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Food & Beverage

  • October 19, 2018

    Fed. Circ. Has Undercut Estoppel In Patent Suits, Justices Told

    A poultry chiller maker has told the U.S. Supreme Court that the Federal Circuit’s decision to let a patent infringement suit against the company proceed will make it more difficult for companies to protect themselves under the estoppel doctrine after being misled about whether patent owners intend to enforce their rights.

  • October 19, 2018

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

    The last week has seen Allianz sue Maersk, a Barclays request to transfer part of its banking business and another filing between two sides fighting over payouts from a £200 million RBS rights holders settlement. Here, Law360 looks at those and other new claims in the U.K.

  • October 19, 2018

    Pa. State Senator Pushes Bill To Limit Plastic Straw Use

    A Pennsylvania state senator on Friday announced legislation to curb the environmental impact of plastic consumption by seeking to ban plastic straws at eateries and retailers, a move that comes after a Commonwealth city adopted a similar ordinance earlier this week.

  • October 19, 2018

    Deals Rumor Mill: Swiss Re, CPPIB, Nestle

    Swiss Re discussed investing in Anbang Insurance Group Co., the Canada Pension Plan Investment Board is getting ready to bid for a stake in Gatwick Airport, and Nestle has tapped advisers related to a potential deal to sell its skincare business.

  • October 19, 2018

    Blackstone Real Estate Arm Buys Hawaiian Ritz-Carlton Hotel

    The Ritz-Carlton Kapalua, a luxury oceanfront hotel on a 49-acre property in Maui, Hawaii, has sold for an undisclosed price to Blackstone Real Estate Partners, according to joint venture partners Ares Management LLC, SMW Hospitality LLC and Trinity Real Estate Investments LLC.

  • October 19, 2018

    Europe Gets All-Clear To Settle Beef Hormone Fight With US

    The European Commission on Friday received permission from Europe's individual member states to negotiate with the U.S. in a bid to resolve a long-running trade dispute over shipments of U.S. beef treated with hormones.

  • October 19, 2018

    Ex-Bush Ethicist Slams McDonald's Over NLRB Recusal Reply

    A former Bush administration chief ethics attorney, who has urged two National Labor Relations Board members to step away from a closely watched joint employer case involving McDonald's because of their ties to Littler Mendelson PC and Morgan Lewis & Bockius LLP, said the burger giant's counsel was out of line when it attacked his credibility last week.

  • October 19, 2018

    Philly Atty Says Neighboring Starbucks Flooded His File Room

    A Philadelphia attorney sued his landlord and Starbucks Corp. in state court Thursday over a 2016 flood — allegedly caused by a pipe clogged with coffee grounds from a neighboring coffee shop — that destroyed archived client files kept in the lawyer’s basement storage room.

  • October 19, 2018

    WTO Battle Over Trump's Metal Tariffs Set To Intensify

    A number of World Trade Organization cases spurred by the Trump administration’s national security-based duties on steel and aluminum will move toward a more contentious stage at an Oct. 29 meeting of the WTO’s dispute wing, according to a meeting agenda circulated Friday morning.

  • October 18, 2018

    Toxic Pet Food Not Fit For Dogs, Proposed Class Action Says

    A dog owner hit Champion Petfoods with a proposed class action in New York federal court alleging its Acana and Orijen pet foods contain heavy metals known to pose health risks to humans and animals, even though the foods are advertised as fit for humans.

  • October 18, 2018

    Vitamin Distributor Can't Dodge $9M Default: Ill. High Court

    An Illinois man doesn't have to prove a Chinese vitamin manufacturer folded or went bankrupt before he can go after a U.S. distributor to enforce a $9 million default judgment, the Illinois Supreme Court held Thursday.

  • October 18, 2018

    Glassdoor Gets Beer Vendor's Bad Review Suit Dismissed

    A Massachusetts federal judge has dismissed a beer vendor's suit against Glassdoor Inc. alleging the website was liable for "trolling" reviews against one of its employees, ruling that Glassdoor is protected by federal law because it didn't create the reviews.

