Food & Beverage

  • October 27, 2017

    IHOP Worker Who Says Weekly Hours Topped 60 Sues For OT

    A former assistant manager at a Massachusetts International House of Pancakes franchise has sued the restaurant for overtime payment, alleging he worked between 61 and 68 hours per week for more than two years without receiving proper wages in violation of the federal Fair Labor Standards Act.

  • October 27, 2017

    Texas Agriculture Dept. Asks AG To Weigh In On ‘BBQ Bill’

    The Texas Department of Agriculture has asked the state’s attorney general to weigh in on a debate over its interpretation of the “BBQ Bill,” which exempts certain restaurants from requirements for commercial scales, after many criticized the department’s interpretation of the new law as unfair to restaurants that take take-out orders.

  • October 27, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG Speciality Insurance Co. blasted The Walt Disney Co.’s efforts to force into arbitration their dispute regarding whether the insurer owes $25 million toward a settlement over news reports calling a Beef Products Inc. item “pink slime,” telling a California federal court Thursday that it lacks jurisdiction and arbitration isn’t appropriate.

  • October 27, 2017

    Subway Patrons' Ill. Soda Tax Suit Sent Back To State Court

    A federal judge on Thursday granted a request by two consumers to send back to state court their litigation against the U.S. franchiser of Subway restaurants over the alleged misapplication of a Cook County, Illinois, soda tax, shutting down the company’s claims that the motion was frivolous.

  • October 27, 2017

    Illinois Restaurant Group Slapped With Biometric Privacy Suit

    An employee of a Chicago-based restaurant company hit the business with a proposed class action in Illinois state court Thursday, alleging that its practice of scanning employees' fingerprints violates a state law prohibiting the collection and storage of such biometric information without the employees’ express written consent.

  • October 27, 2017

    Fired GNC Manager Wins $250K Verdict In Age Bias Suit

    General Nutrition Corp. intentionally discriminated against a store manager in his 50s when it fired him because of his age, a New Jersey federal jury found Thursday. 

  • October 27, 2017

    Class Wants Objector's Atty DQ'd In Caribou TCPA Suit

    An attorney representing an objector to Caribou Coffee Co.’s $8.5 million Telephone Consumer Protection Act settlement with consumers should be disqualified for setting up a website that is misleadingly similar to the official settlement class site, the lead plaintiff has told a Wisconsin federal court.

  • October 27, 2017

    TGI Friday's Gets Initial OK On Revised $19.1M Wage Deal

    A New York federal judge on Thursday granted preliminary approval to a revised $19.1 million settlement of a wage suit brought against restaurant chain TGI Friday’s Inc. by a class of 28,000 tipped workers after the parties agreed to remove provisions that previously led the judge to kill the settlement.

  • October 27, 2017

    Taxation With Representation: Cooley, Alston, Mayer, Davis

    In this week’s Taxation With Representation, Cisco snapped up BroadSoft for $1.9 billion, The Hartford Financial Services Group acquired Aetna’s group life and disability unit for $1.45 billion, Potlatch shelled out $3.3 billion for Deltic Timber, and Graphic Packaging and International Paper’s North American business combined to create a $6 billion packaging partnership.

  • October 26, 2017

    AIG Says Disney Policy Doesn't Cover 'Pink Slime' Deal

    American International Group Inc. sued The Walt Disney Co. in New York on Thursday seeking a declaration it’s not on the hook for $25 million, part of the ABC News parent’s defamation suit settlement over an investigative report that called a Beef Products Inc. product "pink slime.”

  • October 26, 2017

    CIT Upholds Commerce's Chinese Crawdad Meat Duties

    A U.S. Court of International Trade judge has affirmed the U.S. Department of Commerce's final anti-dumping duty determination against four Chinese crawdad exporters, which had challenged the agency's decision to compare them to a South African producer when calculating the tariff instead of two Thai producers.

  • October 26, 2017

    Man Cops To Conning Lenders Out Of $3M For Pita Business

    A former Connecticut resident accused of duping Wells Fargo and other lenders into giving him more than $3 million to fund his pita bread manufacturing business has pled guilty to fraud charges in Connecticut federal court and will pay back that dough as restitution, prosecutors said Thursday. 

