Food & Beverage

  • September 5, 2017

    Coconut Importer Says Partner Is Lying About Equity Stake

    The founder of a Canadian coconut importing firm filed suit in Delaware Chancery Court on Tuesday, alleging a partner brought into the company to help expand into the United States is trying to take control of his company while lying about the equity shares each man holds.

  • September 5, 2017

    Kona Beer Drinkers Can Proceed With Trimmed Labeling Suit

    A California federal judge on Friday trimmed a putative class action alleging Kona Brewing Co.’s parent company misleads buyers into thinking mainland-brewed beer is actually from Hawaii, allowing the suit to proceed and emphasizing that the tropical islands are “a state as well as a state of mind."

  • September 5, 2017

    Chipotle Data Breach Suits Get Consolidated

    A Colorado federal judge on Friday consolidated two proposed class actions against Chipotle Mexican Grill Inc. involving a late-April data breach, saying they involve common questions of law and fact, but he declined to appoint interim counsel and reserved that ruling for a later date.

  • September 5, 2017

    Deals Rumor Mill: Western Digital, Edinburgh Airport, Sabeco

    Western Digital wants a stronger position in a joint venture with Toshiba, Global Infrastructure Partners considered selling Edinburgh Airport but is not currently planning on it, and the Vietnamese government is getting closer to selling a majority stake in brewer Sabeco.

  • September 5, 2017

    Soupman Says It Has Resolved Objection To Ch. 11 Sale

    Bankrupt soup purveyor The Original Soupman Inc. on Tuesday made a second attempt to secure court approval for a plan to sell assets in its Chapter 11 case, saying it will provide new information to allay an objection over the company's board not having signed off on the deal.

  • September 5, 2017

    Houston Billionaire Buys NBA’s Rockets In $2.2B Deal

    Billionaire restaurateur and Houston native Tilman Fertitta will pay $2.2 billion to acquire the Houston Rockets, the team announced Tuesday, in a deal carrying the highest price tag ever for an NBA franchise.

  • September 5, 2017

    5-Hour Energy Discount Suit Not Over Yet, Judge Says

    A California federal magistrate judge on Friday shot down dueling bids by wholesalers and the maker of 5-Hour Energy drinks to claim victory in a dispute over alleged illegal price breaks given to Costco by the manufacturer, saying there are still a number of factual issues to resolve.

  • September 1, 2017

    Speech Rights Outweigh Bias Law, Cake Baker Tells Justices

    A Christian baker’s First Amendment rights allowed him to refuse to create a wedding cake for a same-sex couple, the U.S. Supreme Court heard Thursday in a briefing that kicks off a momentous civil rights case.

  • September 1, 2017

    Chiquita Plaintiffs Can't Get Evidence From Colombia Probes

    A Florida federal judge denied a request Friday to collect information regarding ongoing war crimes trials in Colombia, ruling the request from families of people murdered by right-wing Colombian paramilitaries was overbroad and not crucial to their lawsuit against Chiquita.

  • September 1, 2017

    Postmates' $9M Misclassification Deal Gets OK'd

    A California federal judge on Friday preliminarily approved Postmates Inc.’s $8.75 million settlement that would resolve a proposed class action claiming the on-demand delivery service misclassified its couriers as independent contractors and paid them below minimum wage.

  • September 1, 2017

    Bumble Bee, StarKist Replace Counsel In Tuna Price-Fix MDL

    Bumble Bee Foods LLC and StarKist Co. have shaken up their legal teams in multidistrict litigation over an alleged tuna price-fixing scheme, with both companies replacing the firms representing them, according to documents filed in California federal court.

  • September 1, 2017

    Restaurant, Payment Co. Get $52M Deal OK'd Amid Objections

    A Georgia federal judge approved a $52 million settlement amid multiple objections Thursday to end class claims that payment processing company Mercury Payment Systems LLC charged restaurants and retailers bogus fees in violation of its contracts.

  • September 1, 2017

    EEOC, Darden Must Brief Bad Faith Role In Sanctions Bid

    A Florida federal judge on Friday directed the U.S. Equal Employment Opportunity Commission and Darden Restaurants Inc. to brief him on the significance if he finds that company documents the agency sought in an age discrimination suit concerning the Seasons 52 chain were not destroyed in bad faith.

