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Food & Beverage

  • May 25, 2018

    Phone, Email Don't Excuse Inaccessible Website, Judge Says

    Returning a phone call or replying to an email aren't alternatives to operating a website that the visually impaired can access, a California state judge has ruled, saying the so-called auxiliary aids offered by a prominent Los Angeles restaurant violated the Americans with Disabilities Act.

  • May 24, 2018

    Judge Won't Review Cert. Denial In Tropicana False Label Suit

    A New Jersey federal judge won't reconsider denying class certification in a suit alleging that Tropicana Products Inc. not-from-concentrate orange juice was mislabeled as "natural," denying the consumers' argument that the judge had misconstrued their claims in his ruling.

  • May 24, 2018

    Grape Commission Ads Are Gov't Speech, Calif. Justices Say

    The California Supreme Court on Thursday ruled that advertisements by the California Table Grape Commission constituted government speech, affirming lower court decisions to toss a suit from farmers who said they shouldn’t have to pay for ads that contradict the message they want to spread about their grapes.

  • May 24, 2018

    Class Action Claiming Illegal Tip Pool Stays In Fed. Court

    A Hawaii federal judge denied a bid by a former waiter at a restaurant group to move back to state court his proposed class action claiming his ex-employer used illegal tip pooling practices, ruling Wednesday that the group's removal of the case was proper.

  • May 24, 2018

    Pro Golfer Gets Suit Over Promotion Deals Putted To Fla.

    A Washington federal judge approved a request to transfer to Florida a supplement company’s breach-of-contract suit against professional golfer Greg Norman, finding Thursday that the relevant contract was negotiated and signed in the Sunshine State.

  • May 24, 2018

    Investors Can’t Stop Celeb Chef From Bankruptcy Filing

    Celebrity chef Jose Garces can keep some of his Philadelphia restaurants under Chapter 11 protection as he gears up to present a stalking horse deal to the bankruptcy court next week, a New Jersey judge has said, rejecting investors’ claims that he lacked the authority to do so.

  • May 24, 2018

    Klamath Tribes Sue Over Fish Harmed By Lake Water Levels

    The Klamath Tribes filed suit in California federal court on Wednesday against federal agencies including the U.S. Bureau of Reclamation alleging they aren’t maintaining proper water levels for the Upper Klamath Lake, causing harm to two species of endangered fish vital to the tribes’ culture.

  • May 24, 2018

    Kimpton, Consumers Reach Deal In Data Breach Suit

    Kimpton Hotel & Restaurant Group LLC has reached a settlement agreement in a suit over the theft of payment card data in a 2016 security breach, with the proposed class asking a California federal court to approve reimbursement of up to $10,000 each for 150,000 or more consumers.

  • May 24, 2018

    Weil, Sidley Steer Kroger’s Up To $700M Home Chef Merger

    Grocery store chain The Kroger Co. has agreed to merge with Chicago-based meal kit company Home Chef in an up to $700 million deal steered by Weil Gotshal & Manges LLP and Sidley Austin LLP, respectively, the companies said Wednesday.

  • May 23, 2018

    WTO Boss Sees Sector-Specific Trade Talks Picking Up Steam

    World Trade Organization director-general Roberto Azevedo said Monday that he has seen "real momentum" in the WTO's efforts to craft new rules on e-commerce and commercial fishing following its pivot from large-scale trade talks to sector-specific consultations.

  • May 23, 2018

    Fed. Circ. Upholds Most Of Bovine Breeding Patent Verdict

    A split Federal Circuit panel on Wednesday mostly upheld a verdict that Trans Ova Genetics LC infringed XY LLC’s patents on sorting cattle semen for breeding, although the judges disputed whether an inter partes review invalidation of one patent rendered the validity of that patent moot.

  • May 23, 2018

    Necco Nets $18.8M In Bankruptcy Sale To Spangler Candy

    The company that makes Necco Wafers has a new owner, according to an order in Massachusetts federal court Wednesday showing that Spangler Candy Co., the maker of Dum Dums lollipops, shelled out $18.8 million to buy its fellow candy maker out of bankruptcy.

