Food & Beverage

  • June 23, 2017

    Stalking Horse Fight Heats Up In Joe's Crab Shack Ch. 11

    The bankrupt parent company of Joe's Crab Shack traded barbs Friday with hospitality giant Landry's Inc. over the debtors’ choice to stick with a $50 million stalking horse bid from another competitor instead of accepting a $55 million offer from Landry’s ahead of a proposed Chapter 11 auction.

  • June 23, 2017

    Sanderson Poultry Hit With Suit On '100% Natural' Claim

    Chicken producer Sanderson Farms falsely advertises its chicken products as “100% natural” and misleads consumers about how the animals are raised by concealing the presence of antibiotics and other drugs in its chickens, three nonprofits alleged Thursday in California federal court. 

  • June 23, 2017

    8th Circ. Asked To Rethink Overdue Insurance Claim Suit

    A Minnesota-based food wholesaler urged the full Eighth Circuit on Friday to rethink its ruling that it waited too long to file an insurance claim to cover a former salesperson's suit over $250,000 in allegedly unpaid commissions.

  • June 23, 2017

    8 Companies Perk Up IPO Pipeline With Deals Surpassing $1B

    Eight companies hope to raise more than $1 billion through initial public offerings that will employ the work of 11 law firms during the final week of June, led by meal kit delivery startup and so-called unicorn Blue Apron Inc., potentially closing the second quarter with a bang.

  • June 23, 2017

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

    The last week has seen Bank of India sue a unit of a troubled Mumbai diamond house, another suit from a private equity firm against BayernLB amid bribery claims over the sale of Formula One and a pension claim from confectionary giant Mondelez. Here, Law360 looks at those and other new claims in the U.K.

  • June 23, 2017

    US Olive Producers Demand Duties On Spanish Competitors

    A consortium of domestic olive producers launched a bid to slap tariffs on imports from Spain on Thursday, alleging the products have been sold at artificially low prices in the U.S. and granted unfair government subsidies to gain an upper hand in the market.

  • June 23, 2017

    Deals Rumor Mill: Shell, Eddie Bauer, Walmart

    A number of suitors are vying for $1 billion worth of New Zealand energy assets owned by Royal Dutch Shell, private equity-backed Eddie Bauer is mulling a sale, and Walmart is not likely to make a competing offer for Whole Foods despite rumors otherwise.

  • June 23, 2017

    Taxation With Representation: Sullivan, Vinson, Mayer

    In this week’s Taxation With Representation, EQT Corp. buys Rice Energy for $6.7 billion, European telecommunications giant Altice prices the second largest U.S. IPO of 2017, and alcohol maker Diageo plans to pay as much as $1 billion to acquire U.S. tequila brand Casamigos.

  • June 23, 2017

    Chipotle Urges 11th Circ. To Toss Customer’s GMO Suit

    Chipotle Mexican Grill Inc. on Thursday told the Eleventh Circuit that a Florida woman wrongly claimed it had lied about using genetically modified ingredients in its food, saying that it has been transparent about its sourcing of ingredients and was the first national restaurant company to voluntarily disclose its GMO ingredients.

  • June 23, 2017

    Flavor Co. Makes $56M Settlement In Trade Secrets Suit

    New York-based International Flavors & Fragrances Inc. on Friday agreed to pay flavor company ZoomEssence Inc. $56 million to settle claims in New Jersey federal court that it stole ZoomEssence’s technology for converting liquid flavors to powders and then called the technology its own.

  • June 23, 2017

    US Slams Door On Brazilian Beef Imports

    The U.S. Department of Agriculture has put an immediate halt on imports of fresh beef from Brazil following an extensive review in the wake of a corruption scandal that raised questions about the South American country’s food safety protocols, the agency said late Thursday.

  • June 23, 2017

    Farmers Awarded $218M In 1st Syngenta GMO Corn Trial

    A Kansas federal jury awarded corn producers $218 million Friday in the first trial in multidistrict litigation over agricultural giant Syngenta’s alleged role in China’s rejection of U.S. corn shipments.

  • June 22, 2017

    NJ Gas Stations Can't Dodge Developers' Competition Suit

    A New Jersey federal judge on Thursday trimmed a suit brought by two developers but found they could continue to pursue their claims that a group of gas station companies were attempting to monopolize a local market and blocking their projects, including gasoline pumps, a Wawa convenience store, a Chick-fil-A and a bank.

