Food & Beverage

  • June 9, 2017

    Calif. Jelly Belly 'Cane Juice' Suit Tossed For Now

    Although a California federal judge ruled Thursday that a California woman plausibly showed the public could have been misled by Jelly Belly's labeling its “Sport Beans” as containing “evaporated cane juice” instead of sugar, he dismissed her complaint for lacking specifics about her own Sport Beans purchase.

  • June 8, 2017

    EU High Court Nixes German Co.’s Glucose Health Claims

    The EU’s highest court on Thursday said that a German dextrose tablet maker's glucose health claims are “contradictory and ambiguous,” saying that a lower court had not erred in concluding that the claims encouraged the consumption of sugar.

  • June 8, 2017

    Deals Rumor Mill: Tivity Health, Smithfield Foods, Uber

    Tivity Health could sell for about $1.5 billion, the Chinese owner of Smithfield Foods is on the lookout for available U.S. and European beef and poultry assets, and Uber Technologies is in talks to acquire most of the engineers and some of the technology assets of Luxe Valet.

  • June 8, 2017

    EPA Probing Alleged Collusion Between Ex-Staffer, Monsanto

    The Environmental Protection Agency's inspector general is looking into allegations that an EPA employee colluded with Monsanto to conduct a biased review of the pesticide glyphosate, the agency has said.

  • June 8, 2017

    Del. Bankruptcy Judge OKs $2.7M Settlement In Haggen Ch. 11

    A Delaware bankruptcy judge approved a $2.7 million settlement agreement on Wednesday in the Chapter 11 proceedings of debtor Haggen Holdings LLC, a grocery store operator that filed for protection about a year after it acquired 146 stores from Albertsons LLC.

  • June 8, 2017

    5-Hour Energy Users Lose Cert. Bid In False Ad MDL

    Consumers who accuse 5-Hour Energy of false advertising lost a bid for class certification in multidistrict litigation on Wednesday when a California federal judge said they couldn’t overcome the many ways purchasers might define “energy” to meet predominance requirements.

  • June 8, 2017

    Patrizia Drops $74M On Amsterdam Mixed-Use Property

    Patrizia Immobilien AG has purchased a 164-unit residential property that includes retail and restaurant elements in Amsterdam for €66 million ($74.1 million) from Netherlands developer Bouwconsulting Beheer BV, according to an announcement from the German real estate firm on Thursday.

  • June 8, 2017

    Mich. High Court Denies Ethanol Maker's Tax Credit Bid

    The Michigan Supreme Court on Wednesday denied an ethanol manufacturer's challenge to an appeals court's decision that had halved the company's tax credit on the grounds that it had property but no payroll services in the state.

  • June 8, 2017

    Panera Served More Securities Suits Over $7.5B Buyout

    Panera was hit with at least one securities suit in federal court Thursday accusing the fast-casual restaurant chain and its leadership of issuing a misleading proxy statement relating to its roughly $7.5 billion acquisition by JAB Holding, one day after two shareholders each filed similar proposed class actions.

  • June 8, 2017

    CIT Rejects Challenge To Duties On Chinese Garlic

    The U.S. Court of International Trade on Wednesday upheld duties imposed on imports from a Chinese garlic producer, rejecting the company’s claim that the U.S. Department of Commerce relied on “aberrational values” in calculating the tariffs.

  • June 7, 2017

    'Pink Slime' Is Safe To Eat Despite ABC Report, Jury Told

    A professor of food safety told a South Dakota jury on Wednesday that a beef trimmings product that the ABC Television Network called unsafe “pink slime” in news reports is perfectly safe, saying she studied and ate the product and it was no different from lean ground beef.

  • June 7, 2017

    Trump Says Wine Bar Can’t Delay Dismissal Hurdle

    President Donald Trump told a D.C. federal court Wednesday that a wine bar can’t delay a decision on his bid to toss an unfair competition case in order to determine which venue has jurisdiction to hear it in the first place, arguing the absolute immunity granting presidents protection from liability ensures cases can’t drag on and become a distraction.

  • June 7, 2017

    Consumer Groups Weigh In On $100B InBev, SABMiller Deal

    A pair of consumer advocacy groups on Tuesday asked a District of Columbia federal judge to allow them to weigh in on the $100 billion acquisition of SABMiller by Anheuser-Busch InBev as they seek increased scrutiny of the antitrust fixes required to complete the deal.

  • June 7, 2017

    FDA Sued Over Nutrition Labeling Rule Delay

    The U.S. Food and Drug Administration acted unlawfully by issuing a one-year delay of an Affordable Care Act policy requiring chain restaurants and food sellers to disclose nutritional information, according to a lawsuit filed Wednesday in D.C. federal court.

