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Food & Beverage

  • November 20, 2018

    Architects Scoff At Claim Five Guys Got OK To Share Designs

    Architecture firm Soos & Associates Inc. asked an Illinois federal court Monday to dismiss Five Guys' counterclaims in the firm's copyright infringement suit against the burger chain, saying its former client can’t plausibly argue the two agreed Five Guys could share Soos’ restaurant design plans with a competing architecture firm.

  • November 20, 2018

    Producer's $2.3M Exit From Poultry Price-Fix Suit OK'd

    Georgia-based Fieldale Farms has secured a $2.25 million exit from a class of food service distributors’ suit surrounding an alleged decadelong industry-wide plot by poultry producers to ratchet up chicken prices, after an Illinois federal judge gave final approval to the settlement.

  • November 19, 2018

    Korean Cos. Altered Ramen Noodle Pricing Docs, Jury Hears

    A computer forensic expert took the stand Monday during the third day of a California federal jury trial over multimillion-dollar class claims that two South Korean companies fixed the prices of instant ramen noodles, testifying that the companies altered internal pricing documents before giving them to the Korean antitrust watchdog.

  • November 19, 2018

    High Court Denies Rehearing Over Illegal H-2A Visa Fees

    The U.S. Supreme Court on Monday declined to review an appeal lodged by a woman found guilty by a Minnesota federal jury of a scheme to take illegal fees from foreign workers who received H-2A work visas.

  • November 19, 2018

    4 Cos. Eye December IPOs With New Filings Totaling $350M

    Four companies spanning a wide range of industries — from biotechnology and transportation companies to a plant-based meat startup and cryptocurrency bank — filed initial public offerings on Friday that are preliminarily estimated to total $350 million and could price before the year’s end.

  • November 19, 2018

    Real Estate Rumors: Blackstone, Habitat, TF Cornerstone

    A Blackstone Mortgage Trust entity has reportedly loaned $211.9 million for a Florida retail and residential project, a $200 million Habitat Co. Chicago mixed-use project is said to have received the green light, and TF Cornerstone has reportedly dropped $300 million on a development site near the location of the new New York City Amazon headquarters.

  • November 19, 2018

    Former Chiquita Exec Looks To Exit Terror-Funding MDL

    A former executive at produce distributor Chiquita International Brands Inc. has urged a Florida federal court presiding over multidistrict litigation to toss tort claims that he was involved in a scheme to fund a Colombian terrorist group, asserting he had no knowledge of any such alleged payments.

  • November 16, 2018

    NJ Judge Says Prior Politics Won't Bias Him In Grocery Row

    A Republican New Jersey state court judge has declined to recuse himself from a supermarket competition case involving an attorney from his town who supported his Democratic political rivals, ruling that a “reasonable” person wouldn’t find that a 14-year-old election campaign would impact his impartiality.

  • November 16, 2018

    10th Circ. Sides With Wheat Farmers Over USDA Insurance

    The Tenth Circuit sided with a group of Colorado wheat farmers Friday in their lawsuit against the U.S. Department of Agriculture and the Federal Crop Insurance Corp. over calculations that the farmers said limited their ability to insure against losses.

  • November 16, 2018

    Wine Co. Shareholder Can't Avoid $29M Bill, 11th Circ. Told

    An American investor in a Chilean wine company has urged the Eleventh Circuit to affirm a lower court’s decision ordering a controlling shareholder of the venture to cough up $28.7 million, accusing him of playing a “cat-and-mouse game” to avoid paying what he owes.

  • November 16, 2018

    Papa John's, Schnatter Duel Over Chancery Records Demand

    Attorneys for Papa John's International Inc. and former CEO John Schnatter dueled using another fast-food chain’s symbol Friday during post-trial battling in Delaware Chancery Court over Schnatter’s expansive demands for board records after his ouster as both CEO and the pizza company’s public face.

  • November 16, 2018

    Fed. Circ. Backs PTAB’s Decision To Uphold Blender Patent

    The Federal Circuit on Friday affirmed a Patent Trial and Appeal Board decision that part of a F’Real Foods LLC patent related to a self-cleaning blender was not invalid, upholding a victory for the milkshake maker in its dispute with Hamilton Beach Brands Inc.

