Food & Beverage

  • July 31, 2017

    Red Lobster Sued Over Lack Of OT Pay For Managers

    A former Red Lobster manager who says the restaurant chain improperly failed to pay him overtime filed a proposed nationwide collective action against the company in Illinois federal court Friday. 

  • July 31, 2017

    Hinshaw Snags Employment Pro For LA Office

    Hinshaw & Culbertson LLP has bolstered its bench in Los Angeles with a former practice head at ADLI Law Group who represents restaurants and other companies in employment matters.

  • July 31, 2017

    DLA, Freshfields Steer €70M Deal For Madrid Food Market

    DLA Piper represented a joint venture of retail investment management firm Redevco and funds managed by Ares Management LP in connection with its purchase, announced Monday, of a food market in Madrid for €70 million ($82.9 million) from a seller advised by Freshfields Bruckhaus Deringer LLP.

  • July 31, 2017

    Trader Joe’s Again Seeks To Toss Underfilled Tuna Suit

    Trader Joe’s Co. on Friday sought once again to throw out a proposed class action in California federal court accusing it of deceiving consumers by underfilling cans of tuna, saying the suit relies on an outdated federal regulation determining fill standards for canned tuna.

  • July 31, 2017

    Mars Slams Rice Buyers' Argument In Serving Size Suit

    Mars Inc. has asked a California federal judge for a quick end to a proposed class action accusing it of overstating how much food is in packages of microwavable precooked Uncle Ben's Ready Rice, saying the buyers keep changing their argument over serving sizes because they don’t have a case.

  • July 31, 2017

    Native Farmer's USDA Witness Interference Claims Tossed

    A Court of Federal Claims judge on Friday nixed a tribe member’s lawsuit contending that the U.S. Department of Agriculture breached a settlement resolving claims of alleged discrimination in its farm loan program by preventing Bureau of Indian Affairs employees from backing his claim for a cut of the deal.

  • July 31, 2017

    Advent Buys Majority Stake In First Watch Restaurants

    Advent International Corp. announced that it has taken a majority stake in First Watch Restaurants Inc., with the private equity firm looking to grow the company that operates more than 300 breakfast restaurants by capitalizing on the increased interest in healthier dining options.

  • July 28, 2017

    Ill. County Soda Tax Moves Forward After Suit Dismissed

    After a month of uncertainty, Cook County, home to Chicago, will see its tax on sugar-sweetened beverages move forward after a judge on Friday dismissed a business group’s constitutional challenge to the levy.

  • July 28, 2017

    B&N Cafe Managers Lose Bid To Pause Clock On OT Claims

    A New York magistrate judge on Friday decided not to suspend the statute of limitations for certain members in a proposed class of Barnes & Noble Inc. cafe managers who allege the bookstore giant misclassified them as overtime-exempt under the Fair Labor Standards Act, saying there are no extraordinary circumstances that would warrant such an action.

  • July 28, 2017

    Spanish Flour Production Cos. Win $490M From Venezuela

    Venezuela has been ordered to pay nearly half a billion dollars to Spanish subsidiaries of Mexico's Gruma SAB de CV, a corn flour and tortilla producer, by a World Bank tribunal that found the country had breached its international obligations with regard to the company's flour production businesses there.

  • July 28, 2017

    Brand Battles: Bud Strikes Back In 'Spuds MacKenzie' Fight

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Anheuser-Busch opens up a new front in the fight over Spuds MacKenzie, Apple targets two "apple" marks, and the New York Mets pick a fight over an acronym.

  • July 28, 2017

    11th Circ. Won't Revive Hard Rock Franchisee's Trade Suit

    A panel of the Eleventh Circuit on Friday upheld the dismissal of a franchisee’s suit against Hard Rock Café International Inc., finding that the Bahamas-based franchisee’s claims alleging violations of Florida’s unfair trade practices law were rightly tossed.

  • July 28, 2017

    Japan To Hike Tariff For US Frozen Beef To 50%

    The Japanese government announced Friday that next month it will increase from 38.5 to 50 percent the tariff rate on frozen beef imported from the U.S. and other nations with which it does not have a free trade agreement.

  • July 28, 2017

    Drexel Seeks Sanctions Against Magic Johnson Food Co.

    Drexel University asked a Pennsylvania federal court Thursday to sanction a food services company connected to Earvin “Magic” Johnson in a dispute over a contract to operate the university’s dining facilities, asserting that the company’s claims should be trimmed for failing to produce documents showing how it would lose $15 million in future profits. 