  • October 26, 2017

    Mass. Cop Indicted For Helping ‘Codfather’ Smuggle Cash

    A Massachusetts county sheriff’s captain arrested in August for allegedly helping a fisherman known as the “Codfather” smuggle illicit cash overseas has been formally indicted, the Boston U.S. attorney said on Thursday.

  • October 26, 2017

    Job Applicants Can’t Consolidate Waffle House Class Actions

    A Florida federal judge has ruled that a group of job applicants in their proposed class action against Waffle House Inc. and a public-record website may intervene in another job-applicant group’s earlier and similar action, but he refused to consolidate the two cases and instead sent the earlier case to arbitration.

  • October 26, 2017

    Pizza Hut Drivers' Suit Paused To Await Class Waiver Ruling

    An Illinois federal court judge Wednesday paused a proposed class action brought by delivery drivers against a Pizza Hut franchisee until the U.S. Supreme Court issues a ruling in a separate case on the legality of class action waivers in arbitration agreements, finding that this ruling will have a direct impact on the case.

  • October 26, 2017

    Bayer's Financing Needs Shift As Monsanto Price Falls $2.5B

    Germany's Bayer AG said Thursday that a $2.5 billion decrease in the enterprise value of its planned buyout of U.S.-based Monsanto Co., along with the proceeds from recent antitrust-related divestitures, could potentially cut the amount of equity the drug and chemical maker needs to raise to finance the megadeal. 

  • October 26, 2017

    Smokey Bones Workers Get Class Cert. In Tip-Credit Suit

    A South Carolina federal judge Wednesday granted conditional class certification to about 6,500 current and former Smokey Bones bartenders and servers in a suit alleging the restaurant took a Fair Labor Standards Act tip-credit against the minimum wage while requiring employees to do considerable nontipped work.

  • October 26, 2017

    Starbucks Must Face Applicant's Suit Over Background Check

    A job applicant has standing to sue Starbucks for allegedly violating the Fair Credit Reporting Act by failing to give him an opportunity to contest the findings of an inaccurate background check that was used to deny him employment, a Washington federal court ruled Wednesday.

  • October 26, 2017

    Activist Tells Supervalu To Sell Stores, Buy Back Shares

    Activist investor Blackwells Capital LLC blasted Supervalu Inc.’s share performance in a letter released Thursday, contending that the grocery company should consider restructuring its real estate holdings and direct retail grocery exposure, as well as share buybacks, to better “unlock value.”

  • October 26, 2017

    Costco, Fruit Cos. Not Liable For Hepatitis A Death, Jury Finds

    A California jury on Thursday found that Costco, frozen berry blend maker Townsend Farms and others are not responsible for an 89-year-old woman's death from hepatitis A, rejecting her children's request for $18 million because there wasn't enough evidence the woman actually ate the berry blend.

Expert Analysis

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • 9th Circ. Deems EPA Pesticide Action Sufficient, For Now

     Patrick Paul

    Pesticide Action Network North America and public interest groups like Earthjustice have expressed disappointment with the Ninth Circuit's recent decision in PANNA v. U.S. Environmental Protection Agency. Although it is conceivable the court might agree with the merits of PANNA’s claims, it nevertheless determined them to be premature, says Patrick Paul of Snell & Wilmer LLP.

  • Sorting Out Teamsters Acquittal In ‘Top Chef’ Case

    Michael Abcarian

    A federal jury recently acquitted four Teamsters on charges of criminally threatening the host of the popular cooking competition show “Top Chef." Michael Abcarian of Fisher Phillips examines how the dispute escalated into a criminal extortion prosecution and where the line is drawn between criminality and lawful conduct when union members threaten an employer who uses nonunion workers.

  • Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff

    Katie Gates Calderon

    Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • When Employer Rules Against Recording May Violate NLRA

     Matthew LaGarde

    When considering the impact of the recent decisions of the National Labor Relations Board and the Second Circuit in Whole Foods v. NLRB, it is important to remember that the National Labor Relations Act’s protections are not limited to the unionized workforce, say Matthew LaGarde and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.