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Food & Beverage
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December 06, 2023
Ohio Senators Rewrite Voter-Approved Pot Legalization
The Ohio State Senate spent Wednesday evening passing last-minute revisions to Ohio Issue 2, which legalized marijuana in the state, to decrease the amount an adult could possess while allowing some to be grown at home.
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December 06, 2023
Whistleblower Snags $350K In $1.8M NYC Diner Tax Deal
The estate of the former owner of two New York City diners must pay $1.8 million in penalties after he collected taxes from patrons on cash receipts but then pocketed the money instead of reporting the taxes to the state, the New York attorney general announced Wednesday.
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December 06, 2023
9th Circ. Judge 'Baffled' By Starbucks Union Vote Stance
A Ninth Circuit judge on Wednesday questioned Starbucks' confidence that the National Labor Relations Board should not have held a union election via mail over pandemic health concerns, noting COVID-19 case numbers were "bouncing all over the place" at the time.
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December 06, 2023
Buyers Of Nestle Boost Urge 9th Circ. To Revive False Ad Suit
Boost Glucose Control drink buyers urged the Ninth Circuit at a hearing Wednesday to revive their proposed class action alleging that Nestle Healthcare Nutrition tricked them into thinking the drink can treat diabetes, arguing that they never claimed they thought it was a "miracle drug," but rather they understood it to help manage glucose levels.
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December 06, 2023
Seafood Co. Breaks Free From Ex-Workers' ESOP Suit
A Georgia federal court agreed to toss a federal benefits lawsuit from ex-workers of Inland Fresh Seafood Corp. of America Inc. alleging mismanagement of an employee stock ownership plan, citing the proposed class of ESOP participants' failure to exhaust their administrative remedies before filing suit.
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December 06, 2023
NC Panel Won't Disturb Smithfield Farm's Hog Waste Permit
A North Carolina appeals court affirmed state regulators' ability to issue a permit for a hog farm operator to install a system to capture "biogases" produced by the animals' waste without considering if the system was the least adverse available, or if its cumulative effects would be reasonable.
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December 06, 2023
11th Circ. Revives Underweight Poultry Suit Against Sysco
The Eleventh Circuit on Wednesday revived a proposed class suit filed by a group of Florida Mexican restaurants claiming Sysco regularly delivers underweight boxes of poultry products, saying the lower court erred in tossing their breach of contract claims.
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December 06, 2023
9th Circ. Won't Reconsider Upholding EPA Pesticide Approval
The Ninth Circuit has declined to reconsider a split panel decision that slammed, but did not vacate, the U.S. Environmental Protection Agency's approval of the insecticide sulfoxaflor, rejecting beekeepers' and environmentalists' stance that the appeals court must take that extra step.
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December 06, 2023
Restaurant Chains Still Fighting Part Of $8M Chicken Deal
Boston Market, Golden Corral, Cracker Barrel, Domino's and other restaurant chains continued Tuesday to contest part of an $8 million class settlement resolving other direct buyers' chicken price-fixing claims, arguing specifically that the deal improperly bargained away claims they still want to assert in a subsequent trial.
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December 05, 2023
1st Circ. Open To Reviving Whole Foods BLM Retaliation Suit
The First Circuit on Tuesday appeared willing to consider at least partially reversing Whole Foods' pretrial win on retaliation claims brought by three former employees who say the grocery chain disciplined and later fired them for wearing Black Lives Matter masks at work.
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December 05, 2023
Brewery Says Co-Owner Swiped $1M, Forcing Bankruptcy
A Colorado brewery has sued one of its co-owners, alleging that he misappropriated more than $1 million of the company's money for personal use and his other businesses, claiming in a state court complaint that his misconduct forced the company to file for bankruptcy.
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December 05, 2023
Judges 'Troubled' By Trial Rulings For Denver Cheese Co.
A panel of Colorado appellate judges expressed concerns Tuesday about a trial court's handling of a family fight that threatened dissolution of a $5 billion cheese company, with one judge saying she was "troubled" by a jury instruction that seemed to favor the company.
