Food & Beverage

  • April 14, 2017

    8th Circ. Sends General Mills Age Bias Row To Arbitration

    An Eighth Circuit panel ordered 33 ex-General Mills workers alleging they were laid off because of their age to argue their cases in individual arbitration rather than as a collective action on Friday, finding a Minnesota federal judge misread what the Cheerios maker had asserted.

  • April 14, 2017

    4 Key Takeaways From EPA Farm Reporting Rule Decision

    The D.C. Circuit’s recent ruling vacating a U.S. Environmental Protection Agency rule that exempted some animal feeding operations from pollution reporting requirements will force quick changes at those facilities and increase their risk of being sued. Here, Law360 looks at four takeaways from the appeals court’s decision.

  • April 14, 2017

    Real Estate Rumors: KMR, Mike Sarimsakci, Evelyn Greer

    KMR Equity Partners has reportedly dropped $22 million on a Brooklyn rental building, developer Mike Sarimsakci may change out the Trump Hotels flag at a planned Texas hotel for a different brand and attorney Evelyn Greer has reportedly sold a Florida mall to Publix and Echo Realty for $29.6 million.

  • April 14, 2017

    'Gluten-Free' Cheerios Made People Sick, 9th. Circ. Told

    A proposed class of consumers urged the Ninth Circuit to revive their suit against General Mills over supposedly gluten-free Cheerios that had been made with the wrong flour, saying that a lower court erred in concluding that a recall program made their claims baseless, and that the cereal had sickened consumers. 

  • April 14, 2017

    Syngenta Loses Bid To Enforce Pesticide Label Copyright

    A North Carolina federal judge has granted pesticide maker Willowood a quick escape from rival Syngenta Crop Protection LLC's copyright infringement claims in a suit over pesticide labels, finding that the parts of pesticide labels that are required under the Federal Insecticide, Fungicide, and Rodenticide Act are exempt from copyright protection.

  • April 14, 2017

    Kerrygold Gets Restraining Order Over Butter Trademark

    A Wisconsin federal judge issued an emergency restraining order Thursday against a new butter brand that allegedly flagrantly infringes longtime trademarks of Kerrygold butter, citing probable harm to Kerrygold without it.

  • April 14, 2017

    Checkers Cook Files Minimum Wage And OT Suit

    A former food preparer and cook at a Checkers restaurant on Wednesday in New York federal court filed a putative class suit against the fast food franchise, claiming the owners didn’t pay him at the applicable minimum wage and overtime rate and failed to provide accurate pay stubs in his primary language.

  • April 13, 2017

    Baker Says Insurer Wouldn't Cover Pies It Said To Toss

    An upstate New York pie company Thursday told a federal court Travelers left it in the lurch after a 2015 freezer accident by telling it to toss possibly salvageable pies, then refusing to pay its $1.1 million claim.

  • April 13, 2017

    Odwalla Seeks To End Delivery Driver's Rest Break Suit

    Odwalla Inc. urged a California judge Thursday to toss a putative class action alleging the juice and smoothie maker failed to provide its California delivery drivers with meal and rest breaks, arguing the driver who filed suit knew he was expected to take breaks but didn’t so he could finish work early and go to the gym.

  • April 13, 2017

    Fla. Inspectors Find Food Violations At Trump's Mar-a-Lago

    President Donald Trump’s Mar-a-Lago Club in Palm Beach was hit with a list of food safety violations — such as storing raw meat and poultry at warm temperatures — found during a January visit by Florida state restaurant inspectors.

  • April 13, 2017

    Neal Gerber Lands Former Kirkland M&A Attorney

    A former partner with Kirkland & Ellis LLP, who has represented Molson Coors Brewing and private equity firm GTCR in mergers and acquisitions, has joined Neal Gerber & Eisenberg LLP in Chicago.

  • April 13, 2017

    Don Pablo's Tex-Mex Chain Gets Ch. 11 Bankruptcy Plan OK

    A Texas federal bankruptcy court on Wednesday approved the Chapter 11 plan of the owner of the Don Pablo’s chain of Tex-Mex restaurants.

  • April 13, 2017

    TGI Friday's Staffers Seek Cert. On Notice Issue In Wage Row

    TGI Friday’s tipped workers asked a New York federal judge on Wednesday to certify a class of employees seeking a determination that the restaurant chain and its former owner denied them proper wage and hour statements, saying that granting the request will move the litigation along and let the court decide common legal issues.

  • April 13, 2017

    Syngenta To Face Punitives In Minn. GMO Seed Bellwethers

    Three bellwether plaintiffs in litigation brought by corn farmers and others over an allegedly botched GMO seed rollout by agribusiness giant Syngenta can seek punitive damages, a Minnesota judge has ruled, saying a jury could potentially find that their rights were flagrantly disregarded.

