaler urged an Eleventh Circuit panel Friday to reverse a lower-court ruling that an insurance company does not have to cover a lawsuit for alleged negligent audits due to a policy clause's missing comma, arguing that the New Jersey law applied in the case favors broad interpretation.

  • January 26, 2024

    Instacart Downplayed Competition In Pre-IPO Docs, Suit Says

    Grocery delivery company Instacart has been hit with a proposed shareholder class action in California federal court alleging the company negligently prepared documents for its 2023 initial public offering by misrepresenting its growth potential.

  • January 26, 2024

    Mich. Justices To Hear Disney, Eatery Group's Escheat Fight

    The Michigan Supreme Court agreed Friday to review a lower court's finding that audits that the state Department of Treasury initiated against Disney and a restaurant company paused the statute of limitations for the agency to demand that the businesses turn over unclaimed property to the state.

  • January 26, 2024

    Enviro Org., Feds Seek Wins In Mid-Atlantic Fishery Reg Fight

    The Natural Resources Defense Council and U.S. government are squaring off over summer flounder, black sea bass and scup fishing regulations for mid-Atlantic states, with the former telling a D.C. federal judge they unlawfully allow overfishing while the latter claims they are appropriate changes to address recreational fishing management challenges.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    US Paper Plate Cos. Accuse Asian Rivals Of Dumping Wares

    Domestic paper plate producers have called on U.S. trade officials to investigate rival imports from China, Thailand and Vietnam, alleging that producers abroad were using unfair trade practices to gain an edge in the U.S. market.

  • January 26, 2024

    High Court Asked To Review FDA Flavored E-Cig Denials

    Vape maker Magellan Technology Inc. is asking the U.S. Supreme Court to review the U.S. Food and Drug Administration's denial of its application to market flavored e-cigarettes, saying there's a circuit split on whether the FDA gave companies proper notice of the criteria it would use.

  • January 26, 2024

    Moroccan Grain Tycoon Sees Jail Term For Hiding Assets Cut

    An English appeals court on Thursday overturned a contempt of court conviction of a grains importer executive, who was accused of failing to comply with an asset disclosure order over a $3.5 million arbitral award issued to a subsidiary of food specialist Archer-Daniels-Midland Co., or ADM, in Switzerland.

  • January 26, 2024

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

    The past week in London has seen Sainsbury’s Supermarkets face patent proceedings over a specific type of mandarin, Alexander Nix, the former chief of Cambridge Analytica, embroiled in further proceedings with Dynamo Recoveries, the sports management arm of Warner Bros raise a red card against crypto exchange Next Hash, and EY targeted in a libel claim by a consultancy firm. Here, Law360 looks at these and other new claims in the U.K.

  • January 25, 2024

    MrBeast Says Restaurant Co.'s Suit Is Trying To 'Gaslight' Court

    YouTube megastar MrBeast urged a New York state court to dismiss a lawsuit filed by the virtual restaurant company he partnered with and then sued for damaging his brand by allegedly making bad food, arguing the company's countersuit attempts to both unlawfully silence him and "gaslight" the court and the public.

  • January 25, 2024

    Poorly Tested 'Real Water' Caused Liver Failures, Jury Hears

    The Las Vegas "alkaline water" brand Real Water went to trial Thursday over claims it precipitated a liver failure cluster after even its own executive's illness did not persuade the company to test properly or issue a recall.

  • January 25, 2024

    $5B Denver Cheese Co. Saves Trial Win In Family Feud

    A Colorado appellate panel on Thursday upheld the trial win of a $5 billion Denver cheese company that fended off a billion-dollar lawsuit by a niece of the private company's former CEO, with the panel concluding that "plaintiffs have not been deprived of all economic benefit of their shares."

  • January 25, 2024

    ADM Hit With Investor Suit Over Nutrition Biz Investigation

    Food and animal nutrition company Archer-Daniels-Midland was hit with a proposed class action by an investor in response to an accounting probe of its nutrition segment, and the administrative leave of its chief financial officer announced earlier this week.

  • January 25, 2024

    Fla. Court Says Publix Injury Suit Wrongly Tossed For Fraud

    A Miami-area court went a little too far when it totally tossed a woman's slip-and-fall suit against Publix Supermarket Inc. after videos surfaced showing her moving just fine despite her claims of permanent spinal injuries, a Florida appeals court has ruled, saying she can at least sue for medical expenses.

  • January 25, 2024

    State Farm Beats Suit Alleging Excessive COVID-Era Premiums

    A California federal judge on Thursday said State Farm Fire and Casualty Co. did not collect excessive premiums during the COVID-19 pandemic, handing the insurer an early win in a proposed class action brought by a cafe owner.

  • January 25, 2024

    Domino's Seeks To Cut Swapped Plaintiffs In Driver Wage Row

    Domino's Pizza told a Michigan federal judge that none of the proposed substitute lead plaintiffs in an expense reimbursement collective action can adequately represent a nationwide class of delivery drivers because many of them have already committed to arbitrate their claims.

  • January 25, 2024

    Farmers Can't Show They Were Tricked Into Risky Grain Deals

    A Michigan federal judge has freed two grain buyers from farmers' allegations that they were trapped in illegal futures contracts for corn and soybeans, finding the farmers failed to show they were misled.  

Expert Analysis

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

    Author Photo

    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Sackett's US Waters Redefinition Is A Boon For Developers

    Author Photo

    The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

    Author Photo

    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Tips For Employers Using OSHA Accident And Injury Data

    Author Photo

    Since the Occupational Safety and Health Administration recently issued two memorandums on enhanced penalties for violations, employers are increasingly looking to reduce their OSHA risks, but they are often unaware of the benefits of data analytics and the readily available public data set that can help companies, says Michael Ryan at Foley & Lardner.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

    Author Photo

    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • High Court TM Ruling Is A Small Dog With A Big Bite

    Author Photo

    The U.S. Supreme Court’s recent ruling in Jack Daniel’s v. VIP Products is fairly narrow and may or may not result in trademark infringement liability, but the decision touches on core principles that could affect trademark litigation and registration for years to come, says Robert Hunziker at Covington.

  • Title IX Damages Outlook 1 Year After High Court Ruling

    Author Photo

    Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

    Author Photo

    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • Maine PFAS Law Is A Lesson In Legislative Flexibility

    Author Photo

    Nearly two years after enacting its PFAS in Products law, the Maine Legislature shows a willingness to revisit its prior legislative action to balance competing stakeholder concerns, ​and is modeling the necessary flexibility needed to address PFAS, say Mathew Todaro and Maye Emlein at Verrill Dana.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

    Author Photo

    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Fla. Foreign Real Estate Law Brings Broad Investment Risks

    Author Photo

    Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

    Author Photo

    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

    Author Photo

    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • Potential Risks And Benefits Of NY Cannabis Crop Rescue Act

    Author Photo

    Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

    Author Photo

    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Food & Beverage archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!