Food & Beverage

  • November 27, 2017

    Bad Batch Of Cookie Mix Sold At Walmart Leads To Suit

    Food product developer Rivo USA has sued foodmaker Arro Corp. in Illinois federal court, accusing it of making more than 6,000 cases of inedible chocolate chip cookie mix that got pulled from Wal-Mart Stores Inc. shelves and destroyed after complaints that it caused a burning sensation in consumers’ mouths.

  • November 27, 2017

    Commerce Dings Spanish Olives With Anti-Subsidy Duties

    The U.S. Department of Commerce on Monday formalized its decision to impose an early round of tariffs on ripe olives imported from Spain after concluding that illegal government subsidies had helped the products gain an advantage in the U.S. market.

  • November 22, 2017

    Google, Netflix 'Irrelevant' To DOJ 2nd Circ. Appeal, BMI Says

    Broadcast Music Inc. asked the Second Circuit on Wednesday to bar Google, Netflix and media industry players from opposing its right to sell partial interests in music in the U.S. Department of Justice’s suit against the performance rights organization, saying their arguments are irrelevant.

  • November 22, 2017

    Inventure Foods Shareholders Misled In Utz Merger, Suit Says

    Shareholders of specialty food marketer Inventure Foods Inc. hit the Phoenix-based company with a proposed class action Wednesday in Arizona federal court, alleging company officials intentionally misled them in an effort to move along an announced $165 million acquisition by branded snack maker Utz Quality Foods LLC.

  • November 22, 2017

    Brand Battles: Mastercard, 'Lord of the Rings,' MLB

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Mastercard is speechless about an improv group's logo, the owner of the trademark rights to the "Lord of the Rings" franchise targets a "Frodoh" doughnut brand, and two Major League Baseball clubs join a slew of colleges to take on a team-themed drink maker.

  • November 22, 2017

    Carl's Jr. Loses NLRB Case After Failing To Respond

    In the first National Labor Relations Board decision to include both its newest members Bill Emanuel and Marvin Kaplan, the agency on Tuesday ruled against a Carl’s Jr. facility in Los Angeles that it found illegally prevented workers from talking to union representatives, because the chain never responded to the allegations.

  • November 22, 2017

    Restaurant Groups Sue To Stop NYC Fast-Food Deduction Law

    The National Restaurant Association and its legal affiliate on Tuesday sued New York City to invalidate a statute that would require fast-food businesses to forward voluntary deductions from workers’ paychecks to nonprofits like the “Fight for $15” campaign, saying it tramples on the First Amendment’s protections against compelled speech.

  • November 22, 2017

    4 Tips For Safe Meal Kit Delivery Services

    Meal kit delivery services have become popular options for consumers who want convenient, healthy food options, with one in four adult Americans saying last year that they had bought such a service, according to a recent poll. Here, Law360 takes a look at food safety and other liability concerns for this emerging industry.

  • November 22, 2017

    How Associate Bonuses May Highlight BigLaw's Profit Gap

    In past years, many BigLaw firms have played follow-the-leader in matching associate bonuses to those set by the most profitable firms, but as law firm profit gaps grow, experts say it's likely that bonuses at less profitable firms will remain on trend with past years even as their counterparts up the ante for a select few associates.

  • November 21, 2017

    Palm Families Make Final Bid For $71M In Licensing Fees

    Family members behind the famous Palm steakhouse in Manhattan said Tuesday in closing trial arguments that they were cheated out of $71 million in intellectual property licensing value by the cousins who built a single trendy outpost into an empire, and certain family members essentially relied on a lack of scrutiny to stick to an extremely low status-quo licensing fee.

  • November 21, 2017

    7-Eleven Settles Prop 65 Coffee Case, Will Post Signs

    7-Eleven Inc. will post signage alerting California consumers to the presence of a cancer-linked chemical in coffee products and pay $900,000 in penalties and costs, according to a settlement approved by a California judge on Tuesday in a Proposition 65 case that’s still ongoing against dozens of other coffee roasters and retailers.

  • November 21, 2017

    SEC Sues Long Island Town, Ex-Official For Securities Fraud

    The U.S. Securities and Exchange Commission on Tuesday hit the Long Island town of Oyster Bay and its former top elected official with a securities fraud suit alleging that they concealed from investors the town’s indirect guarantees of more than $20 million in private loans to a local businessman who ran concessions and restaurants at town facilities.

