Food & Beverage

  • March 6, 2018

    Law Firm Slams Costco's Jury Instruction In Junk-Fax Suit

    A law firm has objected to Costco’s proposed jury instructions in a Telephone Consumer Protection Act class action accusing the retailer of sending unsolicited faxes, telling a Missouri federal court Monday that they appear designed to cause confusion.

  • March 5, 2018

    Applebee's Franchisee Reveals Payment Card Data Breach

    Diners who used their payment cards at more than 160 Applebee's restaurants in Illinois, Texas, Florida and a dozen other states late last year may have had their personal information compromised in a recently discovered data breach, the franchisee that operates the affected locations said Friday.

  • March 5, 2018

    Coke Says Foreign Licensees Key Marketers In $3.3B Case

    An attorney for Coca-Cola Co. said Monday that the company's foreign licensees performed a key marketing function for the group, while an IRS lawyer said the entities did little to deserve the high profits they collected as the sides squared off in their Tax Court case over a $3.3 billion transfer pricing assessment.

  • March 5, 2018

    Flavor Maker Can't Shed Popcorn Glaze-Copying Claims

    An Illinois federal judge denied Bell Flavors and Fragrances Inc.'s bid to end a suit by Gold Medal Products Co. alleging the theft of trade secrets for a popcorn glaze, saying Friday that neither side has gotten the upper hand in this case over the famously ill-defined concept of “trade secrets.”

  • March 5, 2018

    Tax Court Affirms Excise Tax On Family's Roth IRA Payments

    Members of a family business that sells a patented product for mixing chemicals have to pay excise taxes on their Roth IRA contributions after the U.S. Tax Court ruled on Monday that they had exceeded their limits by trying to channel their income through a Bermuda-based corporation.

  • March 5, 2018

    Sugar Co. Worker Wins $13.4M Jury Award Over Harassment

    American Sugar Holdings Inc. discriminated against an employee when it created a hostile work environment because she was a woman, a New York federal jury found Friday, awarding the employee $13.4 million in damages.

  • March 5, 2018

    State Auto Wants Out Of Billy Goat Potato Chip TM Row

    State Auto Property and Casualty Insurance Co. told an Illinois federal court Monday it wants out of a suit claiming a potato chip maker stole the name of Chicago's Billy Goat Tavern, saying the company’s policy doesn’t cover willful intellectual property violations.

  • March 5, 2018

    4th Circ. Says Co. Lacked Chance To Probe Harassment Claim

    The Fourth Circuit ruled Monday that a food packaging company can’t be held liable for one of its workers sexually harassing a colleague because her suit lacked specifics and she voluntarily quit before the company had a chance to properly investigate her complaints.

  • March 5, 2018

    States Back Wash. In High Court Tribal Salmon Culvert Row

    A group of 11 states led by Idaho’s attorney general urged the U.S. Supreme Court on Friday to overturn a Ninth Circuit ruling requiring the state of Washington to replace hundreds of culverts to protect Native American salmon fishing, saying the decision could rob states of much of their traditional regulatory power.

  • March 5, 2018

    Coca-Cola Ad Ripped Off Puerto Rican Songwriter, Suit Says

    A Puerto Rican songwriter accused The Coca-Cola Co. of ripping off part of a famous song that had become a rallying cry for people on the island in the wake of two hurricanes last year, according to a suit in the territory's federal court Monday.

  • March 5, 2018

    Smucker's $285M Deal For Conagra's Wesson Draws FTC Fire

    The Federal Trade Commission sued Monday to keep J.M. Smucker Co. from forging ahead with its $285 million plan to buy the Wesson cooking oil line from Conagra Brands Inc., saying the combination would allow the company to hike prices.

  • March 5, 2018

    High Court Says US Can Pursue NM Water-Sharing Claims

    The U.S. Supreme Court on Monday said the federal government may pursue claims that New Mexico has violated a Rio Grande water-sharing deal by allowing its residents to siphon off more than their share of the water before it is delivered to Texas.

  • March 5, 2018

    2nd Circ. Cool On Nixing Banana Seller’s ERISA Fraud Rap

    A three-judge panel of the Second Circuit on Monday posed tough questions to a New York banana distributor who is appealing his conviction for robbing his company’s profit-sharing plan, with one judge noting that “darn few” cases are reversed on the basis of arguments like the ones he made.

  • March 5, 2018

    Kind Bar False Labeling Claims Curbed For USDA Guidance

    A New York federal judge on Friday put false labeling claims against Kind LLC in limbo while the government determines a national standard for genetically modified food disclosures, lumping consumers' state claims that it falsely advertised its products as non-GMO in a temporary hold with their "all natural" claims until August.

  • March 2, 2018

    Insurers Denied Quick Exit From Covering Dole Fraud Claims

    A Delaware judge has denied six excess insurers’ bid for a ruling that they don’t have to indemnify Dole Food Co. or two top officers for $222 million in settlements they struck to resolve stockholder suits accusing them of driving down Dole’s price before a 2013 take-private deal, finding that state law doesn’t prohibit insurance for such claims.

  • March 2, 2018

    Walmart Hit With 2nd Suit Claiming False Egg Labeling

    Another group of consumers has sued Walmart Inc. and an egg supplier over false labeling, this time in Washington federal court Friday, saying the retail giant lies about the treatment of chickens and maintains that their cage-free eggs come from hens with “outdoor access” when they are actually confined to industrial barns.

  • March 2, 2018

    Hotel Guest’s Role In Own Death Sinks ‘Dram’ Suit: NC Court

    The North Carolina Supreme Court ruled Friday that a Crowne Plaza guest who checked in to celebrate her wedding anniversary and checked out dead of alcohol poisoning was at least as responsible for her death as was the hotel, freeing the owners of a “dram shop” claim that a lower court had revived.

  • March 2, 2018

    Insurer Must Defend Defunct Grocery Over Gang Shooting

    An Illinois appellate panel Thursday found that Boston-based Netherlands Insurance Co. owed a duty to defend now-defunct Chicago-area grocery chain Dominick's in a lawsuit over a fatal gang shooting in the parking lot of one of its stores in 2004, reversing a lower court's ruling but rejecting the grocer's argument that the insurer acted in bad faith.

  • March 2, 2018

    Ex-Guard For Heinz Exec Must Face Insider Trading Suit

    A New York federal judge on Friday said the former security guard of a board member for H.J. Heinz Co. cannot escape claims that he profited from inside information gleaned on the job, saying the guard was not permitted by contract to use the board member’s confidential information for any reason outside his work.

  • March 2, 2018

    Brand Battles: 'Lord Of The Rings,' Bayer, MLB, Scotch Whisky

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, an Atlanta brewery faces a fight over a beer name that's similar to a character from "Lord of the Rings," Bayer protects its Aleve brand, Major League Baseball kicks off spring training, and the governing body for Scotch is livid about "Glen."

Expert Analysis

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Munchee Case Clarifies SEC's Stance On Digital Tokens

    Joel Telpner

    The U.S. Securities and Exchange Commission's recent order against Munchee provides us with some guidance that goes beyond the SEC's July report that addressed initial coin offerings. Specifically, issuers must be extremely attentive to how their tokens are being marketed, says Joel Telpner of Sullivan & Worcester LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 5 Things To Watch For In FCPA Enforcement This Year

    David Simon

    After much hand-wringing in 2017 about whether Foreign Corrupt Practices Act enforcement would diminish radically under President Donald Trump, it’s now safe to say that all signs point toward continued and vigorous enforcement, say attorneys with Foley & Lardner LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.