Food & Beverage

  • February 3, 2017

    9th Circ. Revives Bias Suit Over Store's Cake-Theft Firing

    A lower court erred in granting summary judgment to an Idaho Falls grocery store over its termination of a longtime employee and mother of seven who claims she was fired because of sex discrimination rather than the pretext of allowing an employee to nab a fresh cake from the bakery department, a Ninth Circuit panel said Friday.

  • February 3, 2017

    Nestle, Debt Collector Can't Escape Autodialed Call TCPA Suit

    Nestle Waters North America and a debt collection company must face allegations they violated the Telephone Consumer Protection Act by placing unauthorized and autodialed calls after a California federal judge concluded Thursday it was premature to dismiss the proposed class action.

  • February 3, 2017

    Restaurant Groups Urge Justices To Review Tip-Pooling Rule

    Restaurant trade groups have petitioned the U.S. Supreme Court to hear their appeal of a Ninth Circuit ruling upholding a U.S. Department of Labor rule regulating when so-called "tip pools" can be instituted by employers, eviscerating the circuit court's "cavalier approach" to interpreting statute.

  • February 3, 2017

    Atty Who Decried Depo's 'Female Energy' Faces Sanctions Bid

    A seemingly ordinary wage-and-hour dispute turned hostile during a deposition, according to a sanctions motion Thursday that accuses the plaintiffs’ attorney of calling a Reed Smith LLP partner names and saying he sensed a “female energy” in the room that was uncomfortable and felt like a conspiracy.

  • February 3, 2017

    Wiley Rein Adds Enviro & Safety, Product Reg Attys

    Wiley Rein LLP has announced the addition of two new attorneys to its environment and safety practice as well as its consumer product regulation practice, one of whom will join as a partner in the firm’s offices in Washington, D.C.

  • February 3, 2017

    Texas Roadhouse Age Bias Case Ends In Mistrial

    The government’s landmark age bias case against Texas Roadhouse ended in a mistrial Friday in Massachusetts federal court after a jury said three times that it could not come to a unanimous decision.

  • February 3, 2017

    McDonald's Extra Value Meals No Deal, Class Claims

    A putative class of Illinois McDonald’s customers is suing the company and one Chicago restaurant for falsely marketing their Extra Value Meals as discounted when the same meals are cheaper purchased a la carte.

  • February 3, 2017

    Consumers Hook $1.7M In Underfilled Tuna Can Suit

    Wild Planet Foods Inc. has agreed to pay $1.7 million to settle claims that it cheated grocery shoppers by selling underfilled cans of tuna in violation of state and federal consumer protection laws, according to a preliminary approval request filed in California federal court on Thursday.

  • February 2, 2017

    Coffee Chain Wants 'Profit' Star To Take $26M Loss

    Chicago-based coffee chain Bow & Truss LLC filed a $26 million lawsuit Wednesday against celebrity entrepreneur Marcus Lemonis and his restaurant company after Lemonis began publicly discussing backing out of a deal to purchase Bow Truss announced in December.

  • February 2, 2017

    Texas Jury Awards $14M In Baking Soda Sales Dispute

    A Texas state jury awarded distributor Bunnett & Co. nearly $14 million Thursday on claims that a baking soda manufacturer and its parent company breached a contract and interfered with Bunnett's business, but the panel also docked the distributor roughly $3.4 million for unjust enrichment.

  • February 2, 2017

    Fresh & Easy Ch. 11 Plan Includes $21.5M From PE Arm

    Former food and grocery chain Fresh & Easy LLC proposed a streamlined review for a newly filed, combined Chapter 11 disclosure and liquidation plan Thursday, with much of the proposal built around a $21.5 million settlement of creditor and company disputes.

  • February 2, 2017

    9th Circ. Revives Greens' Suit Over EPA Pesticide Approvals

    The Ninth Circuit on Thursday partially revived a lawsuit filed by green groups alleging that the U.S. Environmental Protection Agency violated the Endangered Species Act when it registered certain pesticide ingredients and products without first consulting with other agencies.

  • February 2, 2017

    Linklaters, Greenberg Guide $179M Polish Malls Deal

    Linklaters LLP represented Echo Polska Properties NV in connection with its €166.57 million ($179.30 million) purchase of four mall properties in Poland from Greenberg Traurig LLP-counseled Blackstone Group LP funds, according to a statement Thursday from the Polish real estate investment trust.