  • November 21, 2017

    Supervalu Shoppers Say Co. Can't Check Out Of Breach MDL

    A group of consumers argued Monday that Supervalu Inc. can’t shake multidistrict litigation over two 2014 data breaches after the Eighth Circuit sent the matter back to Minnesota federal court upon determining that just one of the shoppers leading the consolidated action had standing, saying the grocery chain wants to impose an unfairly high standard.

  • November 21, 2017

    Chicken Cos. Must Face Broiler Chicken Price-Fixing Suit

    The nation’s largest poultry producers must face most claims in a major antitrust lawsuit brought by three classes of consumers alleging the companies conspired to fix prices of broiler chickens, an Illinois federal judge ruled Monday.

  • November 21, 2017

    Juice Maker Didn't Face 'Claim' Until Labeling Suit: Judge

    A Washington federal judge on Tuesday found a juice maker had given its insurer sufficient notice to be covered for a labeling suit, saying the initial statutory notice the company received was not a claim.

  • November 21, 2017

    FDA Warning Wire: Insomnia Drug Promo Omits Risk Info

    The U.S. Food and Drug Administration voiced concerns about promotions for an insomnia spray that left out risk information, scolded an online retailer of disposable cigarette filters for making unapproved claims, and upbraided a nutritional supplement maker for labeling claims and other issues.

  • November 21, 2017

    Deals Rumor Mill: AppLovin, Nestlé, SQM

    AppLovin and China’s Orient Hontai are altering their $1.4 billion deal to try to pass regulatory muster, Nestlé is among those wooing U.S. organic and vegetarian food maker Hain Celestial, and multiple suitors are vying for a roughly $4.8 billion stake in a Chilean lithium producer.

  • November 21, 2017

    Country Club Mgr. Loses Bid For $6M Crash Deal Coverage

    A pair of CNA Financial Corp. insurers don't have to cover country club manager Heathland Hospitality Group LLC's $6 million settlement of a lawsuit accusing it of overserving alcohol to a patron who later caused a fatal car accident, a Pennsylvania federal judge ruled Tuesday, finding that liquor liability policy exclusions apply to bar coverage.

  • November 21, 2017

    Coffee Bean Origin Country Is Where Roasted, Customs Says

    U.S. Customs and Border Protection on Tuesday published its final determination that, for the purpose of government procurement, the country where raw green coffee beans are roasted is the country of origin, on the grounds that the roasting substantially changes the product.

  • November 21, 2017

    NOAA Shutters Fishing Group Once Run By 'The Codfather'

    The National Oceanic and Atmospheric Administration has shut down Northeast Fishery Sector IX, a fishing group formerly run by a New England industry giant known as "the Codfather," an NOAA regional administrator told the group's president in a letter Monday.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Gorilla Glue Case Shows Cannabis IP Is Not Sticking

    Thomas McMahon

    Last week's trademark settlement between adhesives company Gorilla Glue and cannabis company GG Strains is the latest in a string of settlements that show there is marketplace precedent but no reliable legal precedent for cannabis brands registering and enforcing their own trademarks, say Thomas McMahon and Lauren Estevez of Margolin & Lawrence.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • Wage And Hour Takeaways From Proposed TGI Friday's Deal

    David Miller

    A proposed $19.1 million deal to settle wage-related class claims affecting up to 28,800 employees of TGI Friday's was big news. Big news, that is, until a New York federal court quickly sent the parties back to the drawing board. The proposed settlement and the court’s reaction to it point up a number of hot spots in wage and hour suits, says David Miller of Bryant Miller Olive.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • An Inch, 3% Or 10 Calories: Which Is Material?

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    Class plaintiffs often accuse food manufacturers of misrepresenting their product offerings. There are many examples of discrepancies seized on by the plaintiffs bar between what the manufacturer advertised and what the consumer received. But as three recent cases demonstrate, proving a material misrepresentation can be challenging, says Reena Bajowala of Jenner & Block LLP.

  • Chilling Litigation Tourism In Illinois 'Judicial Hellholes'

    Douglas Prochnow

    Corporations may welcome the Illinois Supreme Court's opinion in Aspen American Insurance v. Interstate Warehousing. A few of the Illinois counties affected by the ruling tied for sixth place on the American Tort Reform Foundation’s 2016-17 list of the nation’s “Judicial Hellholes,” say Blake Angelino and Doug Prochnow of Faegre Baker Daniels LLP.