Food & Beverage

  • March 5, 2018

    Flavor Maker Can't Shed Popcorn Glaze-Copying Claims

    An Illinois federal judge denied Bell Flavors and Fragrances Inc.'s bid to end a suit by Gold Medal Products Co. alleging the theft of trade secrets for a popcorn glaze, saying Friday that neither side has gotten the upper hand in this case over the famously ill-defined concept of “trade secrets.”

  • March 5, 2018

    Tax Court Affirms Excise Tax On Family's Roth IRA Payments

    Members of a family business that sells a patented product for mixing chemicals have to pay excise taxes on their Roth IRA contributions after the U.S. Tax Court ruled on Monday that they had exceeded their limits by trying to channel their income through a Bermuda-based corporation.

  • March 5, 2018

    Sugar Co. Worker Wins $13.4M Jury Award Over Harassment

    American Sugar Holdings Inc. discriminated against an employee when it created a hostile work environment because she was a woman, a New York federal jury found Friday, awarding the employee $13.4 million in damages.

  • March 5, 2018

    State Auto Wants Out Of Billy Goat Potato Chip TM Row

    State Auto Property and Casualty Insurance Co. told an Illinois federal court Monday it wants out of a suit claiming a potato chip maker stole the name of Chicago's Billy Goat Tavern, saying the company’s policy doesn’t cover willful intellectual property violations.

  • March 5, 2018

    4th Circ. Says Co. Lacked Chance To Probe Harassment Claim

    The Fourth Circuit ruled Monday that a food packaging company can’t be held liable for one of its workers sexually harassing a colleague because her suit lacked specifics and she voluntarily quit before the company had a chance to properly investigate her complaints.

  • March 5, 2018

    States Back Wash. In High Court Tribal Salmon Culvert Row

    A group of 11 states led by Idaho’s attorney general urged the U.S. Supreme Court on Friday to overturn a Ninth Circuit ruling requiring the state of Washington to replace hundreds of culverts to protect Native American salmon fishing, saying the decision could rob states of much of their traditional regulatory power.

  • March 5, 2018

    Coca-Cola Ad Ripped Off Puerto Rican Songwriter, Suit Says

    A Puerto Rican songwriter accused The Coca-Cola Co. of ripping off part of a famous song that had become a rallying cry for people on the island in the wake of two hurricanes last year, according to a suit in the territory's federal court Monday.

  • March 5, 2018

    Smucker's $285M Deal For Conagra's Wesson Draws FTC Fire

    The Federal Trade Commission sued Monday to keep J.M. Smucker Co. from forging ahead with its $285 million plan to buy the Wesson cooking oil line from Conagra Brands Inc., saying the combination would allow the company to hike prices.

  • March 5, 2018

    High Court Says US Can Pursue NM Water-Sharing Claims

    The U.S. Supreme Court on Monday said the federal government may pursue claims that New Mexico has violated a Rio Grande water-sharing deal by allowing its residents to siphon off more than their share of the water before it is delivered to Texas.

  • March 5, 2018

    2nd Circ. Cool On Nixing Banana Seller’s ERISA Fraud Rap

    A three-judge panel of the Second Circuit on Monday posed tough questions to a New York banana distributor who is appealing his conviction for robbing his company’s profit-sharing plan, with one judge noting that “darn few” cases are reversed on the basis of arguments like the ones he made.

  • March 5, 2018

    Kind Bar False Labeling Claims Curbed For USDA Guidance

    A New York federal judge on Friday put false labeling claims against Kind LLC in limbo while the government determines a national standard for genetically modified food disclosures, lumping consumers' state claims that it falsely advertised its products as non-GMO in a temporary hold with their "all natural" claims until August.

  • March 2, 2018

    Insurers Denied Quick Exit From Covering Dole Fraud Claims

    A Delaware judge has denied six excess insurers’ bid for a ruling that they don’t have to indemnify Dole Food Co. or two top officers for $222 million in settlements they struck to resolve stockholder suits accusing them of driving down Dole’s price before a 2013 take-private deal, finding that state law doesn’t prohibit insurance for such claims.

  • March 2, 2018

    Walmart Hit With 2nd Suit Claiming False Egg Labeling

    Another group of consumers has sued Walmart Inc. and an egg supplier over false labeling, this time in Washington federal court Friday, saying the retail giant lies about the treatment of chickens and maintains that their cage-free eggs come from hens with “outdoor access” when they are actually confined to industrial barns.

