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Food & Beverage

  • November 15, 2018

    Strip Club Gets $8M Injury Award Nixed On Appeal

    An Arizona appellate panel on Thursday tossed a jury’s $7.9 million award in a suit accusing a strip club of overserving alcohol to a patron who later caused a man’s severe injuries in an auto collision, saying the trial judge failed to give the jury proper instructions.

  • November 15, 2018

    Fed. Circ. Revives Omaha Steaks Trademark Fight

    Siding with Omaha Steaks, the Federal Circuit on Thursday revived a case aimed at blocking a crosstown meat wholesaler called Greater Omaha Packing Co. from registering its own “Omaha” trademark.

  • November 15, 2018

    Real Estate Rumors: Mack, SEC, Southeast Frozen Foods

    Mack Real Estate Credit Strategies has reportedly loaned $77.5 million for a New York building leased to WeWork, the SEC is said to be seeking to downsize in New York, and Southeast Frozen Foods Co. has reportedly sold a Florida warehouse for $18.77 million and subsequently leased the property back.

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Mike And Ike Slack-Fill Suit Dismissed After Deal Reached

    A Missouri federal judge on Wednesday dismissed a proposed class suit against the maker of Mike and Ike and Hot Tamales candies alleging it underfilled boxes of the sweets, citing a settlement the candymaker reached with the proposed class.

  • November 14, 2018

    Cargill Units For Sale As La Coop Antitrust Worries Crop Up

    Four Canadian retail locations belonging to Cargill Ltd. will be sold off to deal with antitrust concerns surrounding the company's grain business merger with La Coop fédérée.

  • November 14, 2018

    Consumers Want Nestlé 'No GMO' Label Suit To Go Forward

    A proposed class of consumers has told a California federal court to keep a suit alleging Nestlé USA Inc. uses a misleading "No GMO Ingredients" seal of approval issued by the company itself, saying Nestlé's motion to dismiss brings in arguments and evidence that are inappropriate at such an early stage of litigation.

  • November 14, 2018

    Kramer Levin, Milbank Tweed Steer $1B Hotel-Casino Buy

    Kramer Levin Naftalis & Frankel LLP represented REIT Vici Properties Inc. on its acquisition, alongside Pennsylvania-based Penn National Gaming Inc., of a Detroit hotel and casino from Rock Ventures LLC and Jack Entertainment LLC for a combined $1 billion, a deal announced Wednesday and in which Milbank Tweed Hadley & McCloy LLP helped Penn National.

  • November 14, 2018

    Food Tastes Not Covered By Copyright, EU Top Court Says

    The European Union’s top appeals court ruled Tuesday that food tastes cannot be protected by copyright law, rejecting a Dutch cheesemaker’s effort to copyright a type of cream cheese.

  • November 13, 2018

    Palm Families Get More Than $73M In Royalty Fees, Rent

    A New York state judge on Tuesday awarded family members behind the famous Palm steakhouse — who say they were cheated out of intellectual property licensing by the cousins who built a single trendy outpost into an empire — at least $73 million in royalties and lost rent.

  • November 13, 2018

    MillerCoors Wants To Drain Pabst, Jury Told In $400M Spat

    MillerCoors is trying to pour Pabst Brewing Co.'s business down the drain by raising prices under its exclusive agreement to brew Pabst's beers, Pabst said Tuesday during opening statements in the Wisconsin trial over its $400 million contract suit, while MillerCoors said the allegations of a malevolent plot are "perfectly false."

  • November 13, 2018

    Applebee’s Franchisee’s Ch. 11 Faces Confirmation Hurdles

    Bankrupt Applebee's franchisee RMH Franchise Holdings Inc. said Tuesday it hopes to be able to soon reach an agreement to settle roughly $14 million in possible claims owed to its parent company as a confirmation hearing nears for its Chapter 11 plan.

  • November 13, 2018

    Former Cinnabon Worker Keeps No-Poach Suit 'At Own Risk'

    A former Cinnabon worker can move forward with a proposed antitrust class action over the company's allegedly anticompetitive "no-poaching" agreements keeping franchises from hiring away the employees of their peers, but a Washington state federal judge signaled a tough road ahead by imposing a challenging burden of proof.

  • November 13, 2018

    Ex-Grubhub Driver Asks 9th Circ. To Undo Contractor Ruling

    A former Grubhub Inc. driver asked the Ninth Circuit on Friday to reverse a finding that he’s an independent contractor and not an employee, insisting the worker classification standard set by the California Supreme Court's Dynamex ruling upended it.

  • November 13, 2018

    Sainsbury, Walmart Unit Say UK Merger Concerns Unfounded

    Grocery outlet Sainsbury and Walmart Inc.'s U.K. subsidiary have responded to criticisms that their proposed merger would harm competition, saying in a report made public Tuesday that it would instead lead to an increase in competition and lower prices for consumers.

  • November 13, 2018

    EPA Moves To Exempt Animal Waste Reporting Requirements

    The U.S. Environmental Protection Agency on Tuesday said it was taking another crack at exempting animal waste emissions from reporting requirements under federal law, following court cases that left the issue up in the air.

  • November 13, 2018

    McDonald's Shakes ADA Suit Over Drive-Thru Access

    An Illinois federal judge on Tuesday put a stop to a proposed nationwide class action alleging the fast-food chain's "late-night," drive-thru-only policy excludes those who can't drive in the dark, saying the customer's claims are too general to bring the suit.

  • November 13, 2018

    Wis. Village Says Oneida Reservation No Longer Exists

    A Wisconsin village said Monday the federal government is wrong to side with the Oneida Nation in its challenge to permitting requirements for an apple festival, telling a Wisconsin federal court that thanks to allotments of tribal land allowed under federal law the reservation has been diminished to the point of non-existence.

  • November 13, 2018

    Insurer Says Sports Bar Not Covered In Customers' Crash Suit

    Atlantic Casualty Insurance Co. filed suit Tuesday against a sports bar it insures to avoid paying for an underlying suit by four customers over an intoxicated patron who crashed his car into the Cincinnati-area bar, telling an Ohio federal court that several exclusions apply to bar coverage.

  • November 13, 2018

    NJ Arbitration Clauses Must Specify Forum, Court Says

    A New Jersey appeals court Tuesday revived a former Jenny Craig Inc. worker's lawsuit alleging her hours were drastically cut because of her age, ruling that arbitration clauses that don't specify a forum are unenforceable.

Expert Analysis

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Brewing Ethical Behavior At AB InBev

    John Blood

    When Anheuser-Busch InBev combined with SABMiller two years ago, our legal teams were faced with the enormous task of integrating two complex compliance systems, and we explored data aggregation and analytics to manage the process. Today, our compliance team includes data engineers in its ranks, says John Blood, general counsel of AB InBev.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.