Food & Beverage

  • January 25, 2018

    Tea Co. Can’t Trim Coconut Oil Mislabeling Allegations

    A California federal judge on Wednesday refused to trim a proposed class action alleging a tea company misrepresents that coconut oil is healthy, saying the suit sufficiently alleges that the consumers would repurchase the product if it is reformulated in line with the label..

  • January 25, 2018

    E.Coli Outbreak Over, CDC Says, As FDA Probes Its Source

    The U.S. Centers for Disease Control and Prevention said Thursday that an E. coli outbreak likely linked to leafy greens appears to be over, but the U.S. Food and Drug Administration is continuing its investigation into the source of the 25 domestic cases in 15 states.

  • January 25, 2018

    'Heart Attack Grill,' 'Heart Attack Shack' Settle TM Beef

    Notorious Las Vegas eatery Heart Attack Grill has agreed to dismiss its trademark lawsuit against a Tennessee restaurant called Heart Attack Shack, saying in court filings Thursday that the rivals have reached a settlement over claims the latter ripped off the former’s concept of being a haven for the profoundly unhealthy.

  • January 25, 2018

    Blender Co. Knew Magic Bullet Posed Serious Risk, Suit Says

    A consumer who alleges she suffered severe nerve damage from a faulty Magic Bullet blender hit NutriBullet LLC with a lawsuit in California federal court Wednesday, saying the company has known for years that its appliances pose a risk of malfunction and injury to users.

  • January 25, 2018

    Girardi Can’t Shake Accounting Suit Over $120M Class Deals

    A California judge on Thursday said she will allow another round of amendments in a lawsuit against Girardi Keese seeking an accounting of about $120 million in settlement funds from a pair of deals in an oil contamination case against Shell Oil and a Dole Food unit.

  • January 25, 2018

    Pro Golfer Hit With $4.3M Suit Over Drink Co. Promotion Deals

    Professional golfer Greg Norman found himself in the crosshairs of a $4.3 million suit launched in Washington federal court Wednesday by drink and supplement company Organo Gold International Inc., which is accusing him of failing to promote the brand and transferring his publicity rights to a third party in violation of a licensing contract.

  • January 25, 2018

    California Restaurant Operator Beats WARN Layoff Suit

    A California federal judge has thrown out a lawsuit accusing Catalina Restaurant Group Inc. of violating the federal Worker Adjustment and Retraining Notification Act and state law by failing to warn workers ahead of layoffs, finding that the ex-employees failed to demonstrate there were enough terminations to require advance notice.

  • January 25, 2018

    Food & Beverage Group Of The Year: Sullivan & Cromwell

    Attorneys at Sullivan & Cromwell LLP worked on some of the biggest blockbuster deals in the food industry in 2017, like the Amazon.com purchase of Whole Foods Market and JAB Holdings' acquisition of Panera Bread Co., landing the firm a spot among Law360's Food and Beverage Practice Groups of the Year.

  • January 25, 2018

    Weil Atty Helps Secure Loans For 3 Of 2017's Largest Deals

    Two decades of relationship-building and skill-honing helped a Weil Gotshal & Manges LLP attorney land work on the financing aspects of some of 2017’s most high-profile blockbusters, including transformational deals that disrupted industries like food, health care, and media and entertainment.

  • January 24, 2018

    Jimmy John's Employees Challenge Franchise Noncompetes

    Fast-food sandwich chain Jimmy John’s was hit with a putative class action in Illinois federal court on on Wednesday, alleging Jimmy John's practice of nonsolicitation and no-hire agreements between franchisees is a violation of federal and state antitrust laws.

  • January 24, 2018

    Shepherds Fight H-2A Visa At DC Circ. In Wage Dispute

    The H-2A nonimmigrant visas that allow foreign-born shepherds to work in the U.S. are unlawful because the available positions represent a permanent labor shortage and are thus not temporary, and that they open those shepherds up to abuse by their employers, asserted organizations representing the workers in a brief they filed Tuesday with the D.C. Circuit.

