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Food & Beverage

  • August 24, 2018

    Brand Battles: Texas Fights For Famous Alamo 'Sand' Phrase

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Texas draws "A Line In The Sand" over a famous phrase from the Alamo, the Houston Astros pick a fight with a Philadelphia prep school, and Nestle gets nutty over its “Drumstick” line of ice cream cones.

  • August 24, 2018

    $1.4M Bias Suit Fee Bid Cut For 'Lack Of Billing Judgment'

    An Illinois federal judge gave an attorney who represented a Chicago grocery store worker in a discrimination suit less than half of the $1.39 million in fees he sought on Thursday, saying that while the lawyer won the case he demonstrated an “astounding lack of billing judgment.”

  • August 24, 2018

    Hospitality Cases And Trends To Watch For The Rest Of 2018

    Hospitality lawyers are watching a number of significant cases and trends for the rest of 2018, with minimum wage legislation, resort fee disputes and the European Union’s General Data Protection Regulation leading the pack in current or potential hotel and restaurant litigation. Here are the cases and trends that hospitality attorneys tell Law360 they will have their eye on before the year is out.

  • August 24, 2018

    Jamba Juice Squeezed By 2 Del. Suits Over $200M Merger

    Two investors opened federal lawsuits in Delaware Thursday challenging the proposed $200 million merger of Jamba Juice stores parent Jamba Inc. with Focus Brands International, alleging Securities Act violations based on alleged inadequacies in the deal disclosures.

  • August 24, 2018

    Deals Rumor Mill: Papa John's, ABB, Oi

    Papa John’s has hired banks to help with the aftermath of a lawsuit brought by its founder, Swiss engineering conglomerate ABB is considering a sale of its multibillion-dollar power grid business, and top shareholders of Brazil’s Oi hope to improve the company so they won’t have to sell their stakes.

  • August 24, 2018

    Judge Doubles Jury Award To $4M In French Press IP Fight

    An Illinois federal judge has doubled a $2 million jury award against a manufacturer found to have infringed Bodum USA Inc.'s trade dress for its Chambord French press, finding the enhanced award necessary to fairly compensate the company.

  • August 24, 2018

    Beef Co.'s Agreement With IRS Allows $8M Of $33M Deduction

    A Kansas City beef company has reached a deal with the Internal Revenue Service allowing it to deduct $8 million from its 2011 tax return, a substantial reduction from the $33 million it originally tried to deduct.

  • August 24, 2018

    Taxation With Representation: Davis Polk, Mayer, Vinson

    In this week’s Taxation With Representation, Tyson bought Keystone Foods for $2.16 billion, Hartford Financial Services bought The Navigators Group for $2.1 billion and an arm of the Ontario Municipal Employees Retirement System took a 50 percent stake in BridgeTex Pipeline Co. for $1.4 billion.

  • August 23, 2018

    Fish Feed Maker Wants Quick Win In Suit Over Dead Bass

    Texas Farm Products Co. asked an Illinois federal judge for summary judgment Thursday in a fish farm’s lawsuit accusing it and Purina Animal Nutrition LLC of making and selling food that killed thousands of bass, saying the farm hasn’t raised any “triable issues of fact” against the company.

  • August 23, 2018

    DOL Letting Employers Lower Farm Wages, Suit Says

    The U.S. Department of Labor has shirked its responsibility to ensure foreign agricultural workers hired under a temporary visa program are paid a required “prevailing wage,” thus pushing down pay for U.S. workers as well, according to a lawsuit filed Thursday in D.C. federal court.

  • August 23, 2018

    Shinnecock Members' Fishing Suit Must Be Nixed, NY Says

    New York urged a federal judge Thursday to toss a suit by three Shinnecock Indian Nation members who contend the state and a county have illegally prosecuted them for fishing near the tribe’s Long Island reservation, while the tribe members told the court the state doesn’t have sovereign immunity to the suit.

  • August 23, 2018

    Coke Pays $2.25M To Settle EEOC Disability Bias Claims

    Coca-Cola has agreed to pay $2.25 million to workers to resolve their complaints to the U.S. Equal Employment Opportunity Commission about a Coke subsidiary's policies for accommodating employees with disabilities, the agency said Thursday.

  • August 23, 2018

    Jamba Juice Smoothies Not Healthy As Advertised, Suit Says

    A pair of Jamba Juice customers on Thursday filed a putative class action suit accusing the chain of misleading customers about the ingredients and nutritional value of its smoothies.

  • August 23, 2018

    Mich. Restaurant Group Can't Block $12 Minimum Wage Vote

    A split Michigan Court of Appeals dealt a blow to the business community on Wednesday, ruling that a restaurant industry group couldn’t kill a proposed ballot measure to raise the minimum wage in the state to $12 an hour.

  • August 23, 2018

    German Co. Too Late To Stop China From Razing Buildings

    International arbitrators have refused to stop China from seizing land and demolishing buildings owned by a German company that makes spices and marinades because the country has already carried out the measures.

  • August 23, 2018

    Sweetener Co. Altered Data To Avoid Exec Awards, Suit Says

    A Chicago-based sweetener maker changed internal data to make it look like the company missed its sales target during a three-year incentive-award program so it wouldn’t have to pay hundreds of thousands of dollars in benefits to some of its top executives, according to a lawsuit filed Tuesday in Illinois state court.

  • August 23, 2018

    Philippine Conglomerate Preps $2.7B Follow-On Offering

    Philippines-based conglomerate San Miguel Corp. said on Thursday that it will sell around 1 billion secondary shares in its food and beverage unit as part of a $2.7 billion follow-on offering.

  • August 22, 2018

    3rd Circ. Revives Suit Against Eatery Over Drunken Crash

    The Third Circuit on Wednesday revived an insurer's lawsuit against a Pennsylvania restaurant to recoup part of a settlement in underlying litigation over injuries to a passenger in a car crash that was allegedly caused by a drunk patron, saying the eatery could be held liable as a joint tortfeasor.

  • August 22, 2018

    Fla. Chocolatier Can't Secure Coverage Of Competition Suit

    Starr Indemnity & Liability Co. doesn’t have to cover a former Peterbrooke Chocolatier franchisee’s costs to defend a lawsuit alleging it continued to use Peterbrooke’s trademarks after its franchise agreement was terminated, a Florida federal judge ruled Tuesday, finding that a pair of policy exclusions foreclose coverage.

  • August 22, 2018

    Restaurant Group Inks $1.49M Deal To End Wage Suit

    Farmers Restaurant Group has agreed to a proposed $1.49 million deal to settle a suit that accused the company of wrongfully not paying overtime and minimum wages and breaching a Washington, D.C., paid sick leave law.

Expert Analysis

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • How Cakeshop Gives Religious Objectors Legal Ammunition

    Jesse Ryan Loffler

    The U.S. Supreme Court’s recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission has been framed as much ado about nothing. But how the Supreme Court reached its result hands religious objectors a huge win in the form of potent ammunition for future legal fights, says Jesse Ryan Loffler of Cozen O’Connor.

  • 9th Circ. Sets Sphere Of Liability For Calif. Consumer Laws

    Markus Funk

    Theories of liability in putative class actions against food and beverage manufacturers have long pushed against the outer limits of what state consumer protection laws actually address. Recently, the Ninth Circuit clarified one such limit in Hodson v. Mars, say Markus Funk and Charles Sipos of Perkins Coie LLP.