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Food & Beverage

  • May 3, 2018

    Real Estate Rumors: Eastern Star, Sweetgreen, Pulte Homes

    Eastern Star Development has reportedly bought a New York hotel for $27.5 million and plans to tear it down and build luxury condos, salad fast-food chain Sweetgreen is said to be taking 2,000 square feet at Hudson Yards in New York and Pulte Homes has reportedly picked up 69 acres in Florida for $18.7 million.

  • May 2, 2018

    Starbucks Pays Settlement, Tuition To Men Arrested In Philly

    Starbucks Corp. reached a settlement with two black men arrested in mid-April in a Philadelphia store, saying Wednesday it agreed to pay them an undisclosed amount and cover their college tuition after an incident that left the company scrambling to update its bias training.

  • May 2, 2018

    Anti-China Bias Merits New IP Trial, French Press Co. Says

    A manufacturer hit with a $2 million jury verdict for infringing Bodum's trade dress for its Chambord French press asked an Illinois federal court Tuesday for a new trial, claiming that the jury was biased because its coffee press is made in China.

  • May 2, 2018

    Ex-KFC La. Site Buyer Wants Cleanup Suit To Stay Out Of Ill.

    The holding company used in the purchase of a former KFC restaurant site in the Louisiana town of Metairie urged a Louisiana federal judge Tuesday not to move to Illinois a lawsuit alleging that the company failed to clean up property pollution, arguing that its environmental consultant has no right to push for a change of venue.

  • May 2, 2018

    Seasons 52, EEOC Reach $3M Deal To End Age Bias Case

    Darden Restaurant Inc.'s Seasons 52 has agreed to pay nearly $3 million and take additional measures to eliminate age bias at its restaurants to end a Florida federal court suit by the U.S. Equal Employment Opportunity Commission alleging the restaurant chain discriminates against job applicants older than 40.

  • May 2, 2018

    Pepsi Bottling Co. Job Applicants Ink $1.2M FCRA Deal

    A PepsiCo Inc. bottling subsidiary has agreed to pay $1.19 million to more than 23,000 potential class members who allege the company violated the Fair Credit Reporting Act by failing to disclose it accessed their consumer reports, according to a Wednesday bid for preliminary approval of the deal.

  • May 2, 2018

    Union, Bankruptcy Trustee Fight Grocer's Executive Bonuses

    The U.S. Trustee's office and the Teamsters union on Tuesday told a New York bankruptcy court that a proposed $7.1 million employee bonus proposal in Tops Markets LLC's Chapter 11 plan would award hefty bonuses to the supermarket chain's top executives for simply doing their jobs.

  • May 2, 2018

    Hawaii First To Ban Pesticide Linked To Brain Damage

    A bill approved by Hawaii’s Legislature Tuesday made the state the first in the U.S. to ban chlorpyrifos, a pesticide the U.S. Environmental Protection Agency has linked to brain damage in children but declined to ban in 2017.

  • May 2, 2018

    Atty Was Firm Partner Behind Botched Suit, 3rd Circ. Told

    A former Wakefern Food Corp. employee has called on the Third Circuit to revive her malpractice claims against an attorney she says was a partner in a firm that mishandled her wrongful termination suit against the supermarket business.

  • May 1, 2018

    DLA Piper Adds Food And Beverage Partner In Philly

    DLA Piper LLP has added to its litigation practice a seasoned attorney in food and beverage industry matters who said Tuesday she is looking to assist clients through the firm's global platform as they aim to expand their businesses across the world.

  • May 1, 2018

    Ill. Appellate Court Lets Chicago Out Of Club Stampede Case

    An Illinois appellate panel on Monday affirmed the dismissal of the city of Chicago from a long-running case over a February 2003 "stampede" at the E2 Nightclub in Chicago, which resulted in 21 deaths and even more injuries as people rushed to the exit after a fight in the club led to panic and a scramble for the door.

  • May 1, 2018

    1st Circ. Backs Burger King Franchise's Quick ADA Suit Win

    A First Circuit panel on Monday backed a Puerto Rico federal court’s decision that a former Burger King assistant manager who developed post-traumatic stress disorder and depression after being attacked while trying to make a bank deposit wasn’t a “qualified individual” under the Americans with Disabilities Act.

  • May 1, 2018

    Danone Dodges Consumer's Suit Over Organic Milk Label

    A California federal judge on Tuesday tossed a consumer's proposed class action alleging that Danone's "Horizon Organic" milk is not actually organic, finding the fraudulent business practice claims are preempted by a federal law and that the consumer knew an allegedly nonorganic additive was in the milk when she bought it.