  • February 2, 2017

    Deals Rumor Mill: ChemChina, Nature's Bounty, Pfizer

    The European Commission is set to approve the $43 billion merger of ChemChina and Syngenta, multiple private equity firms are vying for herbal supplement maker Nature's Bounty, and Pfizer is looking to sell a group of drugs that combined could be worth more than $2 billion.

  • February 2, 2017

    Mondelez Asks Court To Ban Voluntary 7-Day Workweek

    Snack food giant Mondelez Global asked a federal court in Chicago on Wednesday to vacate an arbitration award allowing union members at its Chicago plant to voluntarily work seven consecutive days a week, claiming the arrangement violates state law.

  • February 2, 2017

    Mead Johnson Confirms $16.7B Bid From Reckitt Benckiser

    Mead Johnson Nutrition Co., which is behind brands such as infant formula Enfamil, confirmed late Wednesday that British consumer products maker Reckitt Benckiser Group PLC approached it with a roughly $16.7 billion takeover offer, after media reports about a potential deal began to swirl.

  • February 2, 2017

    Edible Arrangements Sued Over Text Message Ads

    Edible Arrangements may lure satisfied customers into repeat purchases with its fresh fruit bouquets, but the company has made it unreasonably restrictive for recipients of its text message advertising to revoke consent to be contacted, according to a putative class action filed in New Jersey federal court Wednesday.

  • February 2, 2017

    Chipotle Lied About Using GMO Foods, 11th Circ. Hears

    A woman leading a proposed class action against Chipotle Mexican Grill Inc. alleging that the fast food chain lied about using genetically modified ingredients asked the Eleventh Circuit on Tuesday to review the case, saying that the lower court didn’t properly evaluate consumer deception when dismissing it.

  • February 1, 2017

    Whole Foods, Kombucha Maker Get $8M Mislabeling Deal OK

    A California federal judge on Tuesday granted preliminary approval to an $8.25 million deal struck between consumers and GT's Kombucha and Whole Foods Market Inc. over mislabeling claims regarding the product's antioxidant, alcohol and sugar content.

  • February 1, 2017

    The 4 Wittiest Dissents By Gorsuch

    During his tenure on the Tenth Circuit, Judge Neil Gorsuch wrote more than 30 playful, witty dissents that both entertain the reader and give clear insight to his legal thinking. Here, Law360 looks at the best of the bunch and what they say about his thoughts on legislating from the bench, prepositional phrases and everything in between.

Expert Analysis

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • A Trademark Year In Wine And Beer 2016: Part 1


    Are you looking to avoid talking about politics at your annual seasonal gathering with friends and family? David Kluft of Foley Hoag LLP has you covered, with over 150 diversionary legal anecdotes about this year's biggest beer and wine trademark dispute cases.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • FTC And Courts Remain Real Serious About Fake News Ads

    Leonard L. Gordon

    The Federal Trade Commission has been trying to stop “fake news” advertising for some time and a Florida federal court recently affirmed those efforts with its decision in FTC v. NPB Advertising. The case provides a list of lessons on what not to do when advertising your products, says Leonard Gordon of Venable LLP.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Talking 'Bull': Episode 8, Too Perfect

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • New Form I-9 Means More Immigration-Related Change In 2017

    Christine A. Samsel

    U.S. Citizenship and Immigration Services' revised Form I-9 offers new features and imposes some different requirements. Some modifications enhance the form, while some may result in more technical violations, particularly for employers who continue to use paper versions of the form, say Christine Samsel and Hannah Caplan of Brownstein Hyatt Farber Schreck LLP.

  • Cannabis Industry Faces Budding Product Liability Issues

    Adam Detsky

    Smoking cannabis is not just a matter of rolling a joint or packing a bong anymore. Marijuana-related technology has evolved, and has resulted in multiple areas for the products liability legal community to watch. Battery-powered vaporizers, extremely potent edibles, and state and industry labeling and packaging requirements all present challenges to the legal cannabis industry, says Adam Detsky of Wilson Elser Moskowitz Edelman & Dicker LLP.