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December 05, 2023
Fed. Circ. Backs TTAB Ruling For French Wine Co.
The Federal Circuit on Tuesday affirmed a ruling from the Trademark Trial and Appeal Board that a French winemaker's request to register a label that includes the term "Vérité" was different enough from a U.S. winery's "Vérité" trademark to make confusion unlikely.
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December 05, 2023
Splenda Maker Says Peet's Provides Knockoff Sweetener
Peet's Coffee Inc. is breaching trademark laws by tricking customers into believing that the yellow packet sweeteners available at its locations are American-made Splenda when they actually contain active ingredients made in China, according to a lawsuit filed Tuesday in Virginia federal court.
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December 05, 2023
Court Denies Duty-Free Treatment For Specialty Baby Formulas
A specialty baby formula maker couldn't convince the U.S. Court of International Trade that its products could enter the country duty-free, after the court determined that the products were "food preparations" subject to a 6.4% tariff.
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December 05, 2023
Panera Hit With Second 'Charged Lemonade' Death Suit
Panera Bread Co. is being sued in Delaware state court over claims that its "Charged Lemonade" drink is responsible for a patron's death, less than two months after it was hit with a similar suit in federal court over another patron's death.
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December 05, 2023
H-2A Wages Rule Will Spike Illegal Immigration, 4th Circ. Told
A U.S. Department of Labor rule regulating wages for H-2A workers would make foreign labor unaffordable for employers and increase illegal immigration, a group of ranches and farms told the Fourth Circuit, saying implementation of the rule should be halted.
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December 05, 2023
Recycling Co. Strategic Materials Hits Ch. 11 With $433M Debt
Glass recycling company Strategic Materials Inc. filed for Chapter 11 protection in a Texas bankruptcy court with about $433 million in debt and a plan to hand lenders its business, after struggling to meet payments on floating-rate debt that's become "significantly more expensive" as interest rates have risen.
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December 04, 2023
FTC Sues 7-Eleven, Alleging Violation of 2018 Consent Order
The Federal Trade Commission is suing 7-Eleven for buying a Florida fuel outlet without giving prior notice, alleging the purchase violated a 2018 consent order.
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December 04, 2023
Kraft Heinz Fraudulently Won Insider Trade Suit, Investor Says
An investor has hit Kraft-Heinz Co. with a fresh stockholder complaint in Delaware Chancery Court, claiming that the court wrongly tossed a prior action alleging similar $1.2 billion insider-trading claims based on fraudulent statements and incomplete evidence regarding Kraft Heinz's executives' purported financial ties to the majority stockholder accused of insider trading.
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December 04, 2023
Parents Want Abbott Docs On Calif. Law In Baby Formula MDL
Parents who are suing over contaminated Similac infant formula have asked an Illinois federal judge to force manufacturer Abbott Laboratories to produce documents related to its opposition to a California bill that would have required that formula be tested for heavy metals.
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December 04, 2023
GOP Effort To Rewrite Ohio Pot Legalization Spurs Backlash
Cannabis reformers and hemp industry advocates on Monday sounded the alarm about a Republican-led proposal to substantively rewrite Ohio's voter-approved marijuana legalization law just days before it is due to take effect.
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December 04, 2023
Wine Co. Sues Chubb Unit For Coverage Of $1.5M Hack
A wine merchant said a Chubb unit owes it coverage for the near $1.5 million that it lost at the hands of a hacker, telling a New York federal court that the insurer improperly applied the "smallest limit of coverage possible."
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December 04, 2023
DOL Says 2 Mass. Eateries Failed To Pay Kitchen Workers OT
The U.S. Department of Labor took two Massachusetts restaurants to court Monday, alleging they hadn't paid their kitchen staff overtime wages despite a $250,000 settlement over similar allegations in 2020.
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December 04, 2023
Magistrate Says Not To Block Fla. Hemp Stop-Sale Orders
A Florida magistrate judge is recommending against granting an injunction to a hemp company seeking to block enforcement of stop-sale orders under the state's updated hemp regulations, saying the company hasn't shown that it's likely to succeed in its claims that the state overstepped by prohibiting out-of-state sales.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.