  • May 1, 2018

    Starbucks Can’t Skim Unpaid Minutes, Calif. High Court Told

    A proposed class of Starbucks Corp. employees asked the California Supreme Court on Tuesday to revive allegations that the coffee chain shortchanged them for off-the-clock work, saying a district judge erred in applying federal labor rules that curb claims over short periods of unpaid time to their state wage law claims.

  • May 1, 2018

    FDA, FTC Say E-Cig Liquids Can't Resemble Children’s Foods

    The U.S. Food and Drug Administration and the Federal Trade Commission on Tuesday warned 13 e-cigarette companies that their e-liquids closely resemble children's food such as apple juice and candies, in violation of the Federal Food, Drug and Cosmetic Act.

  • May 1, 2018

    Soda Tax Preemption Bill Clears Pa. House Committee

    A Pennsylvania legislative committee signed off on a measure Tuesday that would invalidate the city of Philadelphia’s controversial tax on sweetened beverages and preempt other municipalities in the state from enacting similar measures.

  • May 1, 2018

    Atty Contempt Order Stayed In Chipotle OT Suit Amid Appeal

    A Texas federal judge on Tuesday paused a contempt order entered against a plaintiff and her attorneys from firms including Cohen Milstein for filing an overtime lawsuit against Chipotle in New Jersey based on a rule he had blocked, holding the chain would not be harmed while plaintiffs fight the order at the Fifth Circuit.

  • May 1, 2018

    Water Groups Lose Bid To Halt Salmon Protection Measures

    A California federal judge refused to halt or tweak an order meant to help protect a population of a threatened salmon species in the Klamath River, rejecting an argument by water groups that new evidence shows the protective measures are unnecessary in 2018.

  • April 30, 2018

    Gordon Ramsey In Hot Water Over Caesars Eatery Contracts

    Companies that collaborated with Gordon Ramsay on restaurants asked an Illinois bankruptcy judge to sanction the celebrity chef, saying he has failed to comply with their requests for documents regarding his plans for eateries with Caesars and accusing him of withholding information as a delay tactic.

  • April 30, 2018

    Insurer Off Hook For Injury Suits After Jury Calls Venue A Bar

    A Florida federal judge on Monday fleshed out a jury’s recent verdict in litigation over indemnity for two violent incidents outside of an Orlando venue, saying that since the jury found the venue was a bar or nightclub, coverage is excluded.

Expert Analysis

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Dietary Supplements And FDA: Potential For Partnership?

    David Hoffmeister

    Following recent developments in litigation over a dietary supplement between ChromaDex and Elysium Health, several points are worth noting, one of which includes whether this is the time for a voluntary, higher-level collaboration between the dietary supplement industry and the U.S. Food and Drug Administration, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Why 2nd Time Was Not The Charm For Baby Food Class Cert.

    Alexandra Laks

    On remand from the Ninth Circuit, a federal district court in California last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. The decision demonstrates that the bar for class certification in the food misbranding context remains high, even in the wake of appellate decisions favorable to plaintiffs, says Alexandra Laks of Morrison & Foerster LLP.

  • Make An Informed Choice About Arbitration

    Shope_John_press_2.jpg

    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Finding Reason In The 'Reasonable Consumer'

    Anthony Anscombe

    A California federal judge recently granted summary judgment to Starbucks after a plaintiff claimed to have been defrauded because his latte contained foam, a victory for “reasonable consumers” and an opportunity to review the reasonable consumer standard to help focus arguments at all stages of class litigation, say Anthony Anscombe and Darlene Alt of Steptoe & Johnson LLP.

  • How Newman's Own Got A New Life

    Allen Bromberger

    A new law allowing private foundations to own all of a business under certain conditions gives a new lease on life to the foundation that owns the company producing and selling Newman’s Own food products. More private foundations may take ownership of profitable businesses as a result of this law, says Allen Bromberger of Perlman & Perlman LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

    Alexandra Laks

    In Victor v. Bigelow and Khasin v. Bigelow, the Ninth Circuit recently found that injunctive standing in the misbranding context is limited and requires a current intent to purchase challenged products in the future. Whether a plaintiff has standing to pursue an injunction may depend on the plaintiff’s deposition testimony, say Alexandra Laks and Lucia Roibal of Morrison & Foerster LLP.