Food & Beverage

  • March 9, 2017

    Celeb Chef Sues Over Four Seasons Successor 'Landmark'

    Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has filed a trademark lawsuit over plans for an eatery named “Landmark” at the old site of the Four Seasons restaurant.

  • March 9, 2017

    NLRB's Joint Employer Test Comes Under Fire At DC Circ.

    The National Labor Relations Board’s expanded definition of joint employment in a case involving a waste management company faced intense scrutiny at the D.C. Circuit Thursday, with one panel member saying the board “dropped the ball” in its legal analysis.

  • March 9, 2017

    EEOC Settles Sex Discrimination Suit Against Nestle Waters

    A Florida federal judge signed off Thursday on a deal to resolve the Equal Employment Opportunity Commission’s allegations that Nestle Waters North America Inc., a unit of the conglomerate Nestle SA, refused to promote a highly qualified female worker and then laid her off because of her gender.

  • March 9, 2017

    Makers Want Class Decertified In 'K-Cup' Labeling Suit

    Sturm Foods Inc. and Treehouse Foods Inc. asked an Illinois federal judge Wednesday to decertify a class of customers who say the companies falsely marketed their single-serve coffee pods, arguing the class can’t prove they suffered common damages.

  • March 9, 2017

    Deals Rumor Mill: Bayer, Novomatic, Stada

    Bayer and Monsanto will sell about $2.5 billion worth of assets to get their megamerger to pass regulatory muster, Novomatic is planning an IPO that could value the Austrian gambling company at €6 billion, and the list of suitors vying for German health care products company Stada continues to grow.

  • March 9, 2017

    Benihana Of Tokyo Loses Suit Against American Cousin

    A New York federal judge on Wednesday tossed a suit brought by the international arm of the Benihana restaurant chain against its American counterpart, finding that the international arm’s breach of contract suit relies on an agreement that doesn’t govern the parties’ working relationship.

  • March 9, 2017

    Martha's Vineyard Golf Club Hit With Wage Suit By Ex-Cook

    The ritzy Farm Neck Golf Club, a membership-based Martha's Vineyard golf club that has hosted Presidents Barack Obama and Bill Clinton, got smacked Wednesday with a putative class action by a former cafe cook who said she was not properly paid for the overtime hours she worked.

  • March 9, 2017

    Political Operative Atwater’s Name Can’t Be Trademark: TTAB

    Infamous political operative Lee Atwater popped up recently in a Trademark Trial and Appeal Board case, with the board citing the late Republican consultant’s name as part of its rationale for affirming an examining attorney’s refusal to register a company’s mark because it is primarily a surname.

  • March 9, 2017

    Real Estate Rumors: Wharton, Columbia, Whole Foods

    Wharton Properties has reportedly scored $125 million for a Whole Foods site in Harlem, Columbia Property is said to be paying $88 million for land under a New York building on Madison Avenue and Whole Foods Market is said to be in late-stage talks to take 60,000 square feet on the West Side of Manhattan.

  • March 9, 2017

    Trump Hotel’s Ties To White House ‘Unfair,’ DC Eatery Says

    A D.C. restaurant and bar has sued President Donald Trump to force him to relinquish his stake in the Trump International Hotel, claiming that Trump’s association with the brand amounts to “unfair competition” and has diverted customers eager to please his administration.

  • March 9, 2017

    Mexico Moves To Knock Down Costa Rica's Avocado Barriers

    The Mexican government on Wednesday took aim at a series of hurdles that Costa Rica has used to block out imports of its avocados, alleging that the barriers are overly onerous in violation of World Trade Organization rules governing food safety rules.

  • March 8, 2017

    Chipotle Foodborne Illness Shareholder Suit Gets Tossed

    A New York federal judge on Wednesday threw out a proposed shareholder class action against Chipotle Mexican Grill Inc. following several foodborne illness outbreaks in 2015, ruling that the investors failed to make a case that the fast-food burrito chain intentionally did wrong when making public statements about the outbreaks.

  • March 8, 2017

    Texas Roadhouse Blowing Smoke To Delay Bias Retrial: EEOC

    The Equal Employment Opportunity Commission shot back in Massachusetts federal court on Wednesday at Texas Roadhouse Inc.'s bid to delay an upcoming retrial in an age-discrimination suit because of a Boston Globe column the restaurant says will taint the future jury pool, calling the move nothing but smokescreen.

  • March 8, 2017

    Hard Rock Franchisee Asks 11th Circ. To Revive Trade Suit

    A Hard Rock Café International Inc. franchisee that ran a Hard Rock Cafe in the Bahamas asked the Eleventh Circuit on Tuesday to rethink a Florida federal judge's order tossing its allegations of unfair trade practices and civil conspiracy against the global restaurant, hotel and casino company.

  • March 8, 2017

    Applebee’s Settles Unpaid Vacation Claims With Ill. Workers

    Former Applebee’s workers in Illinois will be compensated for earned and unused vacation days under a $650,000 settlement agreement announced between the chain and a certified class of employees Tuesday.

  • March 8, 2017

    No Jurisdiction In Kazakh Farm Dispute, UK High Court Says

    The English High Court affirmed Wednesday that a London tribunal lacked jurisdiction to consider claims brought against Kazakhstan by a poultry farm operation, concluding that the company could not take advantage of an international arbitration provision in an underlying contract since it was not a foreign investor.

  • March 8, 2017

    Monsanto Blasts Wash.'s Bid To Remand PCB Pollution Suit

    Monsanto Co. has blasted the state of Washington’s bid to pull its lawsuit over the alleged contamination of waterways with polychlorinated biphenyls back to state court, arguing there are three independent bases for federal jurisdiction over the matter.

  • March 8, 2017

    Shepherds' Antitrust Minimum Wage Suit Tossed

    A Colorado federal court on Tuesday tossed a proposed antitrust class action accusing ranchers and industry organizations of suppressing the pay of a group of foreign shepherds with temporary work visas, saying a magistrate judge has already “masterfully and cogently” concluded the case isn’t viable.

  • March 8, 2017

    Del Monte Can't Stop Pineapple Sales In $32M Award Fight

    Del Monte Produce Inc. hasn’t shown it will suffer irreparable harm if a juice company isn’t blocked from buying pineapples from a grower Del Monte is seeking to confirm a $32 million arbitral award against, a Florida magistrate judge said Tuesday, recommending that the injunction bid be denied.

  • March 7, 2017

    FDA Warning Wire: Wockhardt Again In FDA Crosshairs

    The U.S. Food and Drug Administration once again scolded drugmaker Wockhardt for testing and record-keeping issues at a subsidary's plant, an issue that’s caused trouble for the drugmaker in the past, and chastised a Washington smoked salmon maker for listeria found in its facility. Here’s this week’s roundup of the agency’s enforcement actions.

Expert Analysis

  • What 2016 Taught Us About Marketing And Advertising Law

    Charulata B. Pagar

    2016 was a busy year for litigation and regulation in the areas of marketing and advertising, impacting a wide variety of industries. Charulata Pagar of VLP Law Group LLP reviews some of the important highlights from the past year and discusses what to expect in 2017.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Decoding New FDA Nutrition And Supplement Facts Guidance

    Carolina M. Wirth

    In issuing new draft guidance concerning its nutrition and supplement facts labeling regulations, the U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional compliance guidance. The new document addresses questions on compliance dates, added sugars, and vitamin and mineral declarations, says Carolina Wirth of Kilpatrick Townsend & Stockton LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.