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Food & Beverage

  • August 17, 2018

    NLRB Dems Fight Post-Epic Review Of Wage Suit Ruling

    Republican members of the National Labor Relations Board have wiped out an April ruling that a Texas restaurant group illegally fired a worker who brought a wage suit against it, drawing objections from the board’s Democrats.

  • August 17, 2018

    McDonald's Moves Hiring Credit-Check Suit To Federal Court

    McDonald’s Corp. on Friday removed to Florida federal court a putative class suit accusing the fast food company of burying background check notices it issued to new hires in extraneous paperwork in violation of the Fair Credit Reporting Act.

  • August 17, 2018

    Egg Producers Cite 3rd Circ. Ruling In Scramble To Exit MDL

    Several egg producers asked a Pennsylvania federal judge Friday to toss a decade-old egg product price-fixing lawsuit against them, arguing that a recent Third Circuit ruling meant that only direct purchasers could sue the farmers in the multidistrict litigation.

  • August 17, 2018

    Walmart Can't Crunch Buyer's 'All Natural' Pita Chips Suit

    An Illinois federal judge Thursday kept the bulk of a proposed class action alleging that Walmart brand pita chips are falsely labeled as “all natural,” but said it’s too early to determine whether the consumer bringing the suit can represent a nationwide class.

  • August 17, 2018

    Arby's Must Extend Info Search In Data Breach Dispute

    A Georgia federal judge ordered Arby’s on Thursday to expand its electronic information search in litigation brought by financial institutions and consumers over a data breach, one day after agreeing to pause the patrons’ part of the dispute to give them time to finalize a settlement that has been agreed to in principle.

  • August 17, 2018

    NJ Appeals Court Won’t Revive Grocery Sales Tax Challenge

    The Appellate Division of the New Jersey Superior Court largely upheld a trial court decision Friday rejecting a class action that accused two grocery stores of illegally charging higher sales tax than permitted under state law.

  • August 17, 2018

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

    The last week has seen Gatwick Airport sue an insolvent construction firm and two insurers for professional negligence, Deutsche Bank lodge a claim against India's Canara Bank and a Markel unit file a contract dispute against German animal insurance specialist Hippo.

  • August 17, 2018

    General Mills Didn't Warn Of Weedkiller In Cheerios, Suit Says

    General Mills Inc. has been hit with a putative national class action in Florida federal court brought by a South Florida woman who says the company had a duty to consumers to disclose the presence of a possibly carcinogenic chemical weedkiller in Cheerios cereal products, but did not.

  • August 17, 2018

    Brand Battles: Hershey, Unilever, 'Game of Thrones,' NFL

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Hershey and Unilever try to break the "Ice," HBO tries to burn an application for a mythical dragon word from "Game of Thrones," and the NFL's New Orleans Saints defend the city's area code.

  • August 17, 2018

    Deals Rumor Mill: Mafengwo, Marfrig, LafargeHolcim

    Mafengwo wants to raise as much as $300 million in new funding, Marfrig inked a deal to sell Keystone Foods to Tyson Foods Inc. for $2.5 billion and LafargeHolcim Ltd. has earned the interest of Asian powerhouses for its Indonesian unit.

  • August 17, 2018

    DC Circ. Revives Shepherds' Challenge To H-2A Practices

     The D.C. Circuit partly revived a suit Friday brought by a group of livestock herders challenging the government’s practice of issuing temporary visas for longer-term labor.

  • August 17, 2018

    Cava Mediterranean Chain Buys Zoe's Kitchen For $300M

    Cava Group Inc. has acquired Zoe’s Kitchen Inc. for approximately $300 million including debt, in a deal that combines the privately held Mediterranean-style chain's 66 locations with the struggling fast-casual eatery group’s 261 for a total of 327 restaurants in 24 states, the companies said Friday.

  • August 17, 2018

    600 Lb Gorillas Gets $725K Of $3.9M Sought In Dessert Spat

    Novelty dessert company 600 lb Gorillas was awarded a fraction of the $3.9 million it sought in a breach of contract suit over allegedly subpar ice cream, getting only $725,000 from a Massachusetts federal jury on Friday, while its supplier Mister Cookie Face was handed the full $270,000 it wanted for a counterclaim over being stuck with unused ice cream sandwiches.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    TKK Symphony Prices $220M IPO To Pursue China Deal

    TKK Symphony Acquisition Corp., a blank-check company advised by Ellenoff Grossman & Schole LLP, said Thursday it raised $220 million in an initial public offering to help fund the intended acquisition of a Chinese consumer products business.

  • August 16, 2018

    Food Service Workers Get Limited Cert. In Pay Suit

    A New Jersey federal judge on Thursday rejected most of a former Flik International Corp. worker’s request for conditional certification of a collective class of employees who purportedly weren’t paid for all the hours they worked, but held that he made the required showing when it came to workers at the Bayer cafeteria in Whippany.

  • August 16, 2018

    NJ College Aims To Toss Suit Over No-Bid Vending Contract

    Kean University urged a New Jersey state court Thursday to toss a lawsuit from its former longtime vending machine provider over claims the public college unlawfully awarded a no-bid contract to a rival company as part of a kickback scheme, saying the school properly received a waiver from a public bidding requirement.

  • August 16, 2018

    Where Vegetables End And Sauces Begin: A Customs Story

    The U.S. Court of International Trade ruled Thursday that olive tapenade and artichoke antipasto are most properly classified as sauces rather than preserved vegetables, a distinction that allows them to be imported duty-free under the North American Free Trade Agreement.

  • August 16, 2018

    USDA Must Face Tribe Member's Contract Suit: Fed. Circ.

    A Federal Circuit panel on Thursday revived a Sioux tribe member’s suit alleging the U.S. Department of Agriculture breached a settlement agreement it reached with Native American farmers over its farm loan program, saying the terms of the settlement don't prevent additional suits from being filed in court.

  • August 16, 2018

    Dean Foods Says Ex-Chair, Gambler Owe $9.7M For Fraud

    Dean Foods Co. has asked a Texas state court to compel former chairman Thomas Davis and prominent gambler Walter “Billy” Walters to cough up over $9.7 million in costs it incurred from the pair’s insider trading scheme.

Expert Analysis

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.