  • May 23, 2018

    Railcar Owner Denies Liability In Tater Tot Injury Suit

    Cryo-Trans Inc. told a Massachusetts federal judge Wednesday it should be dismissed from a lawsuit brought by a grocery-supply mover whose feet were crushed by a pallet of frozen Tater Tots that fell off a train car, arguing that it was not the company’s obligation to ensure the shipment was safely loaded.

  • May 23, 2018

    Texas IHOP Hit With Suit Alleging Wage Violations

    A group of at least 180 current and former employees at an International House of Pancakes has hit the entity operating the restaurant's Rockwall, Texas, location with a proposed collective action, alleging they were required to work while off the clock and weren't paid for overtime hours, in violation of the Fair Labor Standards Act.

  • May 23, 2018

    Piggly Wiggly Settles Proposed ERISA Class Action For $8M

    The soon-to-be-defunct grocery store chain Piggly Wiggly Carolina Company Inc. reached a roughly $8 million settlement in an Employee Retirement Income Security Act suit in South Carolina federal court on Tuesday with workers who say they lost their retirement savings linked to company stock while management allegedly sat back and watched the business fail.

  • May 23, 2018

    NM Hits Back At Texas, Feds In High Court Water-Sharing Row

    New Mexico fired back Wednesday in a U.S. Supreme Court lawsuit in which Texas and the federal government accuse it of violating a Rio Grande water-sharing deal by allowing its residents to siphon off more than their share of the water before it gets delivered to Texas.

  • May 23, 2018

    Fed. Circ. Says Pull-Tab Patent Suit Rightfully Tossed

    The Federal Circuit on Wednesday upheld lower court rulings that freed Ball Corp. and Alcoa Inc. from a patent lawsuit over machines that make pull tabs on beverage cans, finding the patent owner failed to sufficiently allege infringement.

  • May 23, 2018

    Jamba Juice Operator Wants Coverage For Sex Assault Case

    Jamba Juice operator Whirl Colorado LLC sued insurer Houston Casualty Co. in California federal court on Tuesday over the “offensive” refusal to resolve “very dangerous claims” stemming from a store manager’s sexual assault of one of his workers.

  • May 23, 2018

    Chipotle Worker Fights Contempt Order For OT Suit

    A Chipotle employee asked the Fifth Circuit to toss a Texas federal judge’s contempt order requiring her to withdraw claims citing violation of a U.S. Department of Labor overtime rule in her New Jersey suit, saying the judge cannot meddle in her case because she has no connection to his court.

  • May 23, 2018

    DOL Asks Justices To Nix 9th Circ. Decision On Tip Pool Rule

    The U.S. Department of Labor urged the U.S. Supreme Court to erase an "incorrect" Ninth Circuit decision that upheld a 2011 DOL rule regulating when so-called tip pools can be instituted by employers, but stopped short of backing full-blown high court review, noting that the agency has already moved to roll back the Obama-era regulations at the heart of the dispute. 

Expert Analysis

  • What Cos. Need To Know About China’s New Market Regulator

    Katherine Wang

    As part of a sweeping government restructuring plan announced last month, China is merging a range of government agencies into the new State Market Regulatory Administration. Multinational companies doing business in China must pay close attention to how functions within the newly consolidated agency will be organized, say attorneys with Ropes & Gray LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • When A Plaintiff’s Perjury Could Block A Wage Award

    Valerie Ferrier

    Wage and hour cases typically rise and fall on the existence and quality of a defendant’s time and pay records. However, in Domingo Castillo Marcelino v. 374 Food, despite the lack of written records of the plaintiff’s hours, a New York federal judge recently determined the plaintiff’s perjury was a decisive factor, says Valerie Ferrier of FordHarrison LLP.

  • Congressional Forecast: April

    Layth Elhassani

    As Congress returns to Washington for a three-week work period, President Donald Trump continues announcing new policy and personnel decisions. But with midterms looming, Congress is unlikely to make progress on legislation requiring compromise and bipartisanship, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • The Time Is Right For New Jersey To Adopt Daubert

    Timothy Freeman

    The New Jersey Supreme Court may soon decide whether to adopt the Daubert standard for admissibility of expert witness testimony. The searching inquiry into the reliability of proffered expert testimony that is required by Daubert protects the integrity of the jury system by ensuring that jurors are not misled by unreliable evidence, says Timothy Freeman of Tanenbaum Keale LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.