Food & Beverage

  • November 29, 2017

    PetSmart Beats Fraud Claims Over Prescription Cat Food

    PetSmart Inc. and a pet food maker escaped claims that they tricked customers into buying prescription cat food, as an Illinois federal judge ruled on Wednesday that the companies were following U.S. Food and Drug Administration guidelines, not engaging in fraud.

  • November 29, 2017

    Feds, Tribes Urge Justices Not To Hear Salmon Culvert Case

    The federal government and a host of tribes have urged the U.S. Supreme Court to reject the state of Washington’s request that the high court hear its bid to overturn a Ninth Circuit decision ordering the state to replace hundreds of culverts to protect tribal salmon fishing rights.

  • November 29, 2017

    Deals Rumor Mill: Unilever, GFL Environmental, Rumo

    Three suitors remain in the race to buy Unilever's multibillion-dollar margarine and spreads business, a Canadian waste management company is seeking to raise CA$1 billion or more in an IPO, and Brazilian logistics company Rumo is looking to sell a stake in a railroad system that serves southern China.

  • November 29, 2017

    Revleap Co-Founder Fights Redo Bid In Yelp Suit

    Edward Herzstock and his company Revleap voiced their opposition Tuesday in California federal court to company co-founder Alec Farwell’s bid to help Yelp Inc. reopen a case alleging Revleap undermined Yelp by publishing fake positive reviews, saying Farwell is an unreliable party who embezzled funds from Revleap.

  • November 29, 2017

    Ex-Drivers Sue Motorino Over Non-Tipped Pizzeria Tasks

    The company behind the popular Motorino pizzerias in New York City and abroad was hit with a wage-and-hour suit Tuesday in federal court by former delivery drivers who claim they had been tasked with performing tip-exempt duties such as washing dishes and mopping floors, even though they weren’t paid minimum wages.

  • November 29, 2017

    Law Firm Denied Bid For Win In Costco Junk-Fax Suit

    A Missouri federal judge on Tuesday rejected a law firm’s motion for summary judgment in its class action accusing Costco Wholesale Corp. of violating the Telephone Consumer Protection Act by sending unsolicited fax advertisements, holding that key facts remain in dispute.

  • November 28, 2017

    ‘Piggish’ Ex-Cargill Employee Who Stole $3.1M Gets 5 Years

    A New York federal judge on Tuesday sentenced a former Cargill Inc. accounting manager to five years in prison for stealing $3.1 million from the agricultural giant through a scheme that also cost the company $25 million in losses, according to the U.S. attorney’s office.

  • November 28, 2017

    Philly Restaurants To Pay $830K In Wage Deal With Feds

    A Pennsylvania federal judge signed off Tuesday on two Philadelphia restaurants’ agreement to pay about $830,000 in back wages and damages to more than 150 workers following a wage and hour investigation by the U.S. Department of Labor.

  • November 28, 2017

    FDA Warning Wire: Issues At Pharmacy Linked To Vision Loss

    A compounding pharmacy linked to patients with post-surgical vision problems was found to be using grapeseed oil in some of its products, a South Korean maker of a homeopathic smoking cessation aid wasn't screening its ingredients, and a prominent California hospital had clean room lapses, according to the U.S. Food and Drug Administration. Here's this week's roundup of the agency's enforcement actions.

  • November 28, 2017

    Insurer Needn't Cover Tuna Labeling Fight, 11th Circ. Told

    An insurer told the Eleventh Circuit on Monday that a lower court was right to find it had no duty to defend tuna purveyor Anova Food Inc. in two false marketing suits brought by competitor King Tuna, urging the appeals court to uphold its summary judgment win.

  • November 28, 2017

    Key Food, Fairway Websites Violate ADA, Blind Man Says

    New York grocers Key Food and Fairway were hit Tuesday in federal court with virtually identical discrimination lawsuits claiming they violate the rights of the blind and visually impaired by failing to provide websites that comply with the Americans with Disabilities Act and state law.

  • November 28, 2017

    Cipriani Group Says Pasta Co. Is Infringing TMs Despite Deal

    Cipriani Group Inc. filed suit in New York federal court Monday alleging that the new owner of rival Italian food purveyor Cipriani’s Pasta & Sauce Inc. is infringing the luxury group’s trademarks and damaging its reputation in violation of an earlier settlement between the two similarly named companies.

  • November 28, 2017

    Enviros Sue After Trump Admin. OKs Calif. Water Pipeline

    Environmental groups on Tuesday sued the U.S. Bureau of Land Management for allegedly shirking its own rules by allowing a company to lay a pipeline in a railroad right of way that would pump billions of gallons of groundwater from the Mojave Desert to Orange County, California, telling a California federal court that the move is an illegal reversal from the Obama administration.

  • November 28, 2017

    Insurer Asks 5th Circ. To Ax Landlord's Win Over Lease Case

    An insurance company on Monday urged the Fifth Circuit to find it doesn’t have to provide liability coverage to a Texas shopping center landlord for failing to complete commercial lease negotiations with a new restaurant on time, arguing a lower court wrongly equated a right to occupy with occupancy itself.

  • November 28, 2017

    Arby's Swallows PE-Backed Buffalo Wild Wings In $2.9B Deal

    Arby’s Restaurant Group Inc. has agreed to buy Buffalo Wild Wings Inc. from private equity firm Roark Capital Group for $157 per share, the companies said on Tuesday, in a deal with an enterprise value of roughly $2.9 billion.

  • November 27, 2017

    Platform Specialty Closes $550M Senior Notes Offering

    Platform Specialty Products Corp. said Monday it has closed a $550 million senior note offering, with the proceeds to be used to redeem a November 2015 note offer following the specialty chemicals company’s announcement earlier this year that it will separate into two public companies.

  • November 27, 2017

    2nd Circ. Nixes Google, Netflix Appearance In BMI Appeal

    The Second Circuit has denied a request from Google, Netflix and other media industry heavyweights to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the companies should offer feedback to the court by letter instead.

  • November 27, 2017

    German Seafood Co. Appeals Dismissed VW Emissions Suit

    A German seafood distributor has appealed a German court’s dismissal of its lawsuit against Volkswagen AG for fraudulent misrepresentation regarding the automaker’s emissions cheating scandal, the distributor said Monday.

  • November 27, 2017

    Calif. High Court OKs Farmworker Union Mediation Scheme

    The California Supreme Court on Monday upheld a state mechanism that sends union farmworkers and farms to contract mediation if they can't reach a collective bargaining agreement, reversing a Fifth District ruling that the law discriminates by holding farms to different standards.

  • November 27, 2017

    Bob Evans Wants Out Of Workers' Wage-And-Tip Suit

    Restaurant chain Bob Evans urged an Ohio federal court on Monday to toss a proposed class's wage-and-tips collective action under the Fair Labor Standards Act, arguing the employees' claims fail because they never said they received less than full minimum wage during a workweek.

Expert Analysis

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • When Exempt Employees Don't Meet Work Expectations

    Shlomo Katz

    At some point in the coming months, some employers may begin to suspect that some of their recent hires aren’t going to live up to their promise. Shlomo Katz of Brown Rudnick LLP examines whether such an employee should be classified as nonexempt and paid overtime, and whether there is a minimum level of performance necessary to qualify for exemption.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.