Food & Beverage

  • March 24, 2017

    Aykroyd's Booze Brand Survey Was 'Unrealistic,' Jury Hears

    Tequila company Element Spirits on Friday defended itself against claims it ripped off Dan Aykroyd’s Crystal Head Vodka’s unique skull-shaped bottle, calling an expert to testify in the California federal jury trial that a survey showing consumers confused the two brands was “unrealistic.”

  • March 24, 2017

    Jimi Hendrix's Brother Hits Adopted Sis With Libel Suit

    In the ongoing family feud over licensing rights related to Jimi Hendrix’s name and image, brother Leon Hendrix on Thursday launched a defamation suit in Washington state court against his adopted sister, saying she’s excluded the deceased rockers’ “blood” relatives from the “benefit” of his legacy.

  • March 24, 2017

    Taxation With Representation: Latham, Kirkland, Simpson

    In this week’s Taxation With Representation, Capitol Acquisition combined with Cision to go public in a $2.4 billion deal, a private equity firm acquired Checkers Drive-In Restaurants for $525 million, and a Connecticut-based data analytics service provider bought a risk management software firm for $205 million.

  • March 24, 2017

    8th Circ. Rules Cargill's Refusal To Bargain Flouted Labor Law

    The Eighth Circuit in a precedential ruling Friday rejected Cargill Inc.'s challenge to the National Labor Relations Board's conclusion that it engaged in an unfair labor practice by refusing to bargain with a union in protest of its certification as the collective bargaining representative of employees at a California plant.

  • March 24, 2017

    Instacart Delivers $4.6M To Escape Labor Suit

    The grocery delivery service Instacart has reached a $4.63 million settlement resolving proposed class action claims that the tech company misclassified its shoppers as independent contractors when they were actually employees so the company didn’t have to pay minimum wages or overtime, according to court documents filed in Los Angeles Superior court.

  • March 24, 2017

    DLA Piper Guides Inventure Foods In $23.7M Pictsweet Sale

    In a deal led by law firm DLA Piper, food marketer and manufacturer Inventure Foods Inc. on Thursday said that it has sold its Fresh Frozen Foods unit to The Pictsweet Co. in a cash transaction for approximately $23.7 million.

  • March 24, 2017

    BIA Can Ditch Liability In Flooded Spuds Suit, Judge Says

    An Idaho federal judge gave a quick win to the Bureau of Indian Affairs on Friday in a suit brought by a potato farmer who alleged the agency was liable for $300,000 in flooding damage to his crops caused by the Fort Hall Irrigation Project, saying BIA never assumed a duty to maintain private farm ditches.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    Cosi Files New Creditor-Backed Reorganization Plan

    Bankrupt fast-casual restaurant chain Cosi Inc. filed a new Chapter 11 reorganization plan backed by its official committee of unsecured creditors on Thursday in Massachusetts bankruptcy court.

  • March 24, 2017

    ITA Removes Certain Vietnamese Cos. From Fish Duty Review

    The U.S. Department of Commerce's International Trade Administration announced Friday that it is removing certain exporters from its administrative review of an anti-dumping duty order on frozen fish fillets from Vietnam, though it is keeping intact the margins from its preliminary results.

  • March 24, 2017

    Arby's Faces Consumer Class Action Over Data Breach

    Arby’s Restaurant Group Inc. was slapped with a proposed class action in Georgia federal court Thursday alleging that the fast-food chain’s lacking data security measures left the door open for a breach that went undetected for nearly three months, leaving consumers’ information compromised.

  • March 24, 2017

    No Rehearing For Koch Foods In EEOC Fight Over Visa Info

    The Fifth Circuit Thursday denied Koch Foods of Mississippi LLC’s request that it rehear a decision finding that the company cannot compel the release of identifying visa application information on employees who have brought a sexual harassment suit against it, but after the appeals court revised the decision in favor of Koch.

  • March 23, 2017

    Dan Aykroyd Breaks Down Booze Bottle Angles In IP Trial

    Comedy legend Dan Aykroyd on Thursday told a California federal jury that a tequila company had ripped off his Crystal Head Vodka brand’s unique skull-shaped bottle, pulling out a ruler to dissect what he said are obvious similarities between the two bottles.

  • March 23, 2017

    Chancery Says Release From Co. In Receivership Binding

    A Delaware Chancery judge ruled Thursday that an indemnification agreement the former president of Southern China Livestock Inc., which was put into receivership after abandoning the U.S. markets, struck was binding and blocks him from breach of fiduciary duty claims from the company’s receiver.

  • March 23, 2017

    Feed Co. Must Face Ex-Workers’ Same-Sex Harassment Suit

    A Pennsylvania federal judge on Wednesday refused to dismiss an employment discrimination suit from a former pet food company employee that claimed her ex-boss’ wife, who was also an employee, sexually harassed her, saying the amended complaint sets forth plausible same-sex sexual harassment and gender discrimination claims.

  • March 23, 2017

    Utz Vendor Gets 3 Years For $1.4M False Invoice Scheme

    A Pennsylvania federal judge sentenced a businessman to three years in prison Thursday for conspiring with an Utz Quality Foods Inc. executive to bilk the snack company out of $1.4 million through a string of false invoices.

  • March 23, 2017

    Israeli Coke Distributor Could Face $17M Antitrust Fine

    Israel’s antitrust regulator suggested a 62 million Israeli new shekel ($17 million) fine for the country’s Coca-Cola manufacturer and distributor on Wednesday, accusing the company of abusing its prominent market position and engaging in anti-competitive behavior.

  • March 23, 2017

    Investors Hit Meat Processing Co. Over Bribery Concealment

    Investors in Brazilian meat processing company JBS SA sued the company and its executives Wednesday in Pennsylvania federal court, alleging management concealed evidence of poor food quality and bribery of plant inspectors, leading to a stock drop.

  • March 23, 2017

    Patent Venue’s Big Day In Court: What You Need To Know

    In what many are calling the most important patent case of the year, the U.S. Supreme Court will hear arguments Monday on whether to limit where patent lawsuits can be filed.

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

Expert Analysis

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Employer Hope Amid Pending Wage And Hour Law Changes

    Daniel A. Krawiec

    While there is presently a sea of confusion and uncertainty swirling around U.S. Department of Labor overtime exemptions, employers can take solace in the fact that a recent decision from a Florida federal court demonstrates potential jurors are able to understand the proper use of exemptions and apply them fairly and to the benefit of employers accused of violating the Fair Labor Standards Act, says Daniel Krawiec of Hinshaw & Culbertson LLP.

  • Regulatory Pathways Emerge For Gene-Edited Products

    Emily Marden

    The U.S. Food and Drug Administration, Department of Agriculture and Environmental Protection Agency have finally indicated how they plan to regulate emerging genetic technologies. Their respective proposals differ in scope and approach, but each one has the potential to significantly influence how gene editing is integrated into product development, say Emily Marden and Deepti Kulkarni of Sidley Austin LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.