Food & Beverage

  • April 12, 2017

    Bankruptcy Watchdog Troubled By Rupari Ch. 11

    The federal bankruptcy watchdog expressed concern Wednesday over whether the Chapter 11 strategy of Rupari Food Services Inc. would allow the meat product distributor to pay anyone other than senior creditors and leave all its more junior obligations, which make up the bulk of its liabilities, without a recovery.

  • April 12, 2017

    Snack Cos. Launch Trademark Battle Over 'Skinny' Popcorns

    Snack giant Snyder's-Lance and the company behind SkinnyPop Popcorn kicked off a trademark battle Tuesday over dueling “Skinny” brands.

  • April 12, 2017

    Construction Co. Faces $5M Suit In Alleged Restaurant Plot

    Major Construction Co. Inc. was hit Wednesday with a New York state court suit alleging that the construction firm intentionally caused problems during the conversion of a Manhattan property into a restaurant space as part of a scheme with the landlord, causing the lessee at least $5 million in damages.

  • April 12, 2017

    Judge Says Mom May Regret Not Taking Royal Caribbean Deal

    A Florida federal judge on Wednesday warned a woman seeking a big payout in a negligence suit against Royal Caribbean Cruises Ltd. that she might end up wishing she had accepted a $500,000 settlement for her daughter’s death, saying she may be "sorry" with the final sum she receives.

  • April 12, 2017

    NJ Appeals Court Nixes 2 ShopRite Suits Against Competitor

    The New Jersey Appellate Division on Wednesday sunk a ShopRite operator's latest attempt in a "long-running effort" to stave off competition posed by a planned Wegman's supermarket, ruling that two separate appeals involving an environmental permit and a left-turn configuration didn’t merit any further discussion.

  • April 12, 2017

    Soft Drink Bottler Refresco Rejects $1.5B PE Buyout Offer

    Dutch soft drink bottler Refresco Group NV said Wednesday that it has rejected a €1.4 billion ($1.5 billion) buyout offer from private equity shop PAI Partners SAS, saying the proposal isn’t worth further consideration.

  • April 11, 2017

    Smucker Tries To Toss Mars’ Pet Pill Treat Trademark Suit

    The J.M. Smucker Co. sought to dismiss Mars Inc.’s trademark suit over Smucker's Pill Pouches pet treats on Monday, alleging that Mars has no basis to enforce a trademark that describes its product in generic terms and that the suit is merely an attempt to assert the company’s dominance in the market.

  • April 11, 2017

    2nd Circ. Revives TCPA Claims Against Supplement Co.

    A Second Circuit panel on Monday revived a proposed Telephone Consumer Protection Act class action against a nutritional supplement maker and the marketing company that allegedly sent an unauthorized fax on its behalf, finding that their previous attempt to pay statutory damages didn't moot the suit.

  • April 11, 2017

    NJ Can Tax 100% Of Company's Asset Sale Gain, Court Says

    The Tax Court of New Jersey upheld tax assessments against a nonresident shareholder in a water technology company for gains derived from the deemed asset sales of the company, saying in a decision released Tuesday that the income was nonoperational in nature and fully allocable to New Jersey.

  • April 11, 2017

    Food Delivery Biz Forks Over $5M In Contract Worker Row

    DoorDash, a California-based online restaurant food delivery provider, confirmed Monday that it has agreed to pay $5 million to settle claims by delivery personnel that they were illegally misclassified as independent contractors.

  • April 11, 2017

    FDA Warning Wire: Mylan's New Woes, NYC Juice Claims

    Mylan didn’t investigate missing lab data, a New York City juice-cleanse chain made extravagant healing claims, and an Indian drugmaker mishandled hundreds of complaints about serious product defects, according to U.S. Food and Drug Administration warning letters published Tuesday.

  • April 11, 2017

    Trader Joe's Can't Dodge Tuna Can Claims, Consumers Say

    Consumers accusing Trader Joe’s of underfilling tuna cans urged a California federal judge Monday not to toss their proposed class action, contending that the same arguments for dismissal raised by the grocery store chain have been rejected in similar suits.

  • April 11, 2017

    Real Estate Rumors: JEMB, Realty Income, Chris Carlos

    JEMB Realty has reportedly landed $250 million of CMBS financing for a Manhattan property, REIT Realty Income is said to have dropped $34.6 million on an Illinois Mariano's supermarket and Republic National Distributing CEO Chris Carlos has reportedly bought a South Florida penthouse for $25 million.

  • April 11, 2017

    Judge Strikes Candymaker From $55M Warehouse Fire Suit

    An Ohio federal judge Monday let candymaker Fannie May Confections off the hook for multiple third-party and cross-complaints filed in a suit over a $55 million insurance claim for goods the company lost in a warehouse fire, saying its subrogation agreement with its insurer barred the claims.

  • April 11, 2017

    San Diego Urges Judge To Save Monsanto PCB Suit

    The city of San Diego has asked a California federal judge to keep alive its suit alleging Monsanto is responsible for polychlorinated biphenyls contaminating its harbor, insisting the presence of PCBs in the city’s stormwater and stormwater drainage systems constitutes property damage.

  • April 11, 2017

    BBQ Distributor Rupari Hits Ch. 11, Wants To Hold Auction

    Barbecue meat product distributor Rupari Food Services filed for Chapter 11 protection on Monday in Delaware, saying it was hit hard by a rise in Chinese pork prices and planning to hold an auction with a unit of competitor Carl Buddig and Co. putting in a $26 million stalking horse bid.

  • April 11, 2017

    Neb. High Court Nixes Farming Cos.' Sales Tax Refund Bid

    The Nebraska Supreme Court has upheld the state's decision to partly deny sales tax refunds sought by agricultural products companies under a statute designed to prevent double taxation, finding that the companies couldn't verify the machinery purchases at issue had been taxed the first time.

  • April 11, 2017

    Mexico OKs $43B ChemChina-Syngenta Deal With Conditions

    China National Chemical Corp. and Syngenta AG must find buyers for five Syngenta products for the Chinese state-owned chemical company’s $43 billion takeover of the Swiss firm to close in Mexico, the country’s competition authority said Tuesday.

  • April 11, 2017

    EPA Farm Pollution Rule Struck Down By DC Circuit

    The D.C. Circuit on Tuesday struck down the U.S. Environmental Protection Agency’s rule exempting some farms from pollution reporting requirements, finding that the EPA improperly downplayed the importance of such reports and handing a win to environmentalists.

  • April 10, 2017

    Kraft Demands Food Co.'s Trading Info In Wheat Futures Row

    Kraft Foods Group Inc. on Monday asked an Illinois judge to order ingredient company Bunge North America Inc. to turn over brokerage and trading records Kraft says are integral to its defense in a suit brought by the U.S. Commodity Futures Trading Commission accusing it of manipulating the wheat market.

Expert Analysis

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • Opinion

    Proposed Bill Threatens Franchising In Florida

    S. Douglas Knox

    The Protect Florida Small Business Act recently introduced in the Florida Legislature, if passed, would constitute the most invasive, onerous and intrusive state franchise relationship law ever enacted in the United States, if not the world, say attorneys with Quarles & Brady LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Bottle Caps And The Power Of IPR Secondary Considerations

    Reid Dodge

    The Patent Trial and Appeal Board's recent inter partes review decision in World Bottling v. Crown demonstrates that secondary considerations have the potential to alter the evidentiary landscape and recast factors favoring invalidity into proof of patentability, say Reid Dodge and Richard Marsh of Faegre Baker Daniels LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.