Food & Beverage

  • April 19, 2018

    Justices May Add Muscle To Wash. Tribes' Treaty Rights

    The U.S. Supreme Court seemed to be leaning toward requiring the state of Washington to protect several tribes’ treaty fishing rights during oral arguments Wednesday, and experts say the question of whether the court limits its decision to culverts blocking the tribes’ salmon or makes a broad rule for projects with environmental impacts on tribal rights could have major implications for Indian Country.

  • April 19, 2018

    Nestlé Kit Kat TM Appeal Dissed By EU High Court Adviser

    An adviser to the European Union’s highest court issued an opinion Thursday recommending that judges reject Nestlé’s appeal in defense of its EU trademark for a "four-finger" Kit Kat bar, saying the food giant didn’t prove that its snack was distinctive to consumers in some member states.

  • April 19, 2018

    Fed. Circ. Says Patent Suit Wasn’t Unfairly Put On Ice

    The Federal Circuit on Thursday revived a patent lawsuit that John Bean Technologies Corp. brought against a rival maker of poultry chilling machines, reversing a lower court ruling that found the company misled its competitor by waiting more than a decade to sue.

  • April 19, 2018

    Deals Rumor Mill: Luxottica, Intermédica, Yildiz

    Luxottica’s chairman reportedly said China may want restrictions related to its deal for Essilor, Notre Dame Intermédica Participações SA has enough interest in its initial public offering to price it near the middle of its range, and Godiva’s Turkish owner is planning on restructuring $6.5 billion in debt.

  • April 19, 2018

    Bai Fruit Drinks Sued Over 'All-Natural' Labeling

    Drinkmaker Bai Brands LLC was hit with a proposed consumer class action in California federal court Thursday, accusing the company of using misleading labels that falsely advertise its products as containing only natural ingredients even though its fruity beverages are artificially flavored.

  • April 19, 2018

    Margaritaville Developer Dodges Some Investor Claims

    A Louisiana federal court partly granted a restaurant developer's bid to toss a real estate investment firm's $3.4 million suit accusing it of lying about the potential profitability of two new Margaritaville restaurants in New Orleans and Minneapolis, letting the developer off the hook on two claims but keeping the other eight.

  • April 19, 2018

    Dr Pepper Sheds ‘Diet’ Drinks Weight Loss Dispute

    A New York federal judge dismissed Wednesday a proposed class action alleging the “diet” label on certain Dr Pepper Snapple Group Inc. drinks falsely indicates to consumers that the beverages will assist with weight loss or management, finding a reasonable consumer is unlikely to be misled by the label.

  • April 18, 2018

    Bimbo Foods Distributor Seeks Revival Of Contract Suit

    A former Bimbo Foods Bakeries Distribution Co. distributor asked the Seventh Circuit on Wednesday to revive his lawsuit accusing the company of wrongly interfering with his work in order to cut him out of their contract, saying the lower court improperly ruled his claims were time-barred under Illinois law.

  • April 18, 2018

    Girardi Can’t Use Atty-Client Relationship To Nix Class Claims

    A California judge on Wednesday denied Girardi Keese’s bid to strike class claims from a suit seeking an accounting of $120 million in settlements from an oil contamination case, ruling the firm’s attorney-client relationship with the proposed class isn’t grounds for ruling out the possibility of certification.

  • April 18, 2018

    Coke Downplays Brands’ Tie To Profit, Says Witness For IRS

    Coca-Cola’s foreign business units are more profitable than similar food and beverage companies because of the company’s brands and its dominance of local markets, an economist testified for the Internal Revenue Service Wednesday in its transfer pricing trial at the U.S. Tax Court.

  • April 18, 2018

    High Court Struggles To Pin Down What Wash. Owes Tribes

    The U.S. Supreme Court on Wednesday grilled attorneys for the state of Washington, the federal government and Native American tribes over how much the state can hurt the tribes' fishing before it has to pay for it under federal treaties, in a case that could put Washington on the hook for $2 billion to repair culverts that block salmon the tribes rely on.

  • April 18, 2018

    Breaking Bud Beer Infringes Show's TM, Sony Alleges

    Sony Pictures Television Inc. hit Knee Deep Brewing Co. with a lawsuit in California federal court Tuesday, claiming the Auburn-based brewer's Breaking Bud beer infringes its trademarks for the Emmy Award-winning television series "Breaking Bad."

