Food & Beverage

  • May 9, 2017

    Rupari Cash Budget Tweaked To Resolve Committee Objection

    Bankrupt meat distributor Rupari Food Services Inc. resolved objections to its cash collateral budget to gain court approval of the spending plan from a Delaware judge Tuesday by increasing the money allocated to the unsecured creditors committee and reducing its own counsel fees.

  • May 9, 2017

    Trump Pick For FDA Commissioner Approved By Senate

    The Food and Drug Administration will soon have a new administrator, following a Tuesday vote by the U.S. Senate approving Dr. Scott Gottlieb to oversee the nation’s drug industry.

  • May 9, 2017

    Fed. Circ. OKs Kroger Rewards Program IP Win Under Alice

    The Federal Circuit on Tuesday summarily affirmed a district court decision that nixed a patent infringement suit lodged against The Kroger Co. over its computerized membership rewards program, keeping intact the dismissal under the Supreme Court’s Alice decision.

  • May 9, 2017

    PTAB Misconstrued Steuben Foods IP Term, Fed. Circ. Says

    The Federal Circuit on Tuesday kicked back to the Patent Trial and Appeal Board an infringement case in which Nestle claims a Steuben Foods packaging patent is obvious, finding that the board erred in how it construed a key claim term.

  • May 9, 2017

    Brigantine Servers' Collective Action Gets Green Light

    A California federal judge granted conditional certification Monday to a group of servers and bartenders pursuing a Fair Labor Standards Act suit against restaurant operator The Brigantine Inc., allowing their collective action over an allegedly unlawful tip-pooling policy to move forward.

  • May 8, 2017

    Crabbers Allowed To Join Suit Over Seafood Origin Rule

    A D.C. federal judge on Monday allowed Alaska-based crab harvesters to intervene as defendants in a suit challenging a regulation that requires importers to trace the origin of seafood brought into the U.S., saying the harvesters’ economic interest in the rule may not completely align with government efforts to defend it.

  • May 8, 2017

    Monsanto Blasts 'Last-Minute' Discovery In Weedkiller MDL

    Consumers claiming Monsanto’s weedkiller Roundup causes cancer shouldn’t be allowed to force the company to turn over more than 1,000 slides of mouse kidney tissue from the 1980s, the company told a California federal court Friday, calling the "last-minute" request a “transparent attempt” to disrupt the case schedule.

  • May 8, 2017

    NLRB Judge Says Burger Joint’s Loitering Rule Too Broad

    A National Labor Relations Board judge recently decided that the no-loitering policy of Burgerville LLC was overbroad and that a manager should not have told employees to stop handing out union material outside the fast-food chain's restaurant.

  • May 8, 2017

    China Fishery Lenders Oppose Extended Plan Exclusivity

    Defunct China Fishery Group Ltd.’s lenders on Friday blasted its request for an eight-month extension to file a Chapter 11 plan, calling the move a transparent delay tactic and telling a New York bankruptcy court they’ve completely lost faith in the seafood processor’s management.

  • May 8, 2017

    Georgia Arrest Fair Game In NYC Restaurateur's Ponzi Trial

    Prosecutors can tell a Manhattan jury that former liquor wholesaler and restaurant owner Hamlet Peralta, who is accused of a $12 million Ponzi scheme, went to Georgia before he was arrested because he was trying to evade capture, a federal judge ruled Monday.

  • May 8, 2017

    Bayer To Sell Liberty Biz To Clinch $66B Monsanto Buy

    Bayer AG has agreed to sell off its Liberty Link crop protection technology and the associated Liberty agro-chemicals business worldwide to secure clearance of its $66 billion takeover of rival Monsanto in South Africa, the company said Monday.

  • May 8, 2017

    Bumble Bee Pleads Guilty In DOJ Seafood Price-Fix Probe

    Bumble Bee Foods LLC will plead guilty to fixing prices for shelf-stable tuna and pay a criminal fine of at least $25 million in the first charges to be filed against a corporation in the U.S. Department of Justice’s ongoing antitrust investigation into the seafood industry, the DOJ said Monday.

  • May 8, 2017

    Billy Walters Bets Key Witness' 'Perjury' Wins New Trial

    Prominent gambler Billy Walters, convicted in April of insider trading, on Friday asked a New York federal court for a new trial, saying the government’s star witness former Dean Foods chair Tom Davis lied on the stand and prosecutors knew or should have known he was lying.

  • May 8, 2017

    How 1 Firm Helped Navigate A Dozen Texas Hotel Deal Changes

    A massive 600-room, four-brand hotel project adjacent to the Dallas Cowboys stadium has required more than a dozen contract amendments due to a number of financing, branding and zoning complications, and one law firm has helped developer NewcrestImage bring the project to its recent groundbreaking.

