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Food & Beverage

  • June 8, 2018

    Bay Area Restaurants Dinged $10M For Wage Theft

    The California Labor Commissioner’s Office said Thursday it has issued citations to seven Bay Area restaurants for more than $10 million in wage theft violations that affected 431 workers, saying investigators discovered that the eateries failed to pay cooks and dishwashers minimum wage, overtime, and premiums for working split shifts.

  • June 8, 2018

    Meet The Lobbyist Battling FDA In Epic Supplement Clash

    C. McClain “Mac” Haddow was a top official at the U.S. Department of Health and Human Services who endured a stunning fall from grace, dusted himself off and built an influential lobbying shop with big-name drugmaker clients. Now, in the twilight of his career, he finds himself at the center of one of the most heated battles to ever surround a dietary supplement.

  • June 8, 2018

    Drink Co.'s Tactics In JPMorgan Suit Puzzle 9th Circ. Judge

    A Ninth Circuit judge on Friday questioned the litigation tactics of Hip Hop Beverage Corp. in its suit accusing a JPMorgan Chase Bank manager of helping the energy drink company’s former chief operating officer steal $3 million, saying Hip Hop should have reported the COO to the police.

  • June 8, 2018

    Gibson, Fried Frank Aid $190M Blackstone-Tishman NYC Loan

    Gibson Dunn & Crutcher LLP represented Blackstone Mortgage Trust Inc. in connection with its $190 million loan to Fried Frank Harris Shriver & Jacobson LLP-counseled Tishman Realty Corp. for a hotel that includes restaurant and retail space on West 44th Street in Manhattan, according to records made public in New York on Friday.

  • June 8, 2018

    'Natten's' Sausage Vendor In Hot Water With Nathan's Famous

    A federal judge on Friday ordered a Central Park vendor to cease operating a "Natten's Famous" food cart, issuing a temporary injunction after New York hot dog giant Nathan's sued him for trademark infringement.

  • June 7, 2018

    Nestle, Cargill 'In Bed' With Slave Owners, 9th Circ. Hears

    An attorney representing six victims of human trafficking urged the Ninth Circuit on Thursday to revive their suit accusing Nestle and Cargill of aiding child slavery in Ivory Coast cocoa farms by funding slave owners, arguing that the companies' U.S. corporate teams are "in bed with slaveholders" and are liable for violating international law.

  • June 7, 2018

    Calif. Sues Toddler Formula Makers Over Lead In Products

    The California attorney general brought a lawsuit Thursday against toddler formula makers Nutraceutical Corp. and Graceleigh Inc., after state officials discovered dangerously high levels of lead in the companies' products.

  • June 7, 2018

    Fla. Hotel Hit With Class Action Over Automatic Gratuities

    A consumer filed a putative class suit Thursday in Miami accusing the Mondrian South Beach Hotel of deceptively charging automatic gratuity fees at its restaurants, bars and food areas.

  • June 7, 2018

    Dems Defend Emoluments Suit, Will Seek Trump Tax Docs

    Congressional Democrats will seek President Donald Trump’s tax returns if a judge agrees to hear a suit accusing him of violating the foreign emoluments clause of the U.S. Constitution, Sen. Richard Blumenthal said Thursday following oral arguments in D.C. federal court over an effort to quash the case.

  • June 7, 2018

    Pa. Man Cops To Taking Disability Benefits While Working

    A Pennsylvania man pled guilty Thursday to taking more than $57,000 in disability benefits from the U.S. Railroad Retirement Board even though he was working in a restaurant as a short-order cook during the time he received the benefits, the U.S. Department of Justice announced.

  • June 7, 2018

    Pizza Hut Franchisee Renews Push To Arbitrate Driver Claims

    A Pizza Hut franchisee on Thursday once again asked an Illinois federal court in a proposed class action over vehicle-related expenses to compel arbitration following a recent U.S. Supreme Court ruling on class action waivers, saying arbitration agreements signed by three delivery drivers suing the franchisee are enforceable.