  • April 12, 2017

    Farmers Co-Op Loses Bid To Ax $1.7M MF Global Trades Suit

    MF Global Holdings Ltd. on Wednesday beat a farming cooperative's effort to dismiss its $1.7 million suit for gains on over-the-counter derivatives trades that predate the firm's 2011 bankruptcy, as a judge found the co-op had a sufficient heads-up that it could face litigation.

  • April 12, 2017

    Kerrygold Butter Says Irishgold Is Phony In Trademark Suit

    An Irish dairy distributor has filed suit demanding that a Wisconsin creamery stop using packaging designed to dupe customers into mistaking its product for Kerrygold butter, taking advantage of an Irish butter shortage in the state.

  • April 12, 2017

    Weil To Represent China Fishery Despite Funding Concerns

    A New York bankruptcy judge on Wednesday authorized China Fishery Group Ltd. to retain Weil Gotshal & Manges LLP as Chapter 11 counsel over limited objections raised by a group of secured lenders who questioned the source of the bankrupt company’s legal funds.

  • April 12, 2017

    Minn. High Court Says CEO Personally Liable For Sales Tax

    The Minnesota Supreme Court on Wednesday concluded that the CEO of a company through which his son operated a restaurant was personally liable for its unpaid sales taxes because he was still sufficiently active in the establishment’s operations and signed its tax forms, reversing a state tax court’s decision.

  • April 12, 2017

    Purina, Dog Owners Resolve Claims Over Beggin' Strips

    Purina has resolved a proposed class action claiming the company tricked customers into thinking that Beggin' bacon-flavored dog treats contain more bacon than they actually do, according to a Tuesday filing in New York federal court.

  • April 12, 2017

    McDonald's Pittsburgh Store Buy Wasn't Legal, Judge Says

    A Pennsylvania magistrate judge on Wednesday ruled McDonald's Corp. breached a lease agreement with a landlord who owned the property where one of its restaurants is located, finding the fast-food chain hadn’t legally exercised an option to buy the property.

Expert Analysis

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Insights From Oral Arguments In McLane V. EEOC

    Anne Knox Averitt

    Although the only issues before the U.S. Supreme Court in McLane v. U.S. Equal Employment Opportunity Commission are the appellate review standard and the relevance of employee contact information, it will behoove employers if the court sheds additional light on how to factor other considerations in responding to EEOC subpoenas, says Anne Knox Averitt of Bradley Arant Boult Cummings LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • What Food Cos. Can Expect From New Date Label Standards

    Anne Marie Ellis

    A number of major manufacturers have signaled their willingness to adopt new standards for date labels used on U.S. food products recently introduced by the Food Marketing Institute and the Grocery Manufacturers Association. Industry insiders anticipate widespread adoption of the standards, as they also serve as a way for food manufacturers to undermine looming federal legislation, say Anne Marie Ellis and Michael Preciado of Buchalter.

  • Opinion

    Returning Balance To The NLRB

    Kurt G. Larkin

    Labor practitioners have come to expect changes when control of the National Labor Relations Board changes hands. As long as the pendulum swings within the limitations established in the National Labor Relations Act, the system remains workable. By any objective measure, following the Obama administration’s drastic and one-sided policy changes, it is clear the pendulum needs to swing back, says Kurt Larkin of Hunton & Williams LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Essential Precautions To Take In Liquor Licensing Sales

    Lisa Kolieb

    While hotel and restaurant operators and their legal counsel generally know that the alcoholic beverage industry is governed by a complex regulatory framework, many do not consider potential hazards in the business licensing, permitting and regulatory compliance process. By planning from the onset and consulting specialized alcoholic beverage counsel, operators can avoid accidental violations, say Lisa Kolieb and Ian Bacheikov of Akerman LLP.

  • Limiting Remedies On Celebrity Right-Of-Publicity Claims

    Arsen Kourinian

    When a licensee uses a celebrity’s image or likeness past the term of a license agreement, but in the same manner previously consented to, the claim falls squarely into a right-of-publicity tort and is like an intellectual property claim for economic damages. Emotional distress damages should not be available, says Arsen Kourinian of McGuireWoods LLP.

  • Cutting Labeling Regs May Harm Companies' Bottom Lines

    Jill Hutchison

    President Donald Trump recently signed an executive order on reducing regulations, with the goal of creating a less burdensome, lower-cost regulatory environment for businesses. However, some federal regulations — for example, those related to food labeling — can actually smooth the operation of nationwide consumer products businesses, and aid the expansion of smaller companies into additional markets, says Jill Hutchison of Jenner & Block LLP.