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Food & Beverage
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June 10, 2024
Pork Producers Look To Put A Fork In Price-Fixing Claims
Pork producers accused of colluding to diminish supply and inflate prices in sprawling multidistrict litigation have urged a Minnesota federal court to toss all remaining buyers' claims against them, saying statistical reports they use are lawful and their accusers' complaints are untimely.
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June 10, 2024
Fox Views NFL Sunday Ticket As 'Existential' Threat, Jury Told
A retired executive with Fox Sports testified Monday in a trial over multibillion-dollar antitrust claims brought against the NFL by Sunday Ticket subscribers that his network asked the league to agree to specific Sunday Ticket pricing because it viewed the DirecTV television package as an "existential" threat.
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June 10, 2024
Coca-Cola Beats False Ad Claims Of PFAS In Juice, For Now
Coca-Cola defeated, for now, a proposed false advertising class action alleging its line of Simply Tropical fruit juice contains "forever chemicals," when a New York federal judge said Monday the customer lacks standing because his complaint relies on a single allegation of testing without linking the test result to his purchase.
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June 10, 2024
Sen. Cassidy Releases Trade Facilitation Framework
Sen. Bill Cassidy, R-La., released a policy document Monday outlining priority areas for a forthcoming bill to update U.S. customs law, emphasizing streamlined procedures and technology updates to speed up processing at the border.
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June 10, 2024
Fat Brands Faces Investor Suit Over $47M Loan Scheme
Fat Brands and its executives face a proposed class action in California federal court alleging that they falsely claimed to be cooperating with governmental probes into their CEO's spending $47 million on company loans while skirting taxes, leading stock prices to plunge last month when criminal charges were announced.
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June 10, 2024
Fishermen Challenge Feds' Gulf Of Mexico Fishing Quotas
The owners of a family fishing business are fighting the National Marine Fisheries Service's 80% cut to fishing quotas for gag grouper fish in the Gulf of Mexico, claiming the agency doesn't have the ability to lawfully approve the new rule.
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June 10, 2024
Unclaimed Property Group Backs Disney At Mich. High Court
An unclaimed property holder trade organization urged the Michigan Supreme Court to affirm that the state waited too long to demand that Disney and a restaurant company remit unclaimed property, arguing that third-party auditors' lax oversight allowed examinations to languish beyond the statute of limitations.
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June 10, 2024
Ex-Sports Illustrated Publisher Countersues Owner In TM Row
The former publisher of Sports Illustrated has filed a countersuit alleging that the magazine's owner, Authentic Brands Group, made it impossible to run the magazine and then conspired to install a competitor as the new publisher.
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June 10, 2024
Victims Of Chiquita-Funded Paramilitaries Win $38M Award
The first bellwether trial in multidistrict litigation against Chiquita over its funding of right-wing paramilitaries in Colombia's banana-producing region ended with a victory Monday afternoon for nearly all the plaintiffs, as a Florida federal jury awarded them $38.3 million in damages for the losses of their loved ones killed by paramilitaries.
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June 10, 2024
Justices Skip Kroger's TM Feud With Grubhub Over Logo
The U.S. Supreme Court on Monday declined to review a Seventh Circuit finding that Grubhub Inc.'s fork-and-knife logo does not infringe a similar emblem used by Kroger's meal-kit delivery service Home Chef.
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June 07, 2024
NFL's Kraft Testifies 'Too Many' Sunday Ticket Sales Is Bad
A California federal jury considering multi-billion dollar antitrust claims against the NFL brought by Sunday Ticket subscribers saw video deposition testimony Friday from New England Patriots owner Robert Kraft, who said ensuring a high price for the television package is a league priority, and he would not want "too many" U.S. subscribers.
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June 07, 2024
Ill. Panel Revives Contribution Claim Over Tainted Cilantro
An Illinois state appellate panel has revived a bid by a distributor of contaminated cilantro to have wholesalers contribute to any liability in litigation over the tainted product, saying the distributor did not have to comply with pre-suit notice requirements that would otherwise have applied to the case.
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June 07, 2024
Texas Farmers Sue EPA For 'Forever Chemical' Contamination
Five Texas farmers have told a D.C. federal court that the U.S. Environmental Protection Agency should have done more to stop "forever chemicals" from contaminating their farmland, claiming that they've suffered medical problems from the exposure.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
Brewery Wants Extra Damages For Co-Owner's 'Brazen' Theft
A Colorado brewery accusing a former manager of embezzling hundreds of thousands of dollars has asked a state court for permission to seek exemplary damages, saying there's plenty of evidence the former manager willfully stole the money for himself and competing businesses he had a stake in.
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June 07, 2024
Pilgrim's Pride Largely Can't Pause Chicken Farmers' Suit
An Oklahoma federal judge largely refused Friday to pause a lawsuit accusing Pilgrim's Pride of conspiring with other chicken producers to suppress farmer compensation while Pilgrim's appeals certification of over 24,000 farmers, finding it does not matter if the $2.77 billion damages claim might pressure the company to settle.
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June 07, 2024
Minn. Jury Convicts 5 In Food Aid Fraud Trial Marred By Bribe
A Minnesota federal jury on Friday convicted five out of seven defendants on a litany of charges alleging they schemed to defraud a federal food aid program during the COVID-19 pandemic, days after one juror told of being offered a $120,000 bribe to vote for acquittal.
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June 07, 2024
Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit
In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.
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June 07, 2024
Justices Are Asked To Ax 9th Circ. Price Discrimination Test
A retail trade association is coming to 5-Hour Energy's defense, calling for the U.S. Supreme Court to take up the energy drink-maker's petition challenging a 2023 Ninth Circuit ruling that revived claims from a group of wholesalers alleging that the company engaged in illegal price-fixing advantaging Costco.
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June 07, 2024
SEC Fines Asian Food Supplier $3.9M Over Splurging Ex-CEO
The U.S. Securities and Exchange Commission has reached a $3.9 million settlement with HF Foods Group Inc. over claims that the food distributor issued false and misleading disclosures, just two days after the regulator settled with two HF Foods executives in a separate case over similar claims.
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June 07, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.
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June 06, 2024
NFL Sunday Ticket Is A Rigged Game, Antitrust Jury Told
An attorney for NFL Sunday Ticket subscribers told a California jury Thursday during opening statements of a multibillion-dollar antitrust suit that secret documents will prove the NFL engaged in anticompetitive behavior, and the trial would reveal the "darker side of the NFL behind the shield."
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June 06, 2024
Real Water Caused 'Devastating' Hospitalizations, Jury Told
A mother whose twin babies were hospitalized with acute liver failure after the family subscribed to water delivery service Real Water told a Nevada state jury Thursday that the experience was "devastating."
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June 06, 2024
FTC Says Kroger Hasn't Turned Over Promised Documents
The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."
Expert Analysis
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.