Food & Beverage

  • April 4, 2017

    Deals Rumor Mill: Panera, Staples, Abengoa

    JAB Holding is in advanced discussions to buy Panera Bread, Staples is in talks to be taken private, and Spanish renewable energy giant Abengoa is looking to sell its remaining stake in a British energy company that owns a power plant in Mexico.

  • April 4, 2017

    Chili's Grill & Bar Dodges NJ Wage Class Action

    A New Jersey federal judge on Monday freed Chili's Grill & Bar operator Quality Dining Inc. from a proposed wage-and-hour class action brought by a former New Jersey Chili's employee, ruling that the arbitration agreement in the employee’s contracts do not violate the National Labor Relations Act.

  • April 4, 2017

    Pet Food Makers Look To Escape Prescription Antitrust Case

    Mars, Nestle, PetSmart and others accused of fixing the prices of prescription pet food, after playing up their alleged health benefits, asked a California federal judge to dismiss the antitrust charges against them on Monday, arguing they are just following the law.

  • April 3, 2017

    Splenda Owner Says Applebees, IHOP Knockoffs Dilute Mark

    The operators of Applebee’s and International House of Pancakes are violating trademark law by deceiving customers into thinking that yellow packet sweeteners at their restaurants are American-made Splenda when in fact they’re an inferior foreign knockoff, according to a lawsuit filed Monday in Indiana federal court.

  • April 3, 2017

    Walters Called 'Babe Ruth Of Risk' By Former Broker

    After the prosecution rested Monday in its insider trading case against prominent sports gambler Billy Walters, a New York federal jury was told by Walter’s former stockbroker that the gambler was an “exceptional client” whom he once referred to as the “Babe Ruth of risk.”

  • April 3, 2017

    Nevada Can't Stop Agencies' Sage-Grouse Habitat Plan

    A Nevada federal judge ruled Friday that the federal government can proceed with plans to preserve habitat for the greater sage-grouse, ruling against the state and industry on their bid to vacate the plans, but ordering a supplemental environmental impact statement that includes public input from two counties.

  • April 3, 2017

    Justices' EEOC Subpoena Ruling Ups Ante At Trial Court

    The U.S. Supreme Court's ruling Monday that decisions to enforce or quash U.S. Equal Employment Opportunity Commission subpoenas can't be evaluated from square one on appeal makes it less likely that such rulings will be challenged, attorneys say, upping the stakes in district court battles over the agency's information requests.

  • April 3, 2017

    Dow Wants Review Of $455M Weed Control Patent Loss

    Dow AgroSciences LLC asked the full Federal Circuit on Friday to review a decision upholding a $455 million arbitration award to Bayer CropScience NV in a dispute over weed control patents, arguing that the award flouted public policy.

  • April 3, 2017

    ConAgra Beats Consumers' Crunch 'N Munch Trans Fat Action

    A California federal judge on Friday tossed a putative class action against ConAgra alleging its Crunch ’n Munch popcorn violates California’s unfair competition law by containing artificial trans fat, ruling the claims are preempted by federal law.

  • April 3, 2017

    DOJ OKs $12.5B Danone Deal With Divestitures

    The U.S. Department of Justice filed a settlement proposal in federal court Monday over Danone SA’s $12.5 billion purchase of organic food company WhiteWave Foods Co., asking the court to approve the DOJ’s requirement that the French yogurt company divest its Stonyfield Farms unit in order for Danone to proceed with the acquisition.

  • April 3, 2017

    Restaurant Co. Sues Ruth’s Chris For $25M Over Water Bill

    A now-shuttered New York restaurant company slapped Ruth’s Chris Steakhouse with a $25 million lawsuit in state court Friday, alleging that the national chain and its agents had charged the company such “absurd” amounts of money for chilled water and air conditioning that it couldn’t survive.

  • April 3, 2017

    ASBCA Halts Another Iraq Supply Dispute For Criminal Case

    The Armed Services Board of Contract Appeals has paused another dispute lodged by a Kuwaiti logistics company against the Defense Logistics Agency under a massive Iraq War food supply deal, citing in a decision released Monday a related criminal fraud case that has informed similar board rulings.

  • April 3, 2017

    Magic Johnson Food Co. Wants To Depose Drexel's President

    A partnership between basketball legend Earvin “Magic” Johnson and food service company Sodexo urged a Pennsylvania federal judge Friday to force the president of Drexel University to submit to a deposition in a dispute over a contract the vendor claims it was fraudulently induced into signing with the school.

