Food & Beverage

  • February 7, 2017

    FDA Warning Wire: Dirty Dentures, Contact Lenses, Chocolate

    A dental implant maker cleaned fake teeth with filthy equipment, a contact lens manufacturer didn’t create policies for reporting serious injuries, and a supplement maker misled consumers about its chocolate, according to warning letters published Tuesday by the U.S. Food and Drug Administration.

  • February 7, 2017

    Okla. Gov. Aims To Ax Corporate Income Tax, Raise Fuel Tax

    Oklahoma Gov. Mary Fallin proposed a rewrite of the state’s tax laws on Monday, but her ideas to replace the corporate income tax with hikes in fuel, tobacco and sales taxes may be a hard sell for her own fellow Republicans.

  • February 7, 2017

    Lawyer’s Bid To Exit Restaurant Row Fails As Sanctions Loom

    A New York federal judge on Monday denied attorney David Yan's motion to withdraw as counsel for a Manhattan sushi restaurant facing a class wage-and-hour suit and sanctions for failing to comply with discovery procedures in the case.

  • February 7, 2017

    Sens. Ask CFTC To Account For IT, Whistleblower Lapses

    Members of the Senate Judiciary Committee and Agriculture, Nutrition and Forestry Committee sought assurances Monday from the U.S. Commodity Futures Trading Commission that it is dealing with information technology security and protecting whistleblowers, after a report revealed systemic weaknesses and retaliation.

  • February 7, 2017

    Cosi Reaches Deal In Franchisee Fee Dispute

    In the midst of bankruptcy proceedings, Cosi Inc. has settled a dispute with a franchisee over its ability to fulfill a stalking horse bid without paying fees allegedly due to the franchisee, according to court documents filed Monday in Massachusetts.

  • February 6, 2017

    Insurer Sues Fire Safety Cos. Over $1M McDonald’s Fire

    Homeland Insurance hit two fire equipment testing firms with a lawsuit and demand for damages in Washington federal court Friday, following a fire at a McDonald’s it insured that Homeland says cost it over $1 million and resulted from faulty installation of monitoring and fire safety equipment.

  • February 6, 2017

    Cookie Dough Co. Owners To Step Down After Listeria Recalls

    A cookie dough maker at the center of recalled ice creams made by Blue Bell and other brands for listeria contamination said on Monday that its owners are stepping away from the company following a recent U.S. Food and Drug Administration warning letter.

  • February 6, 2017

    Costco Workers Seek Rehearing In 9th Circ. Decertification

    Costco workers on Friday asked the Ninth Circuit to reconsider decertifying a class in an unpaid, off-the-clock overtime action, saying the court improperly inflated the significance of individual questions in spite of court precedent, including last year’s Supreme Court Tyson decision.

  • February 6, 2017

    Justices Urged To Overrule Patent Venue 'Reintrepretation'

    TC Heartland fired its opening shot in a U.S. Supreme Court case that seeks restrictions on where patent lawsuits can be filed, arguing the case was “extraordinary” because it presented a question the high court specifically answered almost 60 years ago.

  • February 6, 2017

    Nestle Challenges Franchisee's Defenses In IP Dispute

    Nestle asked a California federal court on Friday to disregard defenses raised by Crest Foods Inc. in the food-and-drink giant’s trademark infringement suit against the franchisee, saying it would be a waste of the court's time to litigate defenses that are legally insufficient and implausible.

  • February 6, 2017

    Wawa Says It Rightly Fired Worker In 'Speak English' Case

    Wawa Inc. told a New Jersey federal court Friday that a Kosovo-born gas station attendant was fired because he did not ring up sales, not for complaining that a manager told him to speak English, and that the ex-worker's discrimination suit should be tossed.

  • February 6, 2017

    Calif. Grocery Class Waiver Is Illegal, NLRB Judge Rules

    A National Labor Relations Board judge ruled Friday that Buy-Low markets, which operates grocery stores throughout Southern California, maintained an illegal arbitration policy that forced employees to sign away their right to pursue class action claims.

  • February 6, 2017

    Fla.-Based Chicken Chain To Pay $975K To End TCPA Suit

    Fast-casual restaurant operator Pollo Operations Inc. has agreed to pay $975,000 to settle proposed class action claims it violated the federal Telephone Consumer Protection Act by texting promotional messages to consumers without their consent, according to a filing in Florida federal court on Friday.

