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Food & Beverage
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March 21, 2024
Chicago Restaurant Biz Sanctioned For Missing Discovery
A Cook County judge on Wednesday sanctioned the former management group behind celebrated Chicago eatery Maple & Ash and two associated entities for discovery violations, ordering them to pay attorney fees and costs spent seeking their compliance to information requests and warning that escalating penalties could be imposed if violations continue.
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March 21, 2024
Manhattan Pizzeria Owner Indicted On Wage Theft Charges
The owner and a manager of a well-known Manhattan pizzeria were indicted in New York state court Thursday on charges of stealing more than $30,000 in wages from seven employees.
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March 21, 2024
Kroger's 'Smoked Gouda' Is Indeed Wood-Smoked, Judge Says
Kroger Co. has defeated a proposed class action alleging deceptive labeling on its "smoked gouda," as an Illinois federal judge granted summary judgment Wednesday in an order referencing a declaration from the source company's president that the cheese goes through a wood-smoking process.
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March 21, 2024
FTC Says Retailers Used Pandemic To Boost Profits, Power
The Federal Trade Commission said Thursday that some grocery retailers appear to have used their market power to avoid supply disruptions during the COVID-19 pandemic and that grocery prices remain high because companies used rising costs as an opportunity to boost profits.
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March 21, 2024
Feds, Green Groups Say Campbell's Is Polluting Lake Erie
The United States and two environmental groups brought separate complaints on the same day accusing a Campbell's subsidiary of violating the Clean Water Act by polluting Lake Erie and the Maumee River with wastewater from its northwestern Ohio canning facility.
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March 20, 2024
Calif. Firm Takes On AI, Dating Apps And 'Dopamine Culture'
A Valentine’s Day class action against dating platform MatchGroup was just the latest in a series of ambitious fights the Malibu-based boutique Clarkson Law Firm PC has picked with Big Tech and beyond, hoping to more broadly protect consumers from addictive and harmful business practices.
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March 20, 2024
Hemp Co. Wins Bid To Reverse 'Irrational' UK Gov't CBD Ban
A hemp company has won its bid in a London court for permission to challenge the U.K. government's decision to ban imports of its cannabis-derived products based on a trace of a controlled chemical.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Biden Admin Bashes Senate Push To Ban Paraguayan Beef
The White House came out Tuesday against a bipartisan Senate resolution that would override a rule allowing imports of fresh beef from Paraguay to resume, saying such a move would undermine U.S. credibility abroad.
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March 19, 2024
McDonald's Franchisee's Ch. 11 Plan Approved With Deal
A Pittsburgh McDonald's franchisee received court approval Tuesday for its Chapter 11 plan after also getting the nod on a $4.35 million settlement with a former employee who was sexually assaulted as a minor by her manager at one of the debtor's restaurants.
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March 19, 2024
Fishery Says DOL Stonewalling Discovery In H-2A Probe
The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.
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March 19, 2024
Wash. Hydro Co. Says Dam Removal Plan Follows Court Order
A Washington hydroelectric company insists it is not disobeying a court order to remove part of a temporary rock dam that harms migrating fish, telling a federal judge that a tribe's alternative is not structurally sound and cannot be permitted.
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March 19, 2024
Gerber Says Vitamin C Not Used As Preservative In Baby Food
Gerber has said consumers who bought its baby food snack products with "no preservatives" labels got exactly what they bargained for, food with no ingredients that function as preservatives, asking a New York federal judge to toss a false-ad suit.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 19, 2024
Trade Court Says US Demand For Garlic Bond Came Too Late
The U.S. Court of International Trade backed an insurance company's contention that the U.S. government waited eight years too long to demand payments for Chinese garlic imports the company covered, saying the government was contractually obligated to make a demand sooner.
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March 19, 2024
Kellogg Arbitration Pact Is Invalid, 6th Circ. Told In 401(k) Fight
A former Kellogg Co. employee urged the Sixth Circuit to reinstate his lawsuit accusing the company of up-charging retirement plan participants with excessive fees, saying the case was wrongly booted to arbitration without his consent.
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March 19, 2024
Uber, Progressive Unit Settle NC Widower's Coverage Fight
The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.
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March 19, 2024
Fishers Angle For Justices' Attention With New Monument Suit
Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.
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March 19, 2024
Chicago Club Files Defamation Suit Over Viral TikTok Video
A Chicago nightclub and restaurant has filed a defamation lawsuit in Illinois against a woman who posted a viral video on TikTok claiming its staff physically assaulted her, alleging her false accusation has cost it business and harmed its reputation.
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March 19, 2024
Consumers Rip Nestle's Latest Early Win Bid In False-Ad Suit
A proposed class of bottled water drinkers have torn into Nestle Waters North America Inc.'s third attempt to shut down their claims that the company's Poland Spring brand water is deceptively marketed because it is not actually spring water, arguing Nestle's early win bid "strains or ignores a mountain of evidence."
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March 19, 2024
Unilever To Spin Off Ice Cream Biz, Including Ben & Jerry's
European consumer goods giant Unilever on Tuesday unveiled plans to separate its ice cream business, which includes Ben & Jerry's, as part of an effort to simplify and "streamline" its operations.
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March 19, 2024
IFF Selling Pharma Unit To French Co. Roquette In $2.85B Deal
IFF, a maker of ingredients and additives for food, health and home-based products, said Tuesday it has agreed to sell its Pharma Solutions business to French plant-based ingredient maker Roquette at an enterprise value of up to $2.85 billion.
Expert Analysis
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3rd Circ. Ruling Fine-Tunes The 'But It's Hemp' Defense
The Third Circuit’s recent U.S. v. Rivera decision, upholding the appellant’s conviction for marijuana possession, clarifies that defendants charged with trafficking marijuana have the burden of proving that the cannabis is actually federally legal hemp under the 2018 Farm Bill, say attorneys at McGlinchey Stafford.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Chatbot Lawsuits Push Calif. Courts To Rethink Wiretap Law
Recent rulings alleging that website owners illegally eavesdrop on chatbot conversations show that courts are struggling to define the scope of California's wiretap law, and that plaintiffs are learning about the level of detail needed to plead that a chatbot is a third-party eavesdropper, say attorneys at Crowell & Moring.
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2 High Court Cases Could Upend Administrative Law Bedrock
Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips
The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.
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Merger Proposals Reflect Agency Leaders' Antitrust Principles
Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.
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New 'Waters' Rule May Speed Projects, Spawn More Litigation
The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Challenging Standing In Antitrust Classes: The Uninjured
In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.
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What Big Tobacco's Cannabis Investments Mean For Market
The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Why Agricultural End Effectors Are Ripe For IP Protection
The field of agricultural robotics, particularly end effectors, has taken off in recent years, making it essential that intellectual property practitioners stay current on the key innovations and trends in the space, as the increase in patent filings will likely lead to an increase in IP litigation, say attorneys at MoFo.