  • May 5, 2017

    Pet Food Co. Takes Ohio Tax Row To Supreme Court

    A pet food ingredients company has asked the U.S. Supreme Court to determine that the company has the right to make a federal dispute of a state tax case because it has little to no connection with the state.

  • May 5, 2017

    Kona Grill Hit With FLSA Overtime Class Action In Fla.

    Kona Grill Inc. was hit Friday with a putative class suit in Florida federal court claiming the restaurant chain misclassified sous chefs and other workers as exempt from overtime pay in violation of the Fair Labor Standards Act.

  • May 5, 2017

    Atty In Chefs' Warehouse Row: No Threatening Calls From Me

    An employment lawyer who was already sanctioned for his conduct during a deposition told a California federal judge Friday he had nothing to do with an anonymous threatening voicemail to a Reed Smith LLP attorney for The Chefs’ Warehouse, asking to move forward with the case.

  • May 5, 2017

    Ex-Peanut Corp. Exec Says Gov't Skewed Emails

    A former Peanut Corp. of America manager, who is appealing a conviction over her role in a salmonella outbreak that killed nine people, told the Eleventh Circuit on Thursday that the government slanted emails she sent to make it look like she was a co-conspirator.

  • May 5, 2017

    USTR Pick To Move Forward Next Week, McConnell Says

    The confirmation of U.S. Trade Representative nominee Robert Lighthizer will move forward, Senate Majority Leader Mitch McConnell said on the floor Thursday, after votes Monday on the president's picks to head the U.S. Air Force and the U.S. Food and Drug Administration.

  • May 5, 2017

    Caseworkers Can't Be Blocked From Farms, Judge Rules

    Caseworkers, including legal aid workers, should enjoy First Amendment protection in making outreach visits to migrant workers living on their employers’ land, a Maryland federal judge has ruled, saying caseworkers hit with now-rescinded trespassing notices may keep pursuing most of their claims.

Expert Analysis

  • Beware Unintended Consequences Of Class Action Reform

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    The U.S. House of Representatives currently has before it a bill — H.R. 985 — intended to reduce abusive class action and mass tort practices that undermine the integrity of the legal system. Class action litigation does need reform, but some features of this legislation could perpetuate existing problems and create new ones, say Anthony Anscombe and Mary Beth Buckley of Sedgwick LLP.

  • NY Employers Can't Avoid Overtime And Minimum Wage Regs

    Joshua Zuckerberg

    When a district court judge in Texas enjoined the U.S. Department of Labor’s federal overtime rule last year many employers breathed a sigh of relief. However, there are many states, like New York, that have expressed a real intent to fill the void and make sure that labor protections continue, say Joshua Zuckerberg and LaKeisha Caton of Pryor Cashman LLP.

  • Cannabis Industry Standards: ASTM May Fill The Vacuum

    James Ravitz

    There are no uniform standards to ensure cannabis is produced and processed in a way that protects consumer health and safety. State regulators in Colorado, California and elsewhere have tried to fill the gap, but this patchwork approach is far from perfect. ASTM International's newly announced plan for cannabis industry standards could be beneficial, say James Ravitz and Emily Leongini of Arent Fox LLP.

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Insights From Oral Arguments In McLane V. EEOC

    Anne Knox Averitt

    Although the only issues before the U.S. Supreme Court in McLane v. U.S. Equal Employment Opportunity Commission are the appellate review standard and the relevance of employee contact information, it will behoove employers if the court sheds additional light on how to factor other considerations in responding to EEOC subpoenas, says Anne Knox Averitt of Bradley Arant Boult Cummings LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • What Food Cos. Can Expect From New Date Label Standards

    Anne Marie Ellis

    A number of major manufacturers have signaled their willingness to adopt new standards for date labels used on U.S. food products recently introduced by the Food Marketing Institute and the Grocery Manufacturers Association. Industry insiders anticipate widespread adoption of the standards, as they also serve as a way for food manufacturers to undermine looming federal legislation, say Anne Marie Ellis and Michael Preciado of Buchalter.

  • Opinion

    Returning Balance To The NLRB

    Kurt G. Larkin

    Labor practitioners have come to expect changes when control of the National Labor Relations Board changes hands. As long as the pendulum swings within the limitations established in the National Labor Relations Act, the system remains workable. By any objective measure, following the Obama administration’s drastic and one-sided policy changes, it is clear the pendulum needs to swing back, says Kurt Larkin of Hunton & Williams LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.