  • June 22, 2017

    Ground Beef Cos. Say ABC Report Put End To 'Pink Slime' Use

    Representatives from several of the country’s largest ground beef makers testified for a South Dakota jury Thursday that they had to stop using Beef Products Inc.’s beef trimmings product because of the public outcry caused by ABC reporting calling it “pink slime.”

  • June 22, 2017

    Brewer Tells 2nd Circ. It Had 'Rogue' Marks Before Clothier

    Rogue Ale brewer Oregon Brewing Co. on Thursday asked the Second Circuit to reverse a lower court ruling in a trademark fight with apparel maker Excelled Sheepskin & Leather Coat Corp. over the disputed “Rogue” mark, saying a district court wrongly blocked the beermaker from selling its clothing in department stores.

  • June 22, 2017

    Vineyard's $6M Wage Deal Nears OK With Cut Attys' Fees

    A California magistrate judge has recommended approving Giumarra Vineyards Corp.’s $6.1 million deal that would resolve a class action claiming the vineyard didn’t provide field workers with meal breaks or reimburse them for tools, but recommended reducing the requested attorneys’ fees from $2.15 million to $1.5 million.

  • June 22, 2017

    Synutra Investors Demand Appraisal Of $125M Go-Private Deal

    A trio of Synutra shareholders slapped the Chinese baby formula company with a suit in Delaware Chancery Court Thursday, urging the court to appraise their shares in the company at the time of its private sale to its largest shareholder and force it to pay them appropriately.

  • June 22, 2017

    Cupcake Sushi Co. Sues Rival Over Dessert Patents

    The founder of a “unique confectionary dessert cake,” Cupcake Sushi, sued her rival, Sushi Sweets, in California federal court on Wednesday, claiming it infringed her patented creation after a pastry chef ran off with her recipes and other trade secrets and opened a new business behind her back.

  • June 22, 2017

    Judge Orders New Seafood Origin Rule Following Challenge

    A D.C. federal judge on Thursday declined to halt a regulation requiring importers to trace the origin of seafood brought into the United States and instead told the federal government to release a new version of the rule to address claims that the initial rulemaking didn't follow proper procedure.

  • June 22, 2017

    Goya Insurer Slaps Spice Co. With NJ Suit Over Food Recall

    An insurer for Goya Foods Inc. has sued a spice company in New Jersey state court for allegedly providing one of the food giant’s suppliers with cumin contaminated with peanut protein, which ultimately led to food products being recalled and $2.6 million in damage.

Expert Analysis

  • 9th Circ. Raises The Bar On Misprision Of A Felony

    Andrew Goldsmith

    Just two days before the appointment of special counsel Robert Mueller, the Ninth Circuit added a new element to one of the potential crimes within his jurisdiction. In U.S. v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony. No other court has considered such a requirement in the 227 years since the crime was codified, says Andrew Goldsmith of Kellogg Han... (continued)

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • June Begins With A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • What To Know About New NYC 'Fair Workweek' Laws

    Aaron Warshaw

    Under local legislation set to be become effective in November, retail and fast food establishments in New York City may soon face costly and confusing pay and scheduling requirements. However, several factors could impact ultimate implementation of the laws, say Aaron Warshaw and Nicole Welch of Ogletree Deakins Nash Smoak & Stewart PC.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • What Lenders Must Know About The FSMA: Part 2

    Breia Schleuss

    In the concluding part of this primer on the Food Safety Modernization Act, Breia Schleuss and Rachael Dettmann Spiegel of Faegre Baker Daniels LLP discuss the FSMA’s intentional adulteration rule, foreign supplier verification program and produce safety rule, and how they may affect secured lenders.

  • 10 Problems To Avoid In Social Media Influencer Marketing

    Neal Tabachnick

    Most social media influencers are young and successful, a combination that can create great opportunity for your company, as well as major pitfalls. Some contract provisions can help keep things on track, says Neal Tabachnick of Wolf Rifkin Shapiro Schulman & Rabkin LLP.

  • What Lenders Must Know About The FSMA: Part 1

    Breia Schleuss

    In the first part of this two-part series offering practical advice for lenders looking to understand the Food Safety Modernization Act, Breia Schleuss and Rachael Dettmann Spiegel of Faegre Baker Daniels LLP analyze the components addressing preventive controls for human and animal food and sanitary transportation.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.