  • October 18, 2018

    Necco Trustee Says Director Suit Should Stay In Fed. Court

    The Chapter 11 trustee of bankrupt candy maker New England Confectionery Co. Inc. told a Massachusetts federal judge Thursday that his suit accusing the debtor’s directors and officers of prepetition breaches of fiduciary duty shouldn’t be moved to bankruptcy court because it isn’t a core proceeding to the Chapter 11 case.

  • October 18, 2018

    Burger King Workers Invoke Adam Smith In No-Poach Row

    Employees at Burger King slapped the fast food chain with a proposed class action over its intra-franchise no-poaching agreements in Florida federal court Thursday, invoking free-market founding philosopher Adam Smith's warning of more than two centuries ago that employers will do whatever it takes to keep wages down.

  • October 18, 2018

    StarKist To Plead Guilty In Scheme To Fix Tuna Prices

    StarKist Co. has agreed to plead guilty to a one-count felony charge for its role in a conspiracy to fix prices of canned tuna, the U.S. Department of Justice said Thursday, the same day the information was filed in California federal court.

  • October 18, 2018

    Citibank IDs Garnished Accounts In Wine Co. Investor Row

    Citibank has told a Florida federal judge that a controlling shareholder in a Chilean wine company ordered to pay a $28.7 million arbitration award to a Delaware investor for breaching a stock repurchase agreement has about $96,600 in cash across several accounts subject to garnishment, plus shares in a handful of companies.

  • October 18, 2018

    Hotel Restaurant Class Wins Cert. In Illegal Surcharge Suit

    A California federal judge has granted class certification in a suit against Noble House Hotels and Resorts Ltd. over claims it imposed an illegal 3.5 percent surcharge on customer bills at three Hilton hotel restaurants it managed in San Diego, ruling that a sufficient number of consumers had established a common claim.

  • October 18, 2018

    Landry's Can't Revive Defamation Suit Over Tiger Welfare

    Restaurant group Landry's Inc. and its Houston Aquarium restaurant lost a bid to revive their defamation lawsuit against the Animal Legal Defense Fund, which has alleged tigers held at the restaurant are mistreated, when a Texas appellate court upheld a trial court's dismissal of the suit on Thursday.

  • October 17, 2018

    McDonald's Jointly Employed Calif. Workers, 9th Circ. Told

    A proposed class of McDonald’s workers suing the restaurant’s California franchises over wage-and-hour violations told a Ninth Circuit panel Wednesday that a lower court judge erred by killing their claims against the corporation, arguing that the fast food giant was their joint employer because it exercised control over its franchisees.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Fit For Fido? The Rise Of 'Natural' Pet Food Claims

    Steven Hwang

    As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

  • Pros And Cons Of California’s New Corporate Blockchain Law

    Sara O’Connell

    A new California law will allow privately held companies to use blockchain technology for stock issuance and other corporate records. However, corporations should be cautious about moving into this relatively uncharted territory, say Sara O’Connell and Riaz Karamali of Pillsbury Winthrop Shaw Pittman LLP.

  • 9th Circ. Decision Poses Employer Tip Credit Challenges

    Margaret Grover

    The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s may significantly impair the ability of companies in the hospitality industry to pay a reduced wage to tipped employees. As a result, employers will need to be cautious when applying a tip credit toward minimum wages, says Margaret Grover of Wendel Rosen Black & Dean LLP.

  • 9 FAQs About De Minimis Doctrine After Troester V. Starbucks

    Daniel Fears

    In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • EEOC's Costco Case Sheds Light On Title VII Liability

     Laura Bacon

    The Seventh Circuit recently affirmed a finding of employer liability under Title VII for a hostile work environment caused by a retail customer. The decision in U.S. Equal Employment Opportunity Commission v. Costco Wholesale is important for employers with customer-facing operations, but its reach extends further, say Laura Bacon and Brittany Bogaerts of Nixon Peabody LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Why Tofurky Has A Beef With Missouri's Meat Labeling Law

    James Lawrence

    Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.