Food & Beverage

  • January 3, 2017

    NYC Vaping Ban Is Constitutional, NY Appeals Court Rules

    A New York City ordinance against smoking e-cigarettes in restaurants, schools and outdoor public spaces prevailed Tuesday, when a state appeals court found that the city’s amendment making vaping subject to the Smoke-Free Air Act was valid, knocking down a Brooklyn-based smokers’ rights group’s assertion the ban was unconstitutional.

  • January 3, 2017

    Yellowstone Dam Faces Likely Challenge Over Fish Worries

    An environmental group will likely challenge a decision by the federal government to construct a new dam on the Yellowstone River that provides water for farmers but allegedly threatens the well-being of a critically endangered fish, according to a filing in Montana federal court.

  • January 3, 2017

    9th Circ. Upholds Cert. In ConAgra’s GMO False Label Row

    The Ninth Circuit on Tuesday upheld the certification of a consumer class alleging “all natural” labels on ConAgra's Wesson cooking oil misled customers concerned about genetically modified organisms, saying in a published opinion the rules of civil procedure do not require a plan for identifying class members so early in a case.

  • January 3, 2017

    EU Extends Deadline On $43B ChemChina-Syngenta Review

    The European Union’s antitrust regulator on Tuesday issued its second extension to the deadline for approving ChemChina’s planned, $43 billion takeover of Swiss agrochemical company Syngenta, after launching an in-depth investigation in October.

  • January 3, 2017

    Dancers Look For Cert. In Ky. Strip Club Class Action

    Dancers suing a Kentucky strip club for making them sign "unconscionable" labor contracts that misclassified them as contract workers asked a federal judge Tuesday for conditional class certification, arguing that notice should be sent to other entertainers who worked for the club and were subject to the alleged employment violations.

  • January 3, 2017

    Garden Fresh Says Only Qualified Bid Is Stalking Horse's

    Restaurant chain owner Garden Fresh Restaurant Intermediate Holding LLC said last week that it received no qualified offers for its assets other than a stalking horse bid from prepetition term loan lenders, and that an auction planned for Tuesday would be canceled.

  • January 3, 2017

    Vodka Distributor Roust Hits Ch. 11 Again

    Vodka producer Roust Corp. has filed for Chapter 11 bankruptcy protection in Manhattan, almost four years after predecessor Central European Distribution Corp. did the same in Delaware, seeking to reorganize about $1.14 billion in debt due to depreciation, import restrictions, illegal competition and more.

  • January 3, 2017

    Commodity Trader Transmar Files For Ch. 11 Amid Cocoa Tiff

    Transmar Commodity Group Ltd. has filed for Chapter 11 in New York bankruptcy court amid a $2.6 million arbitration dispute with a Peruvian cocoa and coffee cooperative, saying the family-owned sustainable supply chain concern has between $100 million and $500 million in debts.

  • January 3, 2017

    Food & Beverage MVP: Patterson Belknap's Steve Zalesin

    Patterson Belknap Webb & Tyler LLP’s Steven A. Zalesin’s helped achieve a trial victory for The Coca-Cola Co. in a seven-year-long pomegranate juice false advertising battle with Pom Wonderful LLC this year, earning him the label of a Law360 2016 Food and Beverage MVP.

  • January 2, 2017

    The 5 Hottest Practice Areas For 2017

    Last year’s political, technological and industry earthquakes have shaken up the business world and will leave law firms scrambling to keep up with an influx of need for their expertise in the new year. Here, experts offer a forecast of 2017’s five hottest practice areas.

  • January 2, 2017

    New Jersey Cases To Watch In 2017

    New Jersey’s courts will be bustling in 2017 as high-profile figures from the world of government and the law continue to battle corruption charges, a multimillion-dollar product liability award hangs in the balance and employment contracts and consumer agreements receive continued scrutiny.

  • December 22, 2016

    Mushroom Buyers Button Up Class Cert. In Price-Fixing MDL

    A Pennsylvania federal judge has granted class certification to a group of mushroom purchasers who accuse growers and sellers of the fungi of a price-fixing conspiracy, according to an opinion unsealed Thursday in the long-running multidistrict litigation.

  • December 22, 2016

    No Quick Win In $84M Duty Evasion Suit Against Univar

    The Court of International Trade on Thursday declined to bring a quick end to a suit claiming a Univar Inc. subsidiary owes $84 million in unpaid duties on Chinese saccharine imports, saying the evidence is insufficient to make a judgment for either side.

