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Food & Beverage
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March 13, 2024
DOL Slacks On Enforcing Farm Labor Protections, Groups Say
A group of farmworkers unions and nonprofits that advocate for farmworkers' interests have sued the U.S. Department of Labor in Washington, D.C., federal court, saying the agency hasn't been complying with a 1980 regulation designed to improve its enforcement of farmworkers' legal protections.
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March 13, 2024
Fla. Restaurateur Says Seller Broke $7.3M Colo. Home Deal
A Miami restaurateur is suing an Aspen family trust for allegedly pulling out of a deal for him to buy a $7.3 million property in the Colorado mountain town, claiming they had no right to terminate the deal over their failure to obtain a demolition permit.
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March 13, 2024
FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.
An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.
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March 13, 2024
Ex-CFO Raided Corporate Funds, Trulieve Suit Claims
Florida's largest medical marijuana company, Trulieve, is suing its former chief financial officer in federal court, claiming he misused his corporate credit card, charging "hundreds of thousands of dollars" for expensive clothing, vacations and attorney fees and fraudulently received reimbursement for personal expenses.
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March 13, 2024
Ex-TopGolf Worker Claims Unfair Firing Over Wage Complaint
A former food service worker for an Alabama TopGolf facility was fired after a manager cursed at and threatened to physically assault her for using profanity in complaining about earning subminimum wages, according to a suit filed in federal court.
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March 13, 2024
Walmart Loses Bid To Reduce Ga. $300K Slip-And-Fall Verdict
A Georgia Court of Appeals panel has rejected Walmart's attempt to cut three-quarters of a $300,000 award to a customer who was seriously injured after slipping in one of its stores, ruling new information that surfaced during litigation overrode a federal order limiting damage recovery in the case.
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March 12, 2024
Quaker Hit With False Ad Suit Over Pesticide In Oat Products
The Quaker Oats Co. faces a proposed class action in Illinois federal court alleging it markets its oat-based foods as being safe, healthy and nutritious while touting its commitment to high quality standards, despite omitting the risk of a toxic chemical pesticide in its products.
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March 12, 2024
NY Jury Rules Some Claims About Prevagen Are Misleading
A New York federal jury said some statements made by Quincy Bioscience about its memory booster Prevagen were misleading to consumers but found that most statements about the supplement were made on solid grounds.
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March 12, 2024
Tire Cos. Seek Exit From Salmon-Harming Chemical Suit
A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.
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March 12, 2024
InBev's Modelo Tells 2nd Circ. Hard Seltzer Isn't Beer
Anheuser-Busch InBev SA's Grupo Modelo on Tuesday asked the Second Circuit to set aside a jury's finding that its trademarks weren't infringed by rival Constellation Brands when it sold hard seltzer under the Corona brand, saying badly instructed jurors were wrong in finding that it's beer, pursuant to a contract between the two companies.
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March 12, 2024
Reps Push Regulators For Answers On Marijuana Research
A bipartisan pair of congress members on opposite sides of the cannabis legalization issue joined forces on Tuesday to blast federal agencies for not effectively implementing a bill whose stated purpose was to expedite research into marijuana's potential harms and benefits.
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March 12, 2024
Customers Drop PFAS Claims Against Conn. Water Co.
A trio of consumers who accused a Connecticut water company of overcharging them and providing water containing toxic "forever chemicals" withdrew their proposed class action from state court after the company argued it did not get to set its own price rates to begin with.
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March 11, 2024
Judge Tells Atty 'Not My Job To Go Research' Baby Food
A California federal judge on Monday appeared open to granting Plum Organics summary judgment on allegations the baby-food-maker failed to disclose potential toxins in its baby food products, doubting that the consumers have supported their claims with admissible evidence and telling counsel, "It's not my job to go research."
