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