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Food & Beverage
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November 26, 2025
8th Circ. Finds No Grounds For Folgers Deceptive Label Class
The Eighth Circuit struck down a lower court's order certifying a class of Folgers coffee drinkers allegedly deceived by serving size instructions, saying that many consumers either weren't fooled or simply liked weaker coffee.
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November 26, 2025
Johnny Cash's Estate Sues Coca-Cola Over Soundalike Ad
The estate of Johnny Cash has sued Coca-Cola in Tennessee federal court, accusing the soda giant of using a soundalike singer to pirate the legendary musician's "distinctive bass-baritone" voice in a television commercial without consent, in violation of the federal Lanham Act and a new Tennessee publicity rights law.
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November 26, 2025
11th Circ. Says State Farm Doesn't Owe $1M For Shooting
The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.
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November 26, 2025
Foley & Lardner Hit With Malpractice Suit Over Chancery Loss
Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.
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November 25, 2025
John Deere Rival Can't Appeal Info Safeguards In FTC Case
A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.
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November 25, 2025
DoorDash Gets Ameranth's Menu Patent Axed By Alice
A Delaware federal judge has dismissed a case brought by Ameranth Inc. against DoorDash Inc. claiming infringement of its online-ordering patent, saying it merely describes an abstract idea that is not eligible for a patent.
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November 25, 2025
9th Circ. Offers Mixed Ruling On Jack In The Box Wage Claims
A trial must address whether Jack in the Box willfully deducted too much from workers' wages, the Ninth Circuit ruled on Tuesday, flipping workers' win on claims the fast-food company over-deducted their wages while reviving their claims over deductions for nonslip shoes.
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November 25, 2025
DOJ Fights Bid To Nix Agri Stats Antitrust Case Ahead Of Trial
The U.S. Department of Justice told a Minnesota federal court that Agri Stats has been helping chicken, pork and turkey producers exchange sensitive information for decades, as government enforcers opposed the company's bid to end their information-sharing case ahead of trial.
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November 25, 2025
Bojangles Franchisee Ends Coverage Battle With Final Insurer
The largest franchisee of chicken and biscuit restaurant Bojangles has dropped its claims against the last of three insurers it sued for coverage of an underlying suit over an employee's alleged rape by a co-worker, according to a court filing Tuesday.
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November 25, 2025
US, Mexico And Canada Environmental Panel To Meet
The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday.
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November 25, 2025
NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights
The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction.
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November 25, 2025
Asda's Mutant Mandarins Breached IP Rights, French Co. Says
Supermarket chain Asda infringed on the rights to a protected type of mandarin orange by selling a variety derived through irradiation, the French owner of the rights said at the start of a trial in London on Tuesday
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November 24, 2025
Pa. Panel Upholds Trustee's Conviction Over Drained Account
A Pennsylvania appellate panel upheld a business owner's conviction and sentence for draining his grandparents' investment account to support his floundering seafood company, finding Monday that he never got the needed approvals from his father and uncle.
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November 24, 2025
Ex-McDonald's Executive Takes Race Bias Suit To 7th Circ.
A Black former security executive for McDonald's is appealing the fast food giant's win over his lawsuit claiming he was fired for confronting the company's CEO about racial disparities, he told an Illinois federal court Monday.
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November 24, 2025
Conn. Law Firm Sued Over $7.5M Truck Crash Judgment
A Connecticut food distributor is suing Harlow Adams & Friedman PC in state court over a $7.5 million judgment from a personal injury lawsuit, saying the law firm miscalculated the suit's value, didn't keep its client informed and missed deadlines at the trial and the appellate levels.
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November 24, 2025
Tax Court Upholds Nix Of $1.9M Deduction Post-Chevron
A Texas couple cannot claim a $1.9 million tax break for farming, the U.S. Tax Court affirmed Monday, saying a U.S. Supreme Court ruling overturning long-standing deference to federal agencies did not invalidate regulations at issue in the case.
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November 24, 2025
Beyond Meat Hit With $38.9M Verdict In Ad Slogan TM Suit
A Massachusetts federal jury hit Beyond Meat Inc. with a $38.9 million verdict Monday, finding the meat-alternative food maker's use of the slogan "Great Taste, Plant-Based" in joint Dunkin' Donuts ads willfully infringes a trademark registered by rival Vegadelphia Foods, according to counsel.
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November 24, 2025
Union Tells 1st Circ. Visa Ban Threatens Harvard's Talent Pool
The UAW filed an amicus brief in the First Circuit in support of Harvard University's fight to continue enrolling foreign students, warning that President Donald Trump's moves to limit visas are chasing away talented students.
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November 24, 2025
Judge Rules $25K Payout Covers NJ Eatery's $1M Theft Claim
A New Jersey federal judge Monday shot down a New Jersey restaurant's bid for a larger insurance payment to cover a former bookkeeper's $1.1 million embezzlement, finding the insurer had satisfied its obligations with a $25,000 payment.
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November 24, 2025
Israeli Co. Can't Expand Contract Breach Suit Over $25M Deal
An Israeli smart packaging company can't enlarge a North Carolina Business Court contract breach suit, a judge ruled Monday, saying the amendment would "wholly transform" the case and prejudice defendant Sealed Air Corp.
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November 24, 2025
UFW Says H-2A Wage Rule Hurts American Workers
The U.S. Department of Labor rolled out an illegal rule related to the wage rate for H-2A agricultural workers that will push American farmworkers out of work, the United Farm Workers union told a California federal court.
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November 24, 2025
8th Circ. Won't Force Judge's Recusal In Pork Price-Fixing Case
The Eighth Circuit has denied a mandamus petition from Agri Stats Inc. and major pork producers who are seeking a Minnesota federal judge's recusal in price-fixing litigation based on a law clerk's previous work on a related case.
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November 21, 2025
DoorDash Hit With Suit Over Breach Of Customer, Dasher Data
Delivery service DoorDash failed to delete old data and take other necessary steps to protect the personal information of customers, dashers and merchants that was exposed in a recent security breach, according to a proposed class action filed in California federal court.
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November 21, 2025
IP Notebook: Kahwa Mix-Up, WallStreetBets, Hotel California
This round of Law360's look at emerging copyright and trademark issues includes a Federal Circuit case over an obscure tea drink and a nod to the Eagles' "Hotel California" in a precedential decision that is a primer on having an actual intent to use a trademark.
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November 21, 2025
Union Pacific Loses Bid To Keep Fatal Crash Case Federal
Union Pacific Railroad must face in Oregon state court a lawsuit over a crash allegedly caused by an unkept crossing that killed three people, a federal judge ruled, saying the plaintiffs have adequately made claims against an Oregon-based defendant, justifying state court jurisdiction.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.