  • July 28, 2017

    Mondelez Can't Ban 7-Day Workweek For Union, Judge Rules

    Mondelez Global LLC must allow union members at its Chicago plant to work seven consecutive days a week if they choose to, an Illinois federal court ruled on Thursday, dealing a blow to the snack food giant and affirming an arbitrator’s earlier decision.

  • July 27, 2017

    Vendors Ink $9M Deal Over Gifts To Pa. Liquor Officials

    Federal prosecutors said Thursday that four vendors have agreed to pay a total of $9 million in penalties over gifts provided to Pennsylvania Liquor Control Board officials, nearly two years after the agency’s ex-marketing director copped to charges stemming from a related kickback scheme.

  • July 27, 2017

    H-2A Shepherds Argue Fed. Court Can Hear Wage Suit

    A proposed class of foreign shepherds with H-2A visas urged a Nevada federal judge Wednesday not to dismiss their second amended complaint alleging several ranches had undercut them on minimum wage pay, saying the court has jurisdiction and all the claims have been properly pled.

  • July 27, 2017

    Supervalu To Settle Grocers' Antitrust Suits For $8.75M

    A group of Midwest wholesale grocery customers asked a Minnesota federal judge on Wednesday to approve an $8.75 million settlement with Supervalu Inc. to end multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • July 27, 2017

    Seasons 52 Restaurant Chain Says EEOC's Suit Aims Too Big

    The company that employs workers at the Seasons 52 grill-and-wine-bar chain told a Florida federal court Wednesday that a suit alleging it discriminates against workers over the age of 40 should be partly tossed because a statute of limitations bars claims involving restaurants opened before a certain date.

  • July 27, 2017

    Tyson Foods Sheds Chicken Price-Fix Investor Suits

    An Arkansas federal judge on Wednesday dismissed proposed investor class actions alleging that Tyson Foods Inc. goosed its profits by engaging in a broiler chicken price-fixing conspiracy and that the company and several of its executives lied to investors about the source of the ill-earned gains.

Expert Analysis

  • Examining Subjective Damages In The Class Action Context

    Christopher Essig

    Despite a few recent complications, many plaintiffs have been successful in having their class action claims proceed in the early stages of litigation based solely on subjective values used to support theories of injury and/or damages. Chris Essig and Adrianne Rosenbluth of Winston & Strawn LLP summarize several recent consumer class actions where subjective proof formed the basis for classwide consumer fraud allegations.

  • Microsoft V. Baker Slams The Back Door On Rule 23(f)

    Alexandra Laks

    The U.S. Supreme Court's recent decision in Microsoft v. Baker affirmed that a plaintiff denied class-action certification and Rule 23(f) permission to appeal cannot create an appealable “final judgment” by voluntarily dismissing his or her claims with prejudice. This removes a powerful weapon in plaintiffs counsel’s arsenal, say Alexandra Laks and Claudia Vetesi of Morrison & Foerster LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • The Road To Standardizing Food Safety And Quality Dates

    Michael Cromwell

    A lack of clear federal regulatory guidance on the quality and safety of food is one primary reason food waste is such a chronic problem in the U.S. Another is fear of liability. But potential solutions exist, both in the form of proposed legislative reform and current legislation, as well as voluntary standards developed by the food industry, says Michael Cromwell of Womble Carlyle Sandridge & Rice LLP.

  • Series

    Leegin's 10-Year Checkup: No Big Changes In The Marketplace

    Michael Lockerby

    The experience of the past decade simply has not borne out the U.S. Supreme Court dissent’s prediction that Leegin “will likely raise the price of goods at retail” and “create considerable legal turbulence as lower courts seek to develop workable principles,” says Michael Lockerby, co-leader of Foley & Lardner LLP's distribution and franchise practice group.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Series

    Leegin's 10-Year Checkup: US Influence On RPM Overseas

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    In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.

  • Why Amazon's Whole Foods Buy Is Likely To Be Cleared

    Lisl Dunlop

    Given Whole Foods' relatively small presence in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop of Manatt Phelps & Phillips.

  • Revisiting Enforcement Of EEOC Subpoenas At 9th Circ.

    Mark Wiletsky

    In April, the U.S. Supreme Court remanded U.S. Equal Employment Opportunity Commission v. McLane back to the Ninth Circuit to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC’s subpoena, says Mark Wiletsky of Holland & Hart LLP.