  • June 7, 2017

    Simpson Thacher Leads PetSmart In $2B Post-Buy Note Issue

    Simpson Thacher & Bartlett LLP has guided retailer PetSmart Inc. in two note offerings totaling $2 billion to finance the consummation of its acquisition of private equity-backed online pet food and supplies retailer Chewy Inc., the law firm said Wednesday.

  • June 7, 2017

    Monster Seeks OK Of Arbitration Award Against Ex-Distributor

    Monster Energy Co. asked a California federal court Tuesday to confirm an arbitration award finding that the energy drink maker's decision to terminate its deal with a French Guiana distributor had been proper and ordering that company to pay Monster's legal fees.

  • June 7, 2017

    Chipotle Is Exploiting Judge’s Block On OT Rule, Suit Says

    Chipotle was hit with a putative class action in New Jersey federal court Wednesday alleging the fast-food chain has illegally relied on a Texas federal judge’s ruling blocking the U.S. Department of Labor from expanding overtime protections to avoid paying its workers overtime.

  • June 7, 2017

    US Sugar Cos. Not Sweet On Trade Deal With Mexico

    The Trump administration and its Mexican counterparts touted a new preliminary agreement to restore order to bilateral sugar trade Tuesday, but U.S. producers and refiners were reluctant to embrace the deal in light of a "loophole" they fear could leave them with the short end of the stick.

  • June 7, 2017

    3rd Circ. Says Former Le-Nature's Exec Can't Lower Sentence

    The Third Circuit on Wednesday said a district judge was correct in refusing to reduce the prison sentence of the onetime executive of now-defunct bottling company Le-Nature's Inc. who in 2011 pled guilty in connection to a $660 million swindle of banks and investors.

  • June 7, 2017

    Colo. Judge Tosses Chipotle Derivative Suit Over Food Safety

    A Colorado federal judge has tossed a derivative suit accusing Chipotle Mexican Grill Inc.’s officers and directors of food safety oversight failures, ruling Tuesday that the shareholder behind the suit has failed to show why it was necessary to take the dispute directly to court.

Expert Analysis

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Takeaways From The ABA Antitrust Spring Meeting: Part 3

    Chuck Samel

    In the final installment of this review of last week's American Bar Association Antitrust Section meeting, attorneys with Perkins Coie LLP discuss the sessions that focused on consumer protection.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • When Does Data Breach Liability Extend To The Boardroom?

    Joseph B. Crace Jr.

    Director liability lawsuits following data breaches have been uniformly unsuccessful, but recently filed suits show the determination of shareholder plaintiffs to continue to pursue such litigation and experiment in the hope of landing the right legal theory or set of facts, say Joseph Crace Jr. and Virginia Yetter of Bass Berry & Sims PLC.

  • Defending Restaurant Manager Misclassification Claims

    Adriana S. Kosovych

    Three recent collective and class actions illustrate a trend of restaurant managers claiming they are entitled to overtime pay and, more importantly, highlight key defense strategies that owner/operators may use if faced with an exempt misclassification lawsuit, says Adriana Kosovych of Epstein Becker & Green PC.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • Think Your Insurance Will Cover Your Recall? Think Again

    Suzan F. Charlton

    If you are a supplier to a food company and you inadvertently provide the wrong ingredient to your customer, you might expect your insurance to provide coverage for that liability. However, you might be wrong, as cases involving “wrong ingredients” can trigger recalls but often are not covered by either products liability or product contamination policies, say Suzan Charlton and Marialuisa Gallozzi of Covington & Burling LLP.

  • The Issues Justices Are Focusing On In TC Heartland

    S. Gregory Herrman

    In a surprise to those expecting a unanimous reversal in TC Heartland, the U.S. Supreme Court justices asked tough questions to both sides on Monday, some even seeming to lean at least slightly toward affirming the Federal Circuit’s broad interpretation of patent venue. Only Chief Justice John Roberts appeared to be leaning significantly in favor of a reversal, says Gregory Herrman of Blank Rome LLP.

  • Pleading Civil RICO: Lessons From The Abbott Litigation

    Derrelle M. Janey

    A New York federal court's recent dismissal of civil Racketeer Influenced and Corrupt Organizations Act claims in a massive case brought by Abbott Laboratories serves as a strong reminder for complex civil litigation practitioners that civil RICO claims must meet special pleading requirements, especially where the plaintiff alleges large, complicated schemes, says Derrelle Janey of Gottlieb & Janey LLP.

  • EU Endocrine Disruptor Fights Could Lead To US Litigation

    David Schwartz.jpg

    A battle is raging in the European Union over the regulatory status of endocrine disrupting substances. This debate could have dramatic implications for U.S. litigation over personal care products, food, household cleaners, agricultural chemicals, pharmaceutical products and other substances. Relevant product manufacturers must be ready for the coming onslaught, says David Schwartz of Innovative Science Solutions LLC.