Food & Beverage

  • April 28, 2017

    A Look Back At The FDA's 'Healthy' Journey

    Two years ago, the U.S. Food and Drug Administration scolded Kind LLC for using the term “healthy” on its snack bars, setting off a showdown between the company and agency that culminated in the FDA's decision to rethink its definition of the term.

  • April 28, 2017

    4th Circ. OKs RJ Reynolds' Win In $50M ERISA Suit

    The Fourth Circuit on Friday upheld tobacco giant RJ Reynolds’ win in an Employee Retirement Income Security Act class action over $50 million allegedly lost to retirement plan mismanagement following its 1999 spinoff from RJR Nabisco Inc., saying that a hypothetical and prudent plan manager would have done the same thing.

  • April 28, 2017

    Fla. Judge Won't Bar Sales Of Primo Shrimp In Contract Row

    A Florida federal judge Thursday denied Primo Broodstock Inc.'s request for an injunction barring a former shrimp farming facility partner from selling hybrid Primo shrimp, ruling that the genetic material in the shrimp is not confidential.

  • April 28, 2017

    Fresh & Easy Ch. 11 Plan, Disclosure Confirmed In Del.

    Shuttered, twice-bankrupt food chain Fresh & Easy secured a Delaware judge’s confirmation Thursday of its Chapter 11 windup plan, in a development largely made possible by an earlier settlement with a key private equity investor.

  • April 28, 2017

    Wine Co. Can't Clip Bourbon Co.'s TM Suit Except In Damages

    A California federal judge ruled Thursday there are triable issues of fact as to whether a wine producer infringed trademarks for Sazerac Co.’s Buffalo Trace bourbon but that the bourbon maker cannot recover monetary damages since it never provided any royalty calculations.

  • April 28, 2017

    Property Sale Proceeds Being Misused, Haggen Creditors Say

    Bankrupt grocery chain Haggen Holding LLC's unsecured creditors accused the chain Thursday in Delaware bankruptcy court of violating a court order by using proceeds from real estate sales to defend against the creditors’ adversary proceeding over its real estate dealings.

  • April 28, 2017

    Dr Pepper Says Consumers’ False Ad Claims Unsupported

    Dr Pepper Snapple Group Inc. urged a California federal judge Thursday to toss a putative class action brought by consumers accusing the beverage maker of falsely advertising that its Canada Dry ginger ale contains ginger, saying the consumers fail to support their claims.

  • April 28, 2017

    IP Provisions Emerge As Hurdle In EU-Japan Trade Talks

    The European Union reported Friday that its trade talks with Japan are progressing steadily, but that the two sides are having trouble bridging gaps in the intellectual property rights chapter, which often emerges as a late-stage hurdle in negotiations between major economies.

  • April 28, 2017

    Costco Fax Recipients Get Class Cert. In TCPA Suit

    A group of people and companies led by a law firm accusing Costco of sending unauthorized faxes in violation of the Telephone Consumer Protection Act can proceed on their claims as a class, after a Missouri federal judge Thursday found the issue to be common and the class members ascertainable.

  • April 28, 2017

    NYC Steakhouse Hit With Wage Suit For 'Blatantly Stealing'

    An iconic Manhattan steakhouse on Thursday got slapped in New York federal court with a proposed wage and overtime class action that accuses the restaurant of “blatantly stealing wages” from its wait staff.

  • April 27, 2017

    Agricultural Facility Co. Faulted For I-9 Violations

    A company that builds agricultural facilities neglected to properly finish I-9 forms for 82 workers, a judge with the U.S. Department of Justice’s Office of the Chief Administrative Hearing Officer ruled in a decision published Thursday, although he put off issuing a penalty amount.

  • April 27, 2017

    11th Circ. Affirms $60M Tax Deficiency In Magnate's Estate

    The Eleventh Circuit on Thursday affirmed tax deficiencies of nearly $60 million against the estate of a former Pepsi products distributor and his revocable trust, saying that a loan to pay the estate’s tax liability was not a necessary expense.

  • April 27, 2017

    Costco’s $2M Wage Suit Deal Isn’t Up To Snuff, Judge Says

    A California federal judge on Wednesday refused to greenlight a $2 million settlement between Costco and a proposed class of industrial drivers alleging they were denied proper overtime and break wages, saying the release language in the hybrid class and collective action needs more work.

  • April 27, 2017

    Rupari Gets Go-Ahead For $26M Ch. 11 Auction Plans

    A Delaware bankruptcy judge cleared Rupari Food Services Inc. on Thursday to go ahead with its plans to hold an auction, with a unit of competitor Carl Buddig and Co. putting in a $26 million floor bid after the debtor agreed to lower the stalking horse protections.

  • April 27, 2017

    Insurer Sues 2nd Insurer Over Spoiled Pizza Hut Brownies

    A casualty insurer has sued another insurer in New York federal court to recover a portion of $1 million it paid to cover a brownie baker’s product contamination losses after two incidents where Pizza Hut customers reported foreign objects in their food, saying the other insurer has paid nothing to date.

  • April 27, 2017

    Feds Tell Supreme Court Not To Review Parents' Vaccine Suit

    The U.S. government has urged the U.S. Supreme Court not to review a decision that denied compensation to the parents of a child who was allegedly permanently injured as the result of a vaccine, saying the rejection was proper and didn’t violate previous high court precedent.

  • April 27, 2017

    Co. Selling Adulterated Weight Loss Supplements, Buyers Say

    Dietary supplement maker IQ Formulations LLC used an unapproved ingredient in its weight loss supplements and then wrongly advertised its products as safe, in violation of Florida, New York and Illinois business laws, a potential class of customers alleged in Florida federal court Wednesday.

  • April 27, 2017

    FDA Nominee Clears Senate Panel Despite Dems' Criticism

    The Senate Committee on Health, Education, Labor and Pensions on Thursday advanced the nomination of Scott Gottlieb to lead the U.S. Food and Drug Administration, a vote that included modest support from Democrats despite criticism of Gottlieb’s close industry ties.

  • April 27, 2017

    Pakistani Restaurant Owner Admits To Immigration, Tax Fraud

    A Pakistani national who runs a chain of Boston-area restaurants pled guilty in Massachusetts federal court Wednesday to tax and insurance fraud at his 11 eateries, also admitting that he had committed visa and immigration fraud in an unlawful bid to remain in the United States.

  • April 27, 2017

    Restaurateur Gets 2 Years For Tax Fraud, Undocumented Staff

    A Northern California restaurant owner was sentenced to two years in prison Wednesday after pleading guilty to recruiting undocumented Thai immigrants to work for minimal wages and committing tax fraud by hiding more than $400,000 in foreign bank accounts, the Department of Justice announced.

Expert Analysis

  • Why Medical Marijuana Delivery May Soon Be Legal In LA

    Michael Rosenblum

    California has authorized licensed dispensaries to deliver medical marijuana to qualified patients, but allows municipalities to ban such deliveries. San Jose and other cities have recently lifted their delivery prohibitions. Los Angeles retains its ban, but a recently passed ballot measure and shifting public sentiment suggest that this may change in the coming months, says Michael Rosenblum of Thompson Coburn LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    When we think of a collusive agreement between competitors, we usually think of an act of directly fixing prices or output. But just sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Scott Gottlieb And The Future Of The FDA

    Kristi Wolff

    The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.