  • April 18, 2018

    MoMA Claims Manhattan Cafe Is Infringing Name, Trade Dress

    The Museum of Modern Art sued newly opened Lower East Side café and art gallery MoMaCha in New York federal court on Tuesday, accusing it of infringing its famous trademarked name and trade dress that date to at least 1967 and appear in exhibition communications, retail goods and its restaurant The Modern.

  • April 18, 2018

    Pa. Judge Insists U-Haul Mgr. Can Be Deposed Over Explosion

    A Pennsylvania judge is urging an appeals court to uphold his decision barring the general manager of a local U-Haul International Inc. branch from asserting his right against self-incrimination to avoid a deposition over his role in a food-truck explosion that killed two people.

  • April 17, 2018

    Bertucci's Gets Approval On $750K Interim DIP

    Bankrupt Italian restaurant chain Bertucci’s received interim approval Tuesday in Delaware to tap into a $750,000 portion of its $4 million debtor-in-possession financing package being provided by the stalking horse bidder seeking to buy its assets through the Chapter 11 process.

  • April 17, 2018

    Sabra, PepsiCo Hit With Tainted-Hummus Insurance Dispute

    Sabra Dipping Co. and its part-owner PepsiCo Inc. neglected to have a PepsiCo insurer help pay for the loss from a recall of hummus that might have contained listeria, an insurer that did accept coverage for the outbreak has alleged in New York state court.

  • April 17, 2018

    Ad Co. Sues Golf Drink Maker Over President's Cup Ads

    A sports advertising company on Tuesday told a New York state court that a maker of nutrition drinks for golfers has failed to pay the $50,000 it owes for ads it ran in the program for last year’s President’s Cup golf tournament.

  • April 17, 2018

    A&P Creditors Seek Upwards Of $26M From Pepsi, Frito-Lay

    The unsecured creditors of the A&P supermarket chain on Monday asked a New York bankruptcy court to claw back more than $19 million allegedly paid to PepsiCo and its subsidiaries too close to the bankruptcy and to order them to make good on more than $7.4 million they allegedly additionally owe the chain.

  • April 17, 2018

    Consumers, Wine Retailer Can't Get Pricing Row Deal OK'd

    A New Jersey federal judge on Tuesday refused to bless the proposed settlement of a putative class action accusing an online wine retailer of offering bogus discounts by inflating "original" sales prices, ruling that missing information, particularly hard numbers, impaired her ability to evaluate the fairness of the deal.

  • April 17, 2018

    Real Estate Rumors: CW Realty, KSL Capital, Zom Living

    A CW Realty venture has reportedly sold three Brooklyn residential and retail buildings for $22.5 million, KSL Capital has reportedly bought a Florida Margaritaville resort from a Starwood Capital venture, and Zom Living is said to have scored $92 million in construction financing from Union Labor Life Insurance for a Chicago project.

Expert Analysis

  • Opinion

    The Flawed European Remedy To Bayer-Monsanto Deal

    Allen Grunes

    It is a safe bet that the U.S. Department of Justice is poised to sign on to the European agreement on Bayer’s acquisition of rival Monsanto, perhaps with a few tweaks. Even so, the Bayer-Monsanto transaction is likely to harm U.S. farmers, say Allen Grunes and Maurice Stucke, founders of The Konkurrenz Group.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Food Advertising: Don’t Wing It, Or You Will Face The Heat

    Steven Steinborn

    Companies can’t always take preemptive action to avoid every potential false advertising lawsuit. But a New York federal court's recent decision in Borenkoff v. Buffalo Wild Wings demonstrates that effective marketing and minimizing risk are entirely compatible objectives, say attorneys with Hogan Lovells.

  • How PACA And PSA Super Liens Impact Real Estate Sales

    Excerpt from Lexis Practice Advisor
    Spencer Compton

    Real estate practitioners should not underestimate the complexity and time involved in clearing a Perishable Agricultural Commodities Act or Packers and Stockyards Act exception from a loan policy, say Spencer Compton of First American Title Insurance Company and Diane Schottenstein.

  • When Your Trademark Is A False Advertisement

    Mike Justus

    False advertising issues continue to plague brand names and trademarks in a variety of forums and contexts. Recent legal trends are instructive for trademark and advertising counsel, says Mike Justus of Katten Muchin Rosenman LLP.