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March 11, 2024
Ill. Pizzeria, Md. Pizza Chain Get Partial Wins In 'Ledo' TM Row
Family-owned Illinois pizzeria Ledo's Inc. and Maryland-based Ledo Pizza chain scored partial victories in a four-year-old trademark fight after a federal judge issued an order that partially granted both sides' summary judgment bids over the eateries' use of the name "Ledo" for their respective businesses.
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March 11, 2024
Feds Urge 9th Circ. To Uphold GMO Food Labeling Rule
The federal government and sugar industry groups urged the Ninth Circuit to reject food advocacy groups' attempt to upend a Trump-era organic food labeling rule, saying a California federal judge got it right when he rejected the groups' claims and largely left the rule intact.
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March 11, 2024
Ga. Restaurant Owes Workers $373K In Tips, Unpaid Wages
A Georgia judge on Monday ordered a Japanese restaurant located in Peachtree City and its owner to pay more than $373,000 to workers who accused the restaurant and its owner of stealing tips, failing to pay minimum wage and firing workers who opposed those practices.
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March 11, 2024
FDA Seeks $7.2B For Fiscal Year 2025
The U.S. Food and Drug Administration on Monday said that it is requesting $7.2 billion as part of the Biden administration's proposed budget, an increase of nearly $500 million from fiscal year 2023's funding, with $15 million aimed at protecting food safety and nutrition.
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March 11, 2024
Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling
A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.
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March 11, 2024
Shoppers' Kroger, Albertsons Suit Shelved Pending FTC Case
A California federal judge pumped the brakes Monday on a private lawsuit challenging Kroger's $24.6 billion bid for Albertsons, preferring to wait on the outcome of a Federal Trade Commission lawsuit against the deal newly filed in Oregon federal court.
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March 11, 2024
US Appeals Corporate Transparency Act Ruling To 11th Circ.
The U.S. Department of the Treasury is moving quickly to appeal an Alabama federal judge's ruling that the Corporate Transparency Act is unconstitutional, filing a notice of appeal to the Eleventh Circuit on Monday.
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March 11, 2024
Tech, Retail Industries Say No To Patent Eligibility Reforms
A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation."
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March 11, 2024
CBD Co. Says Investors' Fraudulent Intent Claims Fall Short
Canopy Growth Corp. is urging a New York federal court to throw out claims that it misled investors about the prospects of a sports nutrition subsidiary, saying the proposed class action fails to establish a motive for the alleged fraud or that the cannabis company was aware that any statements it made were false.
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March 11, 2024
Burford, Sysco Can't Swap In Price-Fixing Suits, Court Told
A magistrate judge was right to point to the underlying facts and public policy when denying an attempt to substitute a Burford Capital affiliate for Sysco in sprawling price-fixing lawsuits against pork and beef producers, the beef producers told a Minnesota federal court.
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March 08, 2024
Mich. Court Can't Shush Library Whistleblower, Panel Says
A Michigan appeals court has revived a former library director's whistleblower suit alleging she was fired for questioning whether the library could use public funds to pay for a board member's godson to open a restaurant on the premises, saying she reported ongoing conduct which is considered protected activity.
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March 08, 2024
La. Judge Won't Halt Clean Water Rule Favoring States, Tribes
A Louisiana federal judge has rejected red states' and industry groups' effort to block the U.S. Environmental Protection Agency's new clean water rule that broadens states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.
Expert Analysis
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Ch. 12 Ruling Is A Helpful Addition To Interest Rate Case Law
In its recent In re: Topp ruling, the Eighth Circuit addressed the question of which rate of interest debtors should pay under a bankruptcy plan, showing that the choice of interest rate plan is a factual issue subject to appellate review for clear error, and not a legal issue subject to de novo review, says Donald Swanson at Koley Jessen.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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Section 363 Ruling Lines Up With Avoidance Action Precedent
While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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UN Climate Summit: What To Watch For In Dubai
The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.
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Opinion
Proving Causation Is Key To Fairness And Justice
Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.
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Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea
Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.
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Navigating PFAS Compliance With FDA, Emerging State Laws
As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.