  • June 7, 2018

    Proposed Bill Targets Cancer Risk Product Labeling

    A bipartisan group of senators and congressmen on Thursday said that legislation they simultaneously introduced in the U.S. Senate and the U.S. House of Representatives would require labels to clearly identify the potential cancer risks of a product in a clear way that is backed by science.

  • June 7, 2018

    9th Circ. OKs Toss Of Twinings Tea Antioxidant Case

    The Ninth Circuit on Wednesday upheld the dismissal of a proposed class action seeking to block tea maker Twinings from selling products with allegedly misleading health claims, finding the customer who brought the suit did not allege that she would repurchase the product.

  • June 7, 2018

    German 'Glen' Whisky Might Evoke Scotch, EU Court Rules

    The European Union's highest court ruled Thursday that a German whisky called Glen Buchenbach might infringe Scotland's protected name rights to Scotch whisky, even though the bottle says it's made in Germany.

  • June 6, 2018

    Conrad & Scherer Says Atty Perjured Himself In Chiquita MDL

    Conrad & Scherer LLP slammed an independent attorney’s effort to get the firm thrown from multidistrict litigation alleging Chiquita funded Colombian paramilitaries, telling a Florida federal court Wednesday that the solo practitioner doesn’t have the ability to represent the clients and had committed perjury.

  • June 6, 2018

    Wendy's Data Breach Claims To Be Governed By Ohio Law

    A Pennsylvania federal judge on Wednesday accepted a magistrate’s recommendation that a lawsuit against fast-food chain Wendy’s by a group of financial institutions in 16 states be governed by Ohio law for negligence claims involving a 2016 payment card data breach.

  • June 6, 2018

    Faulty Coffee Filter Claims Survive Walmart Toss Attempt

    A California federal judge on Tuesday allowed breach of warranty and unfair business practice claims to move forward in a suit brought by a putative class of consumers who say that single-serve coffee filters they bought from Walmart do not work in Keurig 2.0 machines.

  • June 6, 2018

    Planet Hollywood Owner Gets Bertucci's At Auction For $20M

    Restaurant holding company and Planet Hollywood parent Earl Enterprises has purchased bankrupt Bertucci’s at auction for $20 million, bringing the Italian casual dining chain into its wide-ranging portfolio.

  • June 6, 2018

    Applebee's Tees Up Litigation With Bankrupt Franchisee

    The parent company of Applebee’s Neighborhood Bar and Grill told a Delaware bankruptcy judge Wednesday that it was ready to move forward with an adversary complaint against one of its largest franchisees and it would not oppose the intervention in the case of creditors.

  • June 6, 2018

    I'm From The Government & I'm Here To Sue Over Trademarks

    It's one thing to face trademark accusations from a big scary company, but what about from the government? A new case filed last week over the "Virginia Is For Lovers" tourism slogan is just the latest in a string of recent public-private brand battles.

Expert Analysis

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Opinion

    A Solution To China’s Counterfeiting Problem

    Amy Hsiao

    How can we stop fake versions of products from circulating throughout China? The answer might come from the internet of things and the Quick Response code, say Amy Hsiao of Swanson and Bratschun LLC and Samuel Speed of Yingke Law Firm.

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.

  • Congress Makes A Splash By Tackling Tip Pools

    Marc Zimmerman

    The tug of war over which restaurant employees are entitled to a piece of customer gratuities continues. Seven years after the U.S. Department of Labor issued regulations expressly prohibiting employers from requiring tipped employees to share gratuities with nontipped staff, the rope has moved in the opposite direction, say Marc Zimmerman and Kathryn Lundy of Michelman & Robinson LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Opinion

    The Flawed European Remedy To Bayer-Monsanto Deal

    Allen Grunes

    It is a safe bet that the U.S. Department of Justice is poised to sign on to the European agreement on Bayer’s acquisition of rival Monsanto, perhaps with a few tweaks. Even so, the Bayer-Monsanto transaction is likely to harm U.S. farmers, say Allen Grunes and Maurice Stucke, founders of The Konkurrenz Group.