Food & Beverage

  • June 28, 2017

    Calif. AG, Restaurant Debate High Court Ruling At 9th Circ.

    California’s attorney general and an Italian restaurant sparred Tuesday in the Ninth Circuit over how a U.S. Supreme Court ruling about retailers’ disclosures to customers regarding credit card surcharges will affect the AG's appeal of a California federal court decision that tossed a state ban on credit card surcharges.

  • June 28, 2017

    Buffalo Trace, Wine Can’t Be Confused, Trial Judge Told

    Fetzer Vineyards on Wednesday fought allegations that it infringed the Buffalo Trace bourbon trademark owned by Sazerac Co., calling an industry specialist and a marketing expert to testify during a bench trial that there was no way consumers would confuse the wine and bourbon products.

  • June 28, 2017

    Ex-StarKist Exec Pleads Guilty To Seafood Price-Fixing

    A former senior vice president for StarKist Co. pled guilty to one count of price-fixing in California federal court on Wednesday, agreeing to a plea deal offering a possibly reduced sentence if he cooperates with the government's investigation into anti-competitive practices in the packaged seafood industry.

  • June 28, 2017

    Coca-Cola Can't Squeeze Out Of 'No Added Sugar' Juice Suit

    A California federal judge on Wednesday declined to nix a proposed class action over a "no added sugar" label on the front of Coca-Cola-owned fruit juice brand Odwalla Inc. drinks, saying that the company failed to establish that fruit juice, as a whole, normally contains added sugars.

  • June 28, 2017

    Coffee Co. Wants $2.4M TM Judgment Reconsidered

    Jammin Java Corp. urged a California federal judge Tuesday to reconsider his May ruling that the coffee company owes companies connected to Bob Marley $2.4 million for selling Marley-branded coffee after a trademark license agreement between the companies was terminated, arguing that the court failed to consider whether the alleged infringement was willful.

  • June 28, 2017

    Playboy's Damages Against Drink Co. Tripled To Nearly $19M

    An Illinois state court has tripled Playboy’s $5 million damages award, denied a bid by the maker of an energy drink bearing Playboy’s name for a new trial and granted Playboy fees and costs in a long-running trademark infringement case, bringing its winnings in the case to nearly $19 million.

  • June 28, 2017

    Meal Kit Startup Blue Apron Slashes IPO Price Range By 34%

    Meal kit delivery startup Blue Apron Holdings Inc. slashed its initial public offering price range by more than one-third on Wednesday, according to a regulatory filing, representing a potentially sharp reduction in proceeds just as the week's highest-profile IPO is about to price.

  • June 28, 2017

    Panda Express Settles Immigrant Discrimination Claims

    The parent company of Panda Express will pay more than half a million dollars to settle claims that the nationwide fast-food chain excessively checked the immigration documents of already-verified employees, the Department of Justice’s Civil Rights Division announced Wednesday.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    8th Circ. Revives Retaliation Claim In Ex-Grain Worker’s Suit

    A split Eighth Circuit panel on Wednesday reversed a lower court’s grant of a quick win to a grain facilities operator on a former employee’s claim that her termination was retaliation for an email that raised a sex bias issue, saying she was terminated despite the absence of negative reviews.

  • June 28, 2017

    Chinese Garlic Co. Gets Dismissal Finalized So It Can Appeal

    A California federal judge has entered a final judgment dismissing a lawsuit brought by a Chinese garlic exporter, which had accused Chinese competitors of defrauding the U.S. to acquire preferential duties, at the request of the plaintiffs, who want to move on to an appeal.

  • June 28, 2017

    Monini Wants False Ad Suit Over Truffle Olive Oil Tossed

    Monini North America Inc. has urged a New York federal judge to toss a "spurious" proposed class action alleging that the company dupes shoppers into believing its truffle-flavored olive oils actually contain the expensive ingredient, saying the labeling makes it clear that that’s not the case.

  • June 28, 2017

    Crusade Against Canadian Dairy Hurdles Goes Global

    The U.S. dairy industry on Tuesday picked up new allies in its fight to knock down Canadian pricing policies in that sector as it united with industry groups from Argentina, Australia, the European Union, Mexico and New Zealand to encourage their respective governments to lean on Ottawa.

  • June 28, 2017

    ABC Settles $1.9B 'Pink Slime' Suit Midtrial

    ABC said Wednesday it has reached an “amicable” settlement to end a defamation suit over its reports calling Beef Products Inc.'s beef trimmings “pink slime."

  • June 27, 2017

    Chicago-Area Retailers Sue Over Penny-An-Ounce Soda Tax

    A group of Chicago-area store owners filed a lawsuit Tuesday in Cook County Court seeking to halt the enactment of a penny-an-ounce county tax on soda pop, arguing it will negatively impact their sales.

  • June 27, 2017

    Darden Wants FACTA Suit Stayed Pending Spokeo Ruling

    Darden Restaurants Inc. urged a Florida federal judge Tuesday to wait to decide a case claiming it violated the Fair and Accurate Credit Transactions Act, saying the judge is set to rule on a strikingly similar suit that also addresses the U.S. Supreme Court’s Spokeo v. Robins ruling.

  • June 27, 2017

    PAGA Waiver Stalls Vons’ $2.1M Late-Wages Suit Settlement

    A California judge Tuesday refused to approve Vons Cos. Inc.’s $2.1 million settlement to resolve the putative class claims of 43,700 former employees alleging the grocery giant was slow to pay post-termination wages, saying the deal waives Private Attorneys General Act claims not raised in the complaint.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

Expert Analysis

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Case For A Lawyer As Chief Operating Officer

    Nate Bennett

    It is wise to consider looking for a potential chief operating officer in what some might consider an unconventional place — the ranks of the legal profession. A risk-conscious attorney may serve as a good counterweight to a more enterprising CEO, say Dr. Nathan Bennett of Georgia State University and Matt Bedwell of The Miles Group LLC.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • When You Can't Fire An Employee For A Nasty Facebook Post

    Stephanie Caffera

    Employee discipline may seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. The Second Circuit's recent decision in National Labor Relations Board v. Pier Sixty demonstrates several related lessons, including how the NLRA continues to be construed much more broadly than employers generally expect, say attorneys with Nixon Peabody LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 13 FCPA Enforcement Actions Resolved In 2017 So Far

    Marc Bohn

    The first three weeks of 2017 served as a capstone to the flurry of Foreign Corrupt Practices Act enforcement activity that marked the end of 2016, while the remainder of the quarter saw little in the way of additional enforcement actions by the U.S. authorities. However, there are no significant indications that FCPA enforcement efforts will shift dramatically under the Trump administration, say attorneys with Miller & Chevalier Chtd.

  • Federal Judges Are Tired Of 'Stock' Discovery Objections

    David Goldhaber

    With the latest amendments to the Federal Rules of Civil Procedure now behind us, federal court litigators should take stock of their “stock objections” and put them to rest. Several recent examples from federal courts make this abundantly clear, and state courts are sure to follow, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.