Food & Beverage

  • July 10, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.S. Securities and Exchange Commission seek disclosure against a tech entrepreneur, a Bank of America Merrill Lynch employee target his employer in a new round of litigation, and business consulting giant Turner & Townsend sue in connection with the U.K.'s major rail project. Here, Law360 looks at those and other new claims in the U.K.

  • July 09, 2020

    Champion Petfoods Wins Toss Of False Ad Suit

    A Wisconsin federal judge on Wednesday dismissed a proposed class action claiming Champion Petfoods deceptively marketed its products, saying that it would be "extraordinary" to hold the company accountable for trace amounts of bisphenol A in its dog food.

  • July 09, 2020

    Tyson, JBS Accused Of Putting Minority Workers At Virus Risk

    Tyson Foods, JBS USA and their subsidiaries have taken millions of dollars in federal contracts while rolling out a COVID-19 response that puts Black, Latino and Asian meat processing workers at greater risk than white managers, according to a complaint filed with the U.S. Department of Agriculture.

  • July 09, 2020

    Military Food Supplier Escapes Rival's Whistleblower FCA Suit

    A Virginia federal judge has tossed a food supplier's whistleblower False Claims Act suit alleging its main rival overcharged the U.S. military by $933 million on an Afghanistan supply deal, ruling it hadn't plausibly alleged any false claims.

  • July 09, 2020

    Judge OKs Poultry Co., Buyers' $3M Deal In Price-Fix Suit

    An Illinois federal judge gave his preliminary approval to a $2.95 million settlement on Thursday between poultry producer Amick Farms LLC and a group of indirect buyers as part of multidistrict litigation over an alleged price-fixing conspiracy for chicken.

  • July 09, 2020

    Texas Bars Fight Gov.'s Shutdown Order During Virus Surge

    Eight bar businesses suing Texas Gov. Greg Abbott in state court over his recent decision to shut down standalone bars during the COVID-19 pandemic have appealed a judge's ruling that denies their bid for a temporary restraining order, saying the governor's action is unconstitutional.

  • July 09, 2020

    Sugar Group Pushes FDA To Regulate Alternative Sweeteners

    A sugar trade association is asking the U.S. Food and Drug Administration to impose stricter labeling rules on products that use non-sugar sweeteners, saying companies have been misleading consumers into thinking their products are healthier because they contain less sugar, but they may have as many or more calories thanks to the alternatives.

  • July 09, 2020

    Deals Rumor Mill: Ant Financial, Washington Football, CVC

    The fintech unit of Alibaba may seek a $200 billion valuation in its IPO, three minority owners of the NFL’s Washington team are mulling a sale of their stakes, and CVC has secured €21.3 billion for its latest fund. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • July 09, 2020

    Coronavirus Q&A: Kelley Kronenberg's Litigation Leader

    In this edition of Coronavirus Q&A, one of Kelley Kronenberg's litigation leaders discusses what may happen to real estate owners as 90-day forbearance periods on mortgage payments expire and says an uptick in bankruptcies is likely.

  • July 09, 2020

    DavidsTea Seeks Ch. 15 To Phase Out Brick And Mortar Stores

    Tea retailer DavidsTea has filed a Chapter 15 petition in Delaware bankruptcy court in an effort to speed its transition away from brick-and-mortar stores and focus on its online and wholesale business.

  • July 08, 2020

    Trade Court Tosses Unripe Challenge To 2019 Tomato Duties

    Mexican tomato growers can't get relief from antidumping duties after the U.S. Court of International Trade said they haven't had to pay them in the first place under an agreement that temporarily bars the duties.

  • July 08, 2020

    Wis. Judge Clears Middleby Unit In Suit Over 'Patent Troll' Law

    A Middleby Corp. food equipment unit was let off the hook in a case involving Wisconsin state law targeting "patent trolls" when a Wisconsin judge ruled that a rival's patent allegations were preempted by federal law.

  • July 08, 2020

    Sur La Table Hits Ch. 11 With Plans For Sale

    Kitchenware retailer Sur La Table filed for Chapter 11 protection in New Jersey bankruptcy court Wednesday as the business faces more than $100 million in liabilities and plans to complete a restructuring and going-concern sale, noting that many of its stores have reopened following COVID-19-related closures.

  • July 08, 2020

    Calif. Farm Dismissed From $77M Tribal Hemp Seizure Suit

    A California federal judge has dismissed a farm from a tribal-owned company's suit against officials for San Joaquin County over their decision to seize $77 million worth of hemp crops, saying the farm did not establish standing in the case.

  • July 08, 2020

    2nd Circ. Says Barilla's Disclaimer No Good For Fill-Line Deal

    The Second Circuit on Wednesday ruled that a New York federal judge erred in approving a deal in which Barilla agreed to put a "fill-line" and disclaimer on its packaging to end allegations it deceptively underfilled its boxes, finding that the disclaimers do nothing for past pasta purchasers.