  • February 6, 2017

    Monsanto Can't Escape Cities' PCBs Suit, Judge Rules

    A California federal judge on Friday said Monsanto Co. can’t escape separate public nuisance suits filed by San Jose, Oakland and Berkeley seeking cleanup costs for allegedly contaminating the San Francisco Bay with polychlorinated biphenyls, ruling the cities have a legitimate property interest in captured stormwater under the state’s water code.

  • February 6, 2017

    Heineken Moves Closer To Sealing $380M UK Pub Deal

    Brewing company Heineken NV is pushing forward with plans to buy out a U.K. pub operator alongside private equity firm Patron Capital Advisers LLP for £305 million ($380 million), revealing on Monday that its acquisition vehicle is amassing a sizable stake through a planned tender offer.

  • February 6, 2017

    Akin Gump Steers Civitas' $550M NYC Loan To Brookfield

    Akin Gump Strauss Hauer & Feld LLP represented a division of Civitas Alternative Investments LLC in connection with its $550 million loan to Brookfield Financial Properties LP for an office and retail tower in Manhattan that includes various restaurants, according to records made public in New York on Monday.

  • February 6, 2017

    SEC Slaps Tyson With Subpoena Over Chicken Quota Suits

    Tyson Foods Inc. told shareholders on Monday that the U.S. Securities and Exchange Commission has hit it with a subpoena over allegations raised in class action lawsuits that the company conspired with other producers of broiler chickens to limit production and goose their profits.

  • February 6, 2017

    EU Keeping An Eye On US-Canada Wine Spat

    The European Union has decided to join a U.S.-Canada World Trade Organization dispute over wine regulations as a third-party observer, citing its position as one of the globe’s foremost wine exporters, according to a WTO document circulated on Monday.

  • February 6, 2017

    J.P. Morgan Loans $92M For San Diego-Area Mall

    J.P. Morgan Asset Management has loaned $92 million to a joint venture of United American Properties Inc. and World Premier Investments Inc. for a refinance of a San Diego, California-area grocery-anchored mall, according to an announcement on Monday from Holliday Fenoglio Fowler LP, which brokered the deal for the borrower venture.

  • February 3, 2017

    Atty Fee Fight Won't Slow Co.'s 'Mold' Meat Refund Deal

    A California federal judge on Friday granted preliminary approval to vegetarian food product company Quorn's agreement to refund customers to end claims the company duped them into eating food made from fermented mold, saying a fee dispute between plaintiffs' counsel and their former firm shouldn't delay the deal.

Expert Analysis

  • How Trump May Impact EEOC Subpoena Ruling At High Court

    Anne Knox Averitt

    President-elect Donald Trump’s election injects uncertainty into the U.S. Supreme Court’s makeup and its future rulings, including for employment-related cases. Employers might view this election as a win, given the influence it could have on the ruling in McLane v. U.S. Equal Employment Opportunity Commission, say attorneys at Bradley Arant Boult Cummings LLP.

  • A Trademark Year In Wine And Beer 2016: Part 5

    David Kluft

    David Kluft of Foley Hoag LLP finishes off his comprehensive review of this year's beer and wine trademark disputes with 32 more cases for you to bring up at your holiday party.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • Overturning NLRB Unit Determination Standards At 2nd Circ.

    Shay Dvoretzky

    In Constellation Brands v. NLRB, the Second Circuit recently handed an employer a rare victory in a challenge to a National Labor Relations Board unit determination confirming a petitioned-for bargaining unit. This decision, along with another recent ruling from the Fifth circuit, is important because it sets forth a road map for NLRB regional directors analyzing the appropriateness of bargaining units, say attorneys at Jones Day.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.

  • A Trademark Year In Wine And Beer 2016: Part 3

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    David Kluft of Foley Hoag LLP is back with 28 more tasteful tales about 2016's most notable beer and wine trademark disputes.

  • A Trademark Year In Wine And Beer 2016: Part 2

    David Kluft

    David Kluft of Foley Hoag LLP continues his summary of beer and wine trademark disputes from 2016, in the second part of this five-part series.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.