  • January 24, 2018

    Ex Ad Agency Worker Claims Dr Pepper Exec Groped Her

    A former employee of advertising agency Initiative Inc. filed a suit in New York federal court Tuesday claiming she was sexually assaulted by a manager at Dr Pepper Snapple Group Inc., one of the agency’s clients, and that she was retaliated against for reporting it.

  • January 24, 2018

    NYC Eatery Faces Suit Over Pay Policies, Sex Bias

    Acclaimed French restaurant Le Bernardin was hit with a class and collective action in New York federal court Wednesday, accusing the Manhattan eatery and its owners of mistreating employees through practices including misappropriating tips, failing to provide proper pay and turning a blind eye to sexual harassment.

  • January 24, 2018

    Synutra Directors Say Take-Private Deal Complied With Law

    The special committee of the Synutra International Inc. board of directors said Wednesday in Delaware state court that an investor suit challenging the management-led take-private deal it approved in 2016 should be tossed because the transaction was the result of an independent and unconflicted negotiation process.

  • January 24, 2018

    Grocers Slam Teva, Mylan Over Drug Price-Fixing 'Conspiracy'

    The Kroger Co. and several other grocers accused Mylan Pharmaceuticals Inc., Teva Pharmaceuticals, Sandoz Inc. and others of conspiring to inflate generic drug prices that Kroger paid for its grocery store pharmacies, filing allegations of antitrust violations in a Pennsylvania federal court.

  • January 24, 2018

    Grumpy Cat Gets Mad Over IP Coffee Case, Wins $710K

    A California jury awarded the company that owns the "Grumpy Cat" image $710,000 in damages in a copyright and trademark infringement case brought by the famously frowning feline’s owners against a beverage company marketing “Grumppuccinos” and other coffee products.

  • January 24, 2018

    $26 For A Whopper? Burger King Takes On Net Neutrality

    A quirky Burger King ad released Wednesday turned a fast-food joint into a net neutrality case study, depicting outraged customers who are told they must pay $26 to be in the “priority” Whopper lane.

  • January 24, 2018

    Winn-Dixie Escapes Ex-Worker's FLSA Retaliation Suit

    A Florida federal judge handed a quick win to Winn-Dixie Stores Inc. Wednesday in an ex-worker’s suit claiming he was fired after reporting various Fair Labor Standards Act violations to the grocery store chain, saying he was suspected of stealing in between complaining about the alleged violations and the termination.

  • January 24, 2018

    Plunkett Cooney Adds MSU Global Food Law Professor

    Plunkett Cooney PC has expanded its administrative law and regulatory practice by adding a professor of global food law at Michigan State University College of Law to start a Food and Drug Administration regulatory and litigation practice group, the Bloomfield Hills, Michigan-based law firm said.

  • January 24, 2018

    Bodybuilding Co. Says Steroid-Alternative Suit Lacks Detail

    A bodybuilding supplements maker has urged a California federal judge to dismiss a rival’s suit accusing it of misrepresenting the health effects of steroid alternatives used in some of its products, saying the claims do not specify who made the allegedly false statements.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Decoding Settlement Process For FLSA Claims At 2nd Circ.

    Nathan Oleson

    Has the latest stratagem of using a Rule 68 offer of judgment in a Fair Labor Standards Act settlement created an alternative to obtaining formal court approval? This question has divided New York federal district courts over the past two years, and it will be resolved when the Second Circuit hears the appeal in Mei Xing Yu v. Hasaki Restaurant, says Nathan Oleson of Akin Gump Strauss Hauer & Feld LLP.

  • Expiring Soon: Temporary BPA Warning Regs Under Prop 65

    Robert Falk

    With the holidays and end of the year in mind, Robert Falk and Michael Steel of Morrison & Foerster LLP outline what food and beverage manufacturers and sellers should know before the temporary safe harbor warning for Bisphenol A exposures under California’s Proposition 65 expires at the end of next month.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Why The FDA Wants To Revoke Permission For A Health Claim

    Todd Halpern

    The U.S. Food and Drug Administration recently proposed the revocation of authorization for a health claim about the relationship between soy protein and coronary heart disease. This is the first time that the FDA has proposed such an action, and it may encourage reassessment of other authorized health claims, say attorneys with Venable LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.