  • November 16, 2018

    Monster Energy Scares Up $5M Win In Calif. TM Trial

    An automotive tool company infringed the trade dress of beverage giant Monster Energy Co.’s trademark green-and-black “monster” packaging with its “Monster Mobile” line of tools, a California federal jury found Friday, while declining to rule the infringement willful and awarding a $5 million verdict far short of the $50 million Monster sought.

  • November 16, 2018

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

    The last week has seen a new suit against Credit Suisse over debt investment, Kuwait's social security agency take on Man Group, and Allianz and several food distributors sue one of the world's biggest container shipping companies. Here, Law360 looks at those and other new claims in the U.K.

  • November 16, 2018

    Brand Battles: Eagles Aim To Sack 'Philly Special' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Philadelphia Eagles file their first case over the trademark rights to their famous “Philly Special” trick play, and Warner Bros. says there's no place like TTAB to file a case over a "Wizard of Oz"-themed craft beer.

  • November 16, 2018

    Chiquita Units Try To Duck Ecuador Farmers' Pesticide Claims

    A group of Chiquita Brands International Inc. affiliates asked a Delaware federal judge Friday to free them from a portion of litigation alleging they and others exposed Central and South American banana farmers to harmful pesticides, arguing the Ecuadorian farmers in the suit had not laid out specific claims against the brand.

  • November 16, 2018

    Calif. High Court To Hear Suit Against Atty Over Monster Deal

    The California Supreme Court has agreed to hear an appeal by Monster Energy Co., which is seeking to revive its suit against an attorney who allegedly breached a confidentiality agreement in the settlement of an underlying suit blaming Monster’s energy drinks for the death of a teenager.

  • November 15, 2018

    Calif. Judge Moves Up Roundup Trial Due To Health Concerns

    A California judge on Thursday granted a couple's request to expedite the trial schedule for their lawsuit alleging Monsanto's Roundup and Ranger Pro herbicides gave them cancer, saying their health could impact their ability to pursue their claims and setting the trial for March 18.

  • November 15, 2018

    Pilgrim's Pride Controllers Say Del. Jurisdiction Doesn't Apply

    The controlling shareholders of chicken producer Pilgrim’s Pride Corp. and their affiliated board members told a Delaware Chancery Court judge Thursday that breach of fiduciary duty claims lodged by minority shareholders should be tossed because the Delaware courts don’t have jurisdiction over the defendants.

  • November 15, 2018

    Crabbers Snap At Energy Cos. With Calif. Climate Tort

    A coalition of fishermen’s groups Wednesday sued Chevron Corp., Exxon Mobil Corp. and other energy companies, blaming them for contributing to ocean damage caused by climate change, which they say has forced the closure of lucrative crab fisheries off the coasts of California and Oregon.

Expert Analysis

  • A Canadian Perspective On The 'New NAFTA'

    Matthew Kronby

    Last week, Canada reached agreement with the United States and Mexico on what is essentially a revised North American Free Trade Agreement. The new U.S.-Mexico-Canada Agreement alters some provisions of NAFTA, maintains others and borrows a few ideas from the Trans-Pacific Partnership, say attorneys with Borden Ladner Gervais LLP.

  • Missouri Asks, 'Where's The Beef?'

    Martha Charepoo

    A newly enacted Missouri law makes it a misdemeanor to use the word “meat” on labels of food products that do not come from an animal. Businesses selling meat substitute products in the state that do not meet the new labeling requirements could face liability under another consumer protection statute as well, says Martha Charepoo of Baker Sterchi Cowden & Rice LLC.

  • Fighting ADA Website Suits, Without Federal Guidance

    Stephanie Sheridan

    Despite the large number of digital accessibility lawsuits — thousands in the last few years alone — brought under the Americans with Disabilities Act, there are still no bright-line rules that retailers can follow in order to avoid being targeted, say attorneys with Steptoe & Johnson LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.