  • March 2, 2018

    Hotel Guest’s Role In Own Death Sinks ‘Dram’ Suit: NC Court

    The North Carolina Supreme Court ruled Friday that a Crowne Plaza guest who checked in to celebrate her wedding anniversary and checked out dead of alcohol poisoning was at least as responsible for her death as was the hotel, freeing the owners of a “dram shop” claim that a lower court had revived.

  • March 2, 2018

    Insurer Must Defend Defunct Grocery Over Gang Shooting

    An Illinois appellate panel Thursday found that Boston-based Netherlands Insurance Co. owed a duty to defend now-defunct Chicago-area grocery chain Dominick's in a lawsuit over a fatal gang shooting in the parking lot of one of its stores in 2004, reversing a lower court's ruling but rejecting the grocer's argument that the insurer acted in bad faith.

  • March 2, 2018

    Ex-Guard For Heinz Exec Must Face Insider Trading Suit

    A New York federal judge on Friday said the former security guard of a board member for H.J. Heinz Co. cannot escape claims that he profited from inside information gleaned on the job, saying the guard was not permitted by contract to use the board member’s confidential information for any reason outside his work.

  • March 2, 2018

    Brand Battles: 'Lord Of The Rings,' Bayer, MLB, Scotch Whisky

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, an Atlanta brewery faces a fight over a beer name that's similar to a character from "Lord of the Rings," Bayer protects its Aleve brand, Major League Baseball kicks off spring training, and the governing body for Scotch is livid about "Glen."

  • March 2, 2018

    Deals Rumor Mill: SlimFast, United Grinding, IGM Resins

    The private equity owner of SlimFast Foods Co. is weighing a sale of the business, only one suitor remains in talks to buy Swiss-German machine toolmaker United Grinding Group and Dutch specialty chemical company IGM Resins is up for grabs.

  • March 2, 2018

    EEOC Sues Compass For Denying Woman A Sous Chef Job

    The U.S. Equal Employment Opportunity Commission on Thursday filed suit in Texas federal court on behalf of a former University of Texas kitchen manager, saying that food services giant Compass Group USA Inc. refused to remedy the discriminatory behavior of an executive chef who refused to hire the supervisor as his sous chef because she is a woman.

  • March 2, 2018

    Trump's Trade Crossfire May Imperil Food Producers

    President Donald Trump has picked a new trade fight over imports of steel and aluminum, but experts say it is the nation's booming agricultural sector that could end up taking the brunt of the damage if major U.S. allies begin retaliating.

Expert Analysis

  • 5 Things To Watch For In FCPA Enforcement This Year

    David Simon

    After much hand-wringing in 2017 about whether Foreign Corrupt Practices Act enforcement would diminish radically under President Donald Trump, it’s now safe to say that all signs point toward continued and vigorous enforcement, say attorneys with Foley & Lardner LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • 3 Takeaways Squeezed Out Of Juicer's Insurance Battle

    Walter Andrews

    Last month, a Washington district court rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice maker Tree Top Inc. Companies dealing with toxic or environmental claims can distill at least three important lessons from this case, say attorneys with Hunton & Williams LLP.

  • Cesari V. Peju May Have Reverberating Results

    Marsha Gentner

    In 2015, the U.S. Supreme Court ruled that inter partes proceedings before the Trademark Trial and Appeal Board could have preclusive effect in a subsequent court proceeding. Since then, the trademark bar has been waiting to see if this would have any significant effect in practice. With the recent ruling in Cesari SRL v. Peju Province Winery, the other shoe has now fallen, says Marsha Gentner of Dykema Gossett PLLC.

  • CPSC Final Rule Could Presage Further Phthalate Bans

    Sarah Schiferl

    The U.S. Consumer Product Safety Commission recently issued a final rule prohibiting the manufacture, import and sale of toys and child care products containing five phthalate chemicals. The rule may foreshadow bans on phthalates in other products and industries, from cosmetics to food packaging, say Sarah Schiferl and Amy Rubenstein of Schiff Hardin LLP.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    40 Years Of FCPA


    ​Dec. 19 marked the 40th anniversary of the Foreign Corrupt Practices Act. Catch up on this series featuring reflections from attorneys who have played a role in the evolution of FCPA enforcement, defense and compliance.​

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.