  • April 3, 2017

    Consumers Win Cert. On Scotts Tainted Bird Seed Claims

    A California federal judge granted class certification to consumers suing Scotts Miracle-Gro Co. and its chief executive officer over an alleged scheme to sell pesticide-laced bird seed Friday, rejecting a bid by the company and its leader to suspend ruling on certification until higher courts rule in other cases.

  • April 3, 2017

    Bumble Bee Wins Calif. Bench Trial Over Fishy Labels

    A California judge has granted Bumble Bee Foods LLC a win in a bench trial over claims it misled consumers about the health benefits of its tuna products by labeling them as an "excellent source" of omega-3 fatty acids and by using the American Heart Association logo without disclosing it had paid the organization.

  • April 3, 2017

    Coca-Cola Scores Quick Win In Ex-Worker's Data Breach Suit

    The Coca-Cola Co. nabbed a quick win Friday in an ex-employee’s proposed class action accusing it of exposing him and other staff members to identity theft after a number of laptops were stolen, with a Pennsylvania federal judge finding that the company had no contractual obligation to secure his personal information.

  • April 3, 2017

    Families Attack Chiquita Defenses In Colombia Torture Suit

    Relatives of people allegedly tortured and killed by a Colombian paramilitary group urged a Florida court on Friday to toss Chiquita Brands International Inc.'s defenses that it paid off the terrorist group under duress and that the payments were made by its former Colombian subsidiary and not the parent firm.

  • April 3, 2017

    South Africa Watchdog Says Cos. Restricted Potato Seed Use

    South Africa’s competition watchdog on Monday brought charges against a Dutch potato seed breeder and its South African grower, saying the pair refused to allow other entities access to a new seed variety after the expiration of a 20-year right to exclusivity.

  • April 3, 2017

    Deals Rumor Mill: Panera Bread, Psagot, Grab

    Panera Bread has been approached by a potential buyer and may be for sale, Apax Partners intends to take Psagot public next year in an IPO that could value the Israeli investment firm at $1 billion and Singapore-based ride-hailing company Grab has agreed to buy Indonesian online payments company Kudo.

  • April 3, 2017

    Bakery Distributors Can't Unionize With Teamsters

    Distributors of Bimbo Foods Bakeries Distribution LLC products such as Sara Lee desserts and Arnold bread can’t unionize with the Teamsters because their near-full control over their daily operations makes them independent contractors, a National Labor Relations Board regional director ruled on Friday.

Expert Analysis

  • Key Takeaways From FTC Merger Remedy Study

    Michael B. Bernstein

    Last week, the Federal Trade Commission released its first study on merger remedies in over 16 years. While the FTC views its overall approach as working well, the study also suggested that changes should be made and identified a number of best practices that FTC staff recommends, some of which are new, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Much More Than East Texas Is At Stake In TC Heartland

    Steven Pollinger

    The U.S. Supreme Court’s grant of certiorari in TC Heartland has received a considerable amount of press regarding the potential impact on the Eastern District of Texas's ability to retain patent infringement litigation. But commentators have neglected to address how the overruling of VE Holding would, in many cases, prohibit patent holders throughout the country from filing suit in their home districts, say Steven Pollinger and Yu... (continued)

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Trends To Watch In DOJ Cartel Investigations This Year

    Lauren E. Briggerman

    For the first time in almost a decade, the U.S. Department of Justice's Antitrust Division does not appear to have a significant, multijurisdictional investigation to occupy its time and resources. As a result, the Antitrust Division’s focus in 2017 likely will be on smaller, domestic investigations, says Lauren Briggerman of Miller & Chevalier Chtd.

  • What TC Heartland Could Mean For Venue In ANDA Cases

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    If the U.S. Supreme Court agrees with TC Heartland, then courts will have to determine where the “act of infringement” occurs in abbreviated new drug application cases, where the accused product is not yet marketed or sold, says Wanda French-Brown of BakerHostetler.

  • Ohio: A New Hot Spot For Pricing Litigation

    Stephanie Sheridan

    California may grab the spotlight, but Ohio should not be overlooked as a high-risk area for pricing litigation. Recent cases filed in the Buckeye State against Visionworks, Michaels, Jos. A. Bank, Hobby Lobby, My Pillow and other retailers showcase Ohio's emergence as a popular venue for challenges to a wide variety of pricing practices, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • Texas Roadhouse Age Bias Trial Shows Relevance Of ADEA

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    Discrimination class actions seldom go to trial, let alone pattern-or-practice hiring cases like the recent case U.S. Equal Employment Opportunity Commission v. Texas Roadhouse. The lawsuit's testimony gives us a rare, close-up look at the possible areas of disconnect between formal corporate equal employment opportunity policies and the actual, on-the-ground realities, say Paul Mollica and Jahan Sagafi of Outten & Golden LLP.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.