  • July 08, 2020

    9th Circ. Says Yellowstone Grizzlies Can't Be Isolated, Delisted

    The Ninth Circuit upheld endangered species protections for Yellowstone-area grizzly bears on Wednesday, ruling the U.S. Fish and Wildlife Service improperly attempted to isolate and delist the population.

  • July 08, 2020

    Monster Energy, Tool Co. Claw Each Other In 9th Circ. TM Row

    Monster Energy Co. asked the Ninth Circuit on Wednesday for a new damages trial after it received no actual damages for an automotive tool's infringement of its green-and-black "monster" mark.

  • July 08, 2020

    Calif. Judge Kills Fees On Landfill's Out-Of-Area Waste

    A California state judge has struck down several fees imposed on a landfill owner estimated to be worth hundreds of millions, deciding Los Angeles County officials either didn't justify the fees or imposed fees that improperly discriminated against waste from outside the area.

  • July 08, 2020

    Top Bankruptcy Cases Of 2020: Midyear Report

    So far in 2020, the number of corporate bankruptcy filings has spiked significantly compared to the same period last year, as unprecedented economic headwinds have generated a liquidity crisis for many struggling companies in a trend that may continue for the rest of the year and into 2021, according to bankruptcy professionals.

  • July 08, 2020

    Food Lion Defends Suit Over Dairy Co-Op's Dean Foods Deal

    Food Lion LLC has urged a North Carolina federal court not to toss its suit targeting the acquisition of three processing facilities by Dairy Farmers of America from bankrupt milk producer Dean Foods, arguing that the antitrust laws are supposed to be forward-looking.

  • July 08, 2020

    Egg Buyers Ask 3rd Circ. To Rehear Price-Fixing Appeal

    Egg buyers have urged the Third Circuit to reconsider its precedential opinion not to revive their antitrust case against a major producer that allegedly conspired to reduce the supply of eggs, telling the appeals court that its decision went against "a century of precedent."

  • July 08, 2020

    PF Chang's Servers Win Cert. In Suit Over Untipped Wages

    P.F. Chang's servers who claimed they were shortchanged wages for untipped tasks won conditional certification of their collective action Wednesday as a Pennsylvania federal judge found they met the burden of making a "modest factual showing" that the restaurant's policy hurt their paychecks.

  • July 08, 2020

    Workers' Comp Can't Sink Virus Death Suit, Court Told

    The family of a Philadelphia-area meatpacking plant worker who died of COVID-19 has urged a judge not to ditch their federal wrongful death suit, saying statements from the government and the plant itself contradict claims that the suit is barred by workers' compensation laws.

  • July 08, 2020

    Real Estate Rumors: GEMS, Edith Stevenson, Chicago Church

    GEMS World Academy is reportedly hoping to sell and lease back two Chicago properties, an entity affiliated with investor Edith Stevenson has reportedly sold a Florida cafe for $12.5 million, and a former Chicago church is said to be back on the market for $2.4 million following two failed attempts to convert the property to residential use.

  • July 08, 2020

    GAO Says Virus Lockdown Can't Excuse Sysco Filing Failure

    The U.S. Government Accountability Office refused to revisit its decision to dismiss Sysco's protest over an $86.1 million Defense Logistics Agency food supply deal, saying an attorney's COVID-19-related lockdown didn't excuse his failure to meet a filing deadline.

Expert Analysis

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • CARES Act Bankruptcy Litigation Raises Chevron Questions

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    While most bankruptcy courts have deferred, under the Chevron doctrine, to the Small Business Administration's decision to exclude bankrupt borrowers from the Paycheck Protection Program, the agency's rules appear to be shortsighted and misguided, says attorney Richard Corbi.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • Key Antitrust Considerations For Upcoming Bankruptcy Sales

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    There is likely to be a pandemic-related increase in acquisitions of companies or assets out of bankruptcy, and it is important to recognize that it is not atypical for the antitrust authorities to investigate and even challenge these transactions, say attorneys at Arnold & Porter.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • COVID-19 Orders Unlikely To Constitute Temporary Takings

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    Although public agencies have issued a broad range of orders intended to slow the spread of COVID-19, they are likely safe from temporary takings claims due to the high hurdles for such claims and the expanded police powers granted to governments during public health emergencies, say Gene Tanaka and Emily Chaidez at Best Best.

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Indirect Purchaser Antitrust Standing Heads In New Direction

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    The applicability of the U.S. Supreme Court's 1983 Associated General Contractors indirect purchaser price-fixing decision to antitrust standing under state law continues to evolve, with some decisions that may portend diminished application, say Chris Micheletti and James Dugan at Zelle.

  • How Force Majeure Provisions Are Being Tested In New York

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    The Southern District of New York's recent rulings in E2W v. KidZania and Latino v. Clay, together with prior precedent, are illustrative of New York state and federal courts' attitude toward force majeure and whether such provisions might excuse contract performance during the pandemic, say Stephanie Denker and Christie McGuinness at Saul Ewing.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

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