  • December 22, 2016

    Panera Agrees To Drop Noncompete Suit Against Papa John's

    Restaurant chain Panera told a Missouri federal court Thursday that it has agreed to drop a lawsuit accusing Papa John’s and a former executive of violating a noncompete agreement and misappropriating trade secrets when the executive went to work for the pizza chain.

  • December 22, 2016

    DLA Piper-Led Restaurant Biz Freshii Files Rare Canadian IPO

    Healthy-food restaurant chain Freshii Inc. has filed for a Canadian initial public offering, advised by DLA Piper (Canada) LLP, representing a rare issuer to dip into public waters amid a bleak year for Canada’s IPO market.

  • December 22, 2016

    Partial Fees OK'd In Expiring-Discount Row

    A New Jersey federal judge awarded about a quarter of the fees and costs sought by counsel for Inc. consumers who unsuccessfully brought class claims over discount certificates, ruling Wednesday that the full fees amount was not justified.

  • December 22, 2016

    Fla. Court Says Judge's Remark Improper, Not Disqualifying

    A developer's request to disqualify a judge from litigation over a multibillion-dollar real estate partnership with the estate of a Subway sandwich chain co-founder fell short as a Florida appeals court found the judge's reference to “our Italian folks” was improper but did not impugn his impartiality.

  • December 22, 2016

    Chicago Blames Cilantro For Summer E. Coli Outbreak

    Cilantro was responsible for an E. coli outbreak in late June and early July at Chicago's Carbon Live Fire Grill, according to documents obtained Thursday.

  • December 22, 2016

    Herr's Hits Back Hard On Atty DQ Motion In Labeling Suit

    A bitter lawsuit between a Herr Foods Inc. customer and the company grew even uglier Wednesday as Herr’s attacked the man’s motion to disqualify its attorney, saying he has a criminal record and is trying to smear Herr's lawyer.

  • December 22, 2016

    US Threatens EU With New Tariffs Over Beef Hurdles

    The Obama administration on Thursday threatened to reinstall steep retaliatory tariffs on a litany of European Union products in light of Brussels’ failure to sufficiently open its market to imports of U.S. beef, reigniting a dispute that reaches back to the Clinton administration.

Expert Analysis

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • What's Next For US-Mexico Bilateral Trade Under Trump?

    Carlos Vejar

    Withdrawal from NAFTA might not be the only alternative to keep U.S. companies from moving production offshore — assuming that is one of the main goals in considering such a withdrawal, says Carlos Vejar, a partner with Holland & Knight LLP and former general counsel for international trade in Mexico's Ministry of Economy.

  • The Intersection Of Avoidance Actions And Setoff

    Shmuel Vasser

    The Delaware bankruptcy court in the case of Quantum Foods allowed a creditor to assert its allowed administrative expense priority claim as a setoff defense against the trustee’s preference claim. While straightforward on its face, the opinion raises some interesting questions, including whether a post-petition payment may affect the liability of a defendant on a preference claim, say Shmuel Vasser and Michael Maloney of Dechert LLP.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • Product Contamination: Strong Underwriting Is Key

    Matthew L. Gonzalez

    In February 2016, the Western District of Pennsylvania confirmed that an insurer can rescind a product contamination policy due to an insured's misrepresentations. Underwriters should ask the correct questions during application processes to allow insurers to rescind policies for misrepresentations, say Matthew Gonzalez and Jonathan MacBride of Zelle LLP.

  • Weeding Through Calif. Prop 64: Employer Takeaways

    Carla J. Feldman

    California voters recently passed Proposition 64 legalizing recreational marijuana for individuals over the age of 21. These changes raise several immediate questions about what, if anything, employers need to do and whether the initiative created any new employee rights, say attorneys at Arent Fox LLP.

  • FCPA Enforcement On Near-Record Pace For 2016: Part 2

    John E. Davis

    The recent balance shift in Foreign Corrupt Practices Act enforcement likely reflects a strategic decision by the U.S. Department of Justice to reallocate internal agency resources toward larger, more complex corporate investigations and the pursuit of culpable executives, leaving the U.S. Securities and Exchange Commission in the driver’s seat for most lower-value corporate enforcement actions, say attorneys with Miller & Chevalier Chtd.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.