  • September 1, 2017

    EU Appeals WTO's Report On Pakistani Polymer Duties

    The European Union has lodged an appeal regarding issues the World Trade Organization took with countervailing duties the trading bloc placed on imports from Pakistan of a chemical polymer used in plastic food and beverage containers, arguing the WTO shouldn’t have reviewed duties that are no longer in place.

  • August 31, 2017

    Coverage Battle Over $3.5M Pea Recall To Stay In Wash.

    A Washington federal judge ruled Thursday that a suit by National Frozen Foods Corp. against Berkley Assurance Co. over coverage for a $3.5 million pea recall can stay in his court, saying the state's high court would never countenance the forum-selection clause that the insurer has claimed should boot the case to New York.

  • August 31, 2017

    Citrus Co. Not A Joint Employer In Wage Row, 11th Circ. Hears

    A citrus grove operator held partially liable for a subcontractor's scheme to steal wages from guest workers hired under the H-2A visa program has appealed to the Eleventh Circuit, arguing that the subcontractor had complete control over the workers' employment.

  • August 31, 2017

    Claims Survive On Both Sides In Stoli Vodka TM Battle

    A New York federal judge on Thursday refused to dismiss trademark infringement claims by a Russian state-owned entity against two men who allegedly usurped the trademark rights to Stolichnaya vodka, while also refusing to toss an unjust enrichment counterclaim against the plaintiff.

  • August 31, 2017

    Insurers Needn't Pay In Tainted Whey Cases, 7th Circ. Says

    The Seventh Circuit on Thursday affirmed a decision in favor of former executives of a whey protein supplier that Land O'Lakes accused of selling products tainted with urine byproduct, but also upheld rulings freeing several insurers from covering the executives in the suit or a separate dispute stemming from the sale of the supplier.

  • August 31, 2017

    Coffee Cancer Trial Against Starbucks, Others Steams Ahead

    A nonprofit accusing Starbucks, Trader Joe's, Costco and others of not warning consumers about carcinogens in their brews rejected a California judge’s proposal Thursday to delay trial for further discovery over disputed scientific data, saying they'd waited seven years and teeing up the case to start Tuesday.

  • August 31, 2017

    Deals Rumor Mill: BHP Billiton, Deutsche AM, Bon-Ton

    BHP Billiton has hired advisers to help sell its roughly $10 billion U.S. shale oil and gas business, Deutsche Asset Management is selling a nearly $1.3 billion stake in U.K. water company Kelda, and debt-ridden U.S. retail chain Bon-Ton is exploring its options.

Expert Analysis

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Brazil’s Corruption Tipping Point

    Ariel Ramirez

    What began as a small money-laundering investigation at a gas station in the capital of Brazil has spread to corporations around the world and to the uppermost ranks of government. The best way for a company to understand its legal posture relative to its activities in Brazil is to undertake a comprehensive, independent investigation of operations in the region, says Ariel Ramirez of Berkeley Research Group LLC.

  • Calif. Aims To Raise Bar On Overtime Salary Test

    Gina Roccanova

    The California Senate is poised to act on a bill that would require a higher salary threshold for categorizing employees as exempt from overtime requirements. Many employers pay their exempt employees, and many of their nonexempt employees, more than the proposed minimum, but this legislation will have a greater impact on certain categories of businesses, says Gina Roccanova of Meyers Nave Riback Silver & Wilson PLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Survey And Real-World Data: A Winning Combination

    Peter Simon

    Courts increasingly require empirical proof in cases where the impact of particular behavior, claims or statements on consumer perceptions or choices is a central focus. Primary survey data and real-world data can each offer strong evidence on its own, but substantial synergies can be obtained when the two are used together, say members of Analysis Group Inc.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • When Text Messages To Employees Become A Liability

    Stephen Roppolo

    Supervisors using texts as a way to communicate with employees can find their words scrutinized by judges, jurors and government agencies. A New York demolition and concrete company recently discovered this the hard way when the National Labor Relations Board ruled that one of its supervisors engaged in unlawful interrogation of an employee, says Stephen Roppolo of Fisher Phillips.

  • Opinion

    Why 'Class Action Attorney Fees' Are Such Dirty Words

    Dan Karon

    What drives disdain for plaintiffs class action lawyers getting paid? While stupid class actions filed by feckless lawyers are a disgrace, good class actions are essential. Without risk-taking plaintiffs lawyers, there would be no defense lawyers, and corporate cheaters would run amuck, ravaging consumers and victimizing well-behaving companies, says Daniel Karon of Karon LLC.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.