Food & Beverage

  • September 28, 2017

    Nature's Bounty Can't Escape All Claims Over Supplement

    An Illinois federal judge refused Thursday to grant a quick win to Nature's Bounty in a consumer putative class action accusing it of lying about the amount of the key ingredient in its St. John's Wort, saying there were some claims that passed initial tests.

  • September 28, 2017

    Tax Court Rules Farmers' Rent Isn't Self-Employment Income

    The IRS erred in characterizing a Texas couple’s farm rental income as income subject to self-employment tax because it failed to prove a nexus between rent that was excluded from self-employment tax and payments received under an agricultural production agreement, the U.S. Tax Court ruled Wednesday.

  • September 28, 2017

    Whole Foods Illegally Fired Cashier With Disease, EEOC Says

    Whole Foods got slapped with a lawsuit Thursday in North Carolina federal court by the U.S. Equal Employment Opportunity Commission, which accuses the grocery giant of refusing to reasonably accommodate a cashier with a kidney disease and then firing her because of her disability.

  • September 28, 2017

    Fresh Market Escapes Del. Investor Suit Over Apollo Deal

    A Delaware state court judge on Thursday threw out a lawsuit by a class of former The Fresh Market Inc. shareholders over the company's $1.4 billion acquisition by Apollo Global Management LLC, saying investors were adequately informed during the share tender process.

  • September 28, 2017

    Accountant Pleads Guilty In Seafood Co. Tax Scheme

    An accountant for a large seafood processor pled guilty Thursday in Massachusetts federal court to conspiracy to commit tax and wire fraud in an alleged scheme to defraud the processor and its majority shareholder by illegally diverting money to the company’s president.

  • September 28, 2017

    EEOC Slaps Seafood Co., Staffing Firm With Sex Bias Suit

    The U.S. Equal Employment Opportunity Commission accused a Fall River, Massachusetts-based seafood processor and its staffing firm on Wednesday of allowing Spanish-speaking female workers to be sexually harassed and firing some of them after they complained about the situation.

  • September 28, 2017

    EEOC Accuses Publix Markets Of Religious Discrimination

    The U.S. Equal Employment Opportunity Commission has slapped Publix Super Markets Inc. with discrimination claims in Tennessee federal court after a Rastafarian was told he would have to cut his dreadlocks to work at a store even though it violated his religious beliefs, the agency said Wednesday.

  • September 28, 2017

    Mars Escapes Rice Buyers' Serving Size Suit

    A California federal judge on Wednesday tossed a proposed class action claiming Mars Inc. overstated the amount of rice in its packages of Uncle Ben’s Ready Rice, saying the consumer didn’t prove the alleged misrepresentation drove her to make the purchase.

  • September 27, 2017

    Mondelez Dodges Suit Over 'Hours Of Energy' Biscuit Labeling

    Snack giant Mondelez International Inc. has prevailed in a proposed class action alleging its breakfast biscuits don’t really provide the four hours of “nutritious steady energy” that their packaging promises consumers, with an Illinois federal court ruling Wednesday that shoddy evidence sank the suit.

  • September 27, 2017

    Post Says General Mills Must Shelve Bagged Cereal Display

    Post Consumer Brands LLC received a patent for bagged-cereal shelving on Tuesday and then crisply turned around and sued rival General Mills Inc. for alleged infringement in Missouri federal court the same day. 

  • September 27, 2017

    Judge Finds No Meat In Burger King Receipt Suit Claims

     A Florida federal judge on Wednesday granted Burger King’s bid to toss a proposed class action accusing it of printing too many card digits on receipts, finding the consumer failed to allege a concrete injury as needed to give him standing.

  • September 27, 2017

    WilmerHale Reveals SEC's Pepsi Probe In Accidental Email

    A WilmerHale attorney inadvertently emailed a Wall Street Journal reporter a memo revealing that the U.S. Securities and Exchange Commission is investigating client PepsiCo Inc. over its alleged retaliatory firing of former general counsel Maura Smith, the newspaper reported Wednesday.

  • September 27, 2017

    OIG Report Finds Holes In FDA Food Facility Inspections

    Since the passage of the Food Safety Modernization Act in 2011, the overall number of food facilities inspected by the U.S. Food and Drug Administration has actually decreased, according to a report released Wednesday by the U.S. Department of Health and Human Services' Office of Inspector General.

  • September 27, 2017

    Juice Co. Must Face Del Monte Suit Over Ties To Grower

    A Miami federal judge refused Wednesday to dismiss Fresh Del Monte Produce Inc.'s suit accusing a juice company of interfering with a contract with a pineapple grower that now owes Del Monte $32 million.

  • September 27, 2017

    Dallas Restaurateurs Battle Over Rights To Celeb Chef's Name

    As a Dallas restaurant ownership group on Wednesday asked a Texas appeals court to block a celebrity chef from using his own name and likeness to promote competing restaurants, the court questioned whether limits on the chef’s publicity equate to a noncompete agreement.

  • September 27, 2017

    Gluten Group Says Jamie Oliver Infringing On Its 'GF' Mark

    A gluten intolerance advocacy group filed a suit Tuesday in Washington federal court accusing celebrity chef Jamie Oliver of infringing on its trademarks and misleading consumers into believing that his recipes are certified as gluten free.

  • September 27, 2017

    CBRE Guides $87M Sale Of Saint Paul Apartment Complex

    CBRE Multifamily on Tuesday said it represented two real estate companies in the sale of a 210-unit apartment community they developed in Saint Paul, Minnesota, to an affiliate of insurance company Zurich North America for $87 million, the first multifamily acquisition for the company in the Minneapolis metro area.

  • September 27, 2017

    Class Cert. Denied In Tito's Handmade Vodka False Ad Suit

    A New York federal judge on Wednesday refused to certify a proposed class in a lawsuit claiming the manufacturer of Tito’s Handmade Vodka misled consumers into believing it was handmade when the production process was actually “highly automated,” finding that there are more individual issues than classwide ones.

  • September 27, 2017

    8th Circ. Backs NLRB That Bakery Union Vote Was 'Tainted'

    An Eighth Circuit panel said on Wednesday that the National Labor Relations Board was right to block a petition signed by a majority of an Arkansas bakery’s employees to withdraw recognition of their union, upholding findings that the business engaged in illegal tactics that caused the petition to be “tainted.”

  • September 27, 2017

    Tyson Poultry To Pay $2M Fine For Feed Supplement Spill

    The federal government on Wednesday announced that a Tyson Foods Inc. subsidiary has agreed to a $2 million penalty in a Clean Water Act suit relating to a feed supplement spill that occurred at its slaughter and processing facility in Monett, Missouri.

Expert Analysis

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • Labor Law Changes Leave Employers In Limbo

    Shira Yoshor

    Over the last 12 months lawyers who advise companies in advance of changes in employment law may have begun to feel some unease. Even those who have been practicing for years have been at a loss as to how to predict what may be coming next, especially with respect to overtime, joint employment, the persuader rule and tip pooling — just to name a few issues, says Shira Yoshor of Greenberg Traurig LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Clearing Up Franchise Distribution Agreements At 6th Circ.

    Gayle Littleton

    With its recent decision in Southern Glazer’s Distributors of Ohio v. Great Lakes Brewing, the Sixth Circuit made clear that despite various restrictions imposed by the Ohio Alcoholic Beverages Franchise Act, manufacturers and distributors are generally free to enter into franchise distribution agreements that require manufacturer consent to sale of the distributor’s business, say attorneys with Jenner & Block LLP.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.