Food & Beverage

  • November 23, 2020

    Demoulas Strikes $17.5M Deal In 'Abysmal' 401(k) Plan Suit

    DeMoulas Super Markets Inc. agreed to cough up $17.5 million to end a proposed class action accusing the Massachusetts-based grocery chain of giving thousands of workers just one "abysmal" choice for investing their retirement savings.

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    High Court Won't Hear Walmart's Texas Liquor Law Challenge

    The U.S. Supreme Court on Monday refused to hear Walmart's case against Texas' distilled spirits regulator over a state law that the retail behemoth maintains is unconstitutional because it effectively blocks out-of-state retailers from competing with the state's own liquor stores.

  • November 23, 2020

    DC Circ. Mulls Gov't Power In Rancher Fight Over Tribal Water

    The D.C. Circuit is set to decide if a group of Oregon ranchers can challenge the U.S. Bureau of Indian Affairs' enforcement of tribal water rights in their area, and the case may come down to whether the panel is convinced that the government must co-sign tribal calls for enforcement.

  • November 23, 2020

    NY Eatery Provided Weinstein 'Hunting Grounds,' Server Says

    The owner of an exclusive Manhattan restaurant allowed his friend Harvey Weinstein to use the eatery as his "hunting grounds" to sexually harass women, according to a lawsuit filed Friday in New York federal court by one of the restaurant's former cocktail waitresses, who says she was regularly accosted by both men.

  • November 23, 2020

    Romania Faces Sanctions In $356M Arbitral Award Fight

    A D.C. federal judge has given Romania 14 days to comply with discovery or get hit with contempt sanctions starting at $25,000 per week in a dispute over a $356 million arbitral award won by Swedish investors.

  • November 23, 2020

    Nationwide Prevails In Church's Fried Chicken Virus Suit

    An Arizona federal judge has freed a Nationwide Mutual Insurance Co. unit from having to provide COVID-19-related coverage to 15 Church's Fried Chicken restaurants in a proposed class action, finding that the policy's virus exclusion clearly bars coverage.

  • November 23, 2020

    EPA Looks To Dodge Chesapeake Bay Pollution Suits

    The U.S. Environmental Protection Agency is arguing states don't have standing to sue it for failing to enforce provisions of a pollution reduction agreement for the Chesapeake Bay Watershed because the relevant provisions are more road maps than hard rules.

  • November 23, 2020

    Sierra Club Says Calif. Dam Hasn't Gotten Proper Review

    The Sierra Club and other environmental groups asked a California state court to block a new dam project that will provide water for agriculture that the coalition says was justified by an environmental review that suffered from a host of deficiencies.

  • November 20, 2020

    Ralphs Can't Combine Seating Suits, Calif. Panel Says

    A California state appeals court has reversed a trial court's decision linking two lawsuits accusing the Kroger subsidiary Ralphs of not providing workers with seating, finding that cases implicating different job titles, time periods and claims can be litigated separately.

  • November 20, 2020

    Bees Can't Be Protected As Fish Under Calif. Law

    California can't protect bees under the state Endangered Species Act's definition of a fish any more than it can squeeze a round peg into a square hole, a state court judge has ruled.

  • November 20, 2020

    NLRB Official Says Coffee Shop's 'Leads' Can Vote For Union

    A National Labor Relations Board regional director said a bargaining unit at a Wisconsin coffee shop can include two workers who serve as "leads" in the kitchen and the coffee bar, rejecting the employer's claims that the two have supervisory duties that bar them from voting on union representation.

  • November 20, 2020

    Emergency Hunts Due To COVID-19 Can Continue In Alaska

    The state of Alaska cannot block emergency hunts for moose and deer granted to a tribal community to address food shortages stemming from COVID-19 restrictions, an Alaska federal judge has ruled.

  • November 20, 2020

    Conagra Says Buyer Is Playing 'Games' With Label Suit

    Conagra Brands Inc. on Friday slammed a bid by a buyer to amend her proposed class action alleging the company's cooking oils are not "pure and 100% natural" as advertised, saying the motion is "gamesmanship" and comes too late to save her claims.

  • November 20, 2020

    Brand Battles: LeBron Dunks On Carnival Over 'King James'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, basketball star LeBron James wants to block a "King James" application filed by cruise company Carnival — plus three other cases you need to know.

  • November 20, 2020

    Cos. Turn Over Security Contracts In NYPD Off-Duty Pay Fight

    Five companies have given a New York federal judge agreements they signed with the New York City Police Department as part of a security program for off-duty officers, a precursor to their coming request to escape a proposed class and collective action from officers alleging they were not properly paid for their work.

  • November 20, 2020

    11th Circ. Won't Put Publix Trucker's Bias Suit Back In Gear

    An Eleventh Circuit panel spiked a racial bias lawsuit from a former trucker against grocery chain Publix, saying Friday that he was fired not because he is Black but because he caused a workplace accident and was dishonest about it.

