Food & Beverage

  • February 9, 2017

    Nestle Sued Again Over Lean Cuisine 'No Preservatives' Label

    A California woman hit Nestle USA Inc. with a proposed class action on Wednesday claiming its Lean Cuisine frozen meals are falsely labeled as having no preservatives when in fact they do, the second time in three months the company has been accused of deceptive marketing.

  • February 8, 2017

    Policy Doesn't Cover Seafood Co.'s Fraud Loss, 9th Circ. Told

    Travelers on Wednesday urged the Ninth Circuit to uphold a Washington federal judge's ruling that a Seattle-based seafood company isn't entitled to coverage for losses it suffered when it was manipulated into wiring funds to a fraudster, saying computer fraud insurance only applies to hacking by third parties.

  • February 8, 2017

    Calif. Tribes Win Battle Over Water Project's Salmon Impact

    A California federal judge on Wednesday found that two federal agencies failed to adequately protect Coho salmon when the fish started dying from intestinal parasites in recent years, and ordered the government to take immediate measures to remedy the problem.

  • February 8, 2017

    Okla. Eatery Can't Dodge $2.1M FLSA Penalty: 10th Circ.

    The Tenth Circuit on Tuesday would not let Oklahoma-based El Tequila LLC off the hook from owing $2.1 million in back wages and damages to hundreds of workers, saying all evidence indicates the restaurant chain purposefully violated the Fair Labor Standards Act.

  • February 8, 2017

    Trump Urged To Loosen Up Beef, Pork Trade With Japan

    U.S. beef and pork producers on Tuesday called on President Donald Trump to use his upcoming meeting with Japanese Prime Minister Shinzo Abe as a forum for improving market access in Tokyo now that the U.S. has withdrawn from the Trans-Pacific Partnership.

  • February 8, 2017

    Pom Says 'Wonder Fuel' Maker Forum-Shopping In TM Row

    Pom Wonderful holding company The Wonderful Company told a California federal judge on Tuesday that the manufacturer of coconut oil-based "Wonder Fuel" beverages is “forum shopping” in federal court despite ongoing proceedings at the Trademark Trial and Appeal Board.

  • February 8, 2017

    CKE Restaurants Hit With Antitrust Class Action

    Managers at CKE Restaurants Group, the fast food chain headed by Trump labor secretary nominee Andy Puzder, filed an antitrust class action in California state court Wednesday alleging the company and flagship burger brand Carl’s Jr. illegally suppress wages by preventing franchisees from hiring each other’s workers.

  • February 8, 2017

    Deals Rumor Mill: Aramco, Jose Cuervo, Canada Goose

    Aramco has tapped Moelis to assist with an IPO that could value the energy company at $2 trillion, Jose Cuervo's IPO is expected to price at the high end of its range, and Canada Goose has filed confidentially for a debut listing that could value the company at $2 billion.

  • February 8, 2017

    Chinese Ammonium Sulfate Imports Harm Industry, ITC Says

    The U.S. International Trade Commission on Wednesday said it has determined that domestic producers of ammonium sulfate are materially harmed by imports of the product from China, which the U.S Department of Commerce found were sold in the U.S. at less than fair value.

  • February 8, 2017

    Legal Groups Back Patent Venue Rule Changes At High Court

    TC Heartland LLC continues to draw a wide base of support as its asks the U.S. Supreme Court to put restrictions on where patent lawsuits can be filed, with various legal experts and activist groups expressing concern about a concentration of patent cases in a few select districts.

  • February 8, 2017

    Texas Roadhouse Ageism Case Gets Post-Mistrial Mediator

    A Massachusetts federal judge on Wednesday referred the U.S. Equal Employment Opportunity Commission’s age bias case against restaurant chain Texas Roadhouse Inc. to mediation, following a recent mistrial.

  • February 8, 2017

    Packing Co. Sues To Head Off $45M Applesauce Arbitration

    A pouch packaging company filed suit in New York federal court Tuesday looking to block its applesauce manufacturer business partner from international arbitration proceedings alleging contract breach and seeking more than $45 million, proceedings the packing company says aren’t allowed under the contract.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 8, 2017

    Ratkovich JV Scores $120M Loan To Pay Off CMBS Debt

    A joint venture that includes The Ratkovich Co. has scored $119.5 million in financing to pay off existing CMBS debt at a Los Angeles-area mixed-use community that includes University of Southern California medical buildings, according to an announcement on Tuesday from borrower-side broker Holliday Fenoglio Fowler LP.

  • February 7, 2017

    AIG Policies Don't Cover Unfair Competition Deal, Judge Says

    A Texas magistrate judge on Tuesday found that an AIG unit's policies don't cover agricultural product company Stoller Enterprises Inc.'s settlement of an unfair competition lawsuit, but said Stoller should be allowed to pursue its claims that the insurer's claims handling practices violated the state insurance code.

  • February 7, 2017

    Garden Fresh Gets More Time To File Ch.11 Plan

    Bankrupt restaurant chain Garden Fresh Restaurant Intermediate Holding LLC may enjoy an extra few months of exclusivity to file a Chapter 11 reorganization plan, a Delaware court ruled Tuesday, after the chain said there were no objections to its bid for a time extension.

  • February 7, 2017

    Major Cos. Push High Court For Stricter Patent Venue Rules

    Scores of companies — including tech giants, retailers, banks and generic-pharmaceutical makers — have urged the U.S. Supreme Court to restrict where patent suits can be filed, with many saying the concentration of cases in the Eastern District of Texas is unfair to accused infringers.

  • February 7, 2017

    Bud Light Lime-A-Rita Not So 'Light,' 9th Circ. Told

    Drinkers of Bud Light Lime-A-Rita on Tuesday urged the Ninth Circuit to revive their putative class action accusing Anheuser-Busch LLC of tricking consumers into thinking the sugar-loaded beverage is low-calorie, arguing that the brewer’s use of the term “light” on labeling has meaning for consumers.

  • February 7, 2017

    Pa. Legislators Urge Court To Undo Philly Soda Tax Ruling

    Three dozen Pennsylvania state lawmakers urged the Commonwealth Court of Pennsylvania to overturn a trial court’s decision upholding Philadelphia’s controversial tax on sugar-sweetened beverages, arguing Monday that the tax is unlawful and will negatively affect the state’s general fund.

  • February 7, 2017

    Wrong State's Law Used In Insurance Claim, 8th Circ. Says

    The Eighth Circuit on Tuesday reversed a lower court decision that a North Dakota pizza driver killed in a crash was covered by his employer’s insurance, finding North Dakota law did not apply to an out-of-state insurance policy,

Expert Analysis

  • What High Court Will Consider In Patent Venue Case

    S. Gregory Herrman

    If the U.S. Supreme Court agrees with the petitioner in TC Heartland, venues viewed as “plaintiff-friendly” may no longer be the hubs of patent litigation that they are today, says Gregory Herrman of Blank Rome LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017

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    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • 2016 Highlights From Indirect Purchaser Class Actions

    Christopher T. Micheletti

    While there were no major U.S. Supreme Court decisions that impacted indirect purchaser cases in 2016, and only a few circuit court decisions, some notable rulings shed light on strategies related to class certification, Article III and antitrust standing, settlement objectors, and other indirect purchaser-related issues, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.