  • November 20, 2020

    Justices Asked To Save No-Poach Suits From Arbitration

    Domino's workers say virtually all employee contract disputes will end up being sent to arbitration if the U.S. Supreme Court doesn't step in and topple the "house of cards" built by the nation's federal circuit courts on the subject.

  • November 20, 2020

    Pa. Judge Defends Coordinating Erie Insurance Virus Suits

    A Pennsylvania state court judge defended her order coordinating all current and future cases over Erie Insurance's coverage denials for pandemic-related business losses, writing in an opinion Friday that her court could easily weigh common issues via videoconference.

  • November 20, 2020

    Wawa Used Virus To Dodge $7.2M Lease In NJ, Landlord Says

    Wawa used the COVID-19 pandemic as an excuse to delay rent payments and ultimately break a $7.2 million lease on a proposed location in Ocean County, New Jersey, a landlord claimed Thursday in federal court.

  • November 20, 2020

    Real Estate Rumors: Hana Financial, Nunez, Giant Food

    Hana Financial Investment is reportedly seeking to offload two New York construction loans worth a combined $173 million, investor Raul Nunez is said to have sold a Florida mobile home park for $15 million and a Giant Food unit has reportedly sold a Maryland redevelopment site for $5.15 million.

  • November 20, 2020

    Philly Restaurateurs Can't Block Mayor's New Virus Rules

    A federal judge on Friday shot down an injunction bid from a group of Philadelphia restaurateurs aimed at barring implementation of a new ban on indoor dining announced by the city in the last week in light of a surge in new coronavirus infections.

  • November 19, 2020

    Sherwin-Williams Pushes Back On Special Master In IP Suit

    Sherwin-Williams urged a federal judge Wednesday not to block its expert in a patent suit against coatings giant PPG from making an argument that allegedly contradicts what the paint company told the patent office years ago.

  • November 19, 2020

    Ex-Panera CEO Sues Co. For Noncompete Suit Legal Fees

    Former Panera Bread CEO Ronald M. Shaich opened another front Wednesday in a tangled post-employment feud with the company he founded, seeking a Delaware Chancery Court order for Panera's payment of some legal fees incurred in a suit filed in 2019 accusing him of violating noncompete agreements.

  • November 19, 2020

    ​​​​​​​Tyson Iowa Managers Bet On Plant COVID Cases, Suits Allege

    Tyson Foods said Thursday it had suspended top officials at a facility in Iowa over allegations in amended federal lawsuits from the estates of four workers who died of COVID-19 that the leaders organized a betting pool on how many employees would contract the virus as it spread through the workforce.

Expert Analysis

  • How Federal, State Plans Could Bring Carbon Capture To US

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    Proposals from President-elect Joe Biden, a pair of bills currently pending in Congress and a low-carbon fuels program in California provide insights into how carbon capture, utilization and storage technology could be integrated into the fight against climate change in the U.S., say Hunter Johnston and Jeff Weiss at Steptoe.

  • How Joe Biden Will Change The FDA: Part 1

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    During the Trump administration, the U.S. Food and Drug Administration has tended to issue warning letters and other regulatory tools to secure voluntary corrective actions, but the Biden administration is likely to pursue more vigorous judicial enforcement, including through consent decrees and criminal referrals, say attorneys at Covington.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • EU Climate Goals Are Hard To Reach Without Carbon Capture

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    The European Union's failure to fully embrace blue fuels, produced using carbon capture, utilization and storage technologies, may hinder the region's pursuit of its aggressive decarbonization goals, say Hunter Johnston and Jeff Weiss at Steptoe & Johnson.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Carbon Capture Tech Offers A Fast Path Toward Climate Goals

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    To meet ambitious climate goals, the U.S., EU and other developed nations must immediately start reducing carbon emissions from fossil fuels, which policymakers can encourage by supporting carbon capture, utilization and storage technologies, say Hunter Johnston and Jeff Weiss at Steptoe.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Valuation Uncertainty Could Prompt Increased Litigation

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    The COVID-19 pandemic has increased volatility around forward-looking cash flows and discount rates, which may lead to more business valuation disputes, particularly in the M&A and bankruptcy litigation contexts, say analysts at Cornerstone Research.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Divergent Insurance Rulings Portend More Virus Litigation

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    A North Carolina state court and Mississippi federal court recently reached opposing conclusions in COVID-19 insurance coverage lawsuits despite analyzing similar business interruption policy language, likely encouraging further litigation over unsettled coverage questions, says Mark Binsky at Abrams Gorelick.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Opinion

    Congress Should Take Responsibility For Immigration Reform

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    Lawmakers should stop relying on White House stopgap measures and drive systemic immigration reform by reassessing the current quota system, increasing family and employment-based visas, and creating a simplified temporary worker program to fill agricultural and skilled labor positions, says Rosanna Berardi at Berardi Immigration.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

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