Food & Beverage

  • November 24, 2021

    Cargill Wants Insurer To Cover $44M Worker Kickback Losses

    Cargill Inc. on Wednesday asked a Minnesota federal court to order its insurer to cover the $44.7 million loss the company said was the result of a bribery and kickback scheme involving former employees, claiming that the loss is covered under its commercial crime policy.

  • November 24, 2021

    Seafood Biz Owner Gets Probation For H-2B Visa Fraud

    A federal judge sentenced a Maryland seafood wholesaler to three years of probation and a $240,000 fine after its owner admitted the company effectively underpaid its H-2B guest workers by having them perform work outside the scope of their visas.

  • November 24, 2021

    Jury Awards Liquor Distributor $11.75M Against Jagermeister

    A Missouri federal jury awarded $11.75 million in damages Monday to beverage distributor Major Brands Inc., determining that liquor manufacturer Mast-Jagermeister violated Missouri's Franchise Act by attempting to terminate without cause Major Brand's role as Jagermeister's distributor in Missouri and replace it with national distributor Southern Glazer's Wine & Spirits.

  • November 24, 2021

    GOP Lawmakers Urge Tai To Oppose COVID Vaccine IP Waiver

    In a letter Wednesday spelling out their priorities for the World Trade Organization's upcoming summit, Republican leaders on congressional trade committees urged U.S. Trade Representative Katherine Tai to stand against a waiver of intellectual property protections on COVID-19 vaccines.

  • November 24, 2021

    Court Sides With Celebrity Chef In By Chloe Brand Fight

    A New York federal judge Wednesday reaffirmed a year-and-a-half-old arbitration decision that celebrity chef Chloe Coscarelli is entitled to a half share of her By Chloe restaurant chain now that the business has emerged from a COVID-caused bankruptcy.

  • November 24, 2021

    Attys Get $3.9M Fee In Settlement Of Kellogg Cereal Label Suit

    A California federal judge finalized attorney fees worth nearly $3.9 million in a settlement that ended a class action against Kellogg Sales Co. over misleading cereal box labels.

  • November 24, 2021

    Mich. Store Chain Must Face Claims Over Shoppers' Fight

    A Michigan appeals court has found that Meijer Inc. can't escape claims stemming from a fight between customers that a cashier tried to break up, saying there are questions of fact about whether the cashier was acting within the scope of his employment when he intervened.

  • November 24, 2021

    Insurer's Winery Fire Suit Axed In Favor Of State Court Action

    A California federal judge dismissed Kinsale Insurance Co.'s suit against a Napa Valley winery over coverage for damages from the 2020 Glass Fire, saying the same issues could be resolved in a state court suit brought by the winery.

  • November 24, 2021

    Enviro Groups Say Dam Operator Can't Dodge Salmon Suit

    Environmental groups have pushed back on an effort by the owner of hydroelectric dams to dodge a suit claiming those facilities are violating the Endangered Species Act by killing a protected species of salmon, arguing they've provided plenty of specifics.

  • November 23, 2021

    Albertsons Left COVID Pay Out Of Overtime Rate, Worker Says

    Grocery store chain Albertsons failed to factor the appreciation pay it offered to its workers during the coronavirus pandemic into their overtime pay, resulting in an underpayment of wages, a worker said Monday in a proposed collective action.

  • November 23, 2021

    Burrito Chain Eyes 11th Circ. Appeal Of Virus Coverage Suit

    A dispute between Orlando, Florida-based Tavistock Restaurants Group LLC and Zurich American Insurance Co. over coverage for pandemic-related losses appears to be headed to the Eleventh Circuit after a Florida federal court entered a judgment for the insurer and closed the case.

  • November 23, 2021

    Ladder Capital Loans $59M For Queens Studio Property

    Ladder Capital Finance has loaned $59 million for a Queens mixed-use property that includes storage space for cars used for filming, borrower-side broker Jones Lang LaSalle said Tuesday.

  • November 23, 2021

    McDonald's Customer Says Voiceprint Claims Should Proceed

    A McDonald's customer has argued that an Illinois federal judge shouldn't dismiss claims that the company unlawfully collected and disclosed voice data that customers unknowingly provided to its drive-thru assistants because the state's biometric privacy law aims to safeguard precisely that type of information.

  • November 23, 2021

    11th Circ. Asked To Toss Oyster Bar's Virus Coverage Suit

    An insurer asked the Eleventh Circuit Court to honor a lower court's dismissal of a Miami oyster bar's suit over virus coverage claims, arguing that its policy insures property and that COVID-19 cannot cause actual physical damage to the bar.

  • November 23, 2021

    DOJ Sues To Block US Sugar Deal

    The Department of Justice filed a lawsuit in Delaware on Tuesday seeking to stop U.S. Sugar from acquiring Imperial Sugar Co., alleging the transaction "would leave an overwhelming majority of refined sugar sales across the Southeast in the hands of only two producers."

  • November 23, 2021

    Impossible Foods Bags $500M In Mirae Asset-Led Funding

    Plant-based meat substitute provider Impossible Foods said Tuesday that it has raised $500 million in a funding round led by existing investor Mirae Asset Global Investments, increasing the total amount of capital raised by the company since its 2011 inception to nearly $2 billion.

  • November 22, 2021

    Fla. Co. Pleads Guilty To Conspiracy To Sell Illegal Products

    Supplements company Blackstone Labs LLC and two of its executives have pled guilty to conspiring to sell illegal anabolic steroids and other unlawful products marked as dietary supplements, according to the U.S. Department of Justice.

  • November 22, 2021

    Wash. Businesses Ask 9th Circ. To Revive Virus Suits

    Two Washington businesses urged the Ninth Circuit Court of Appeals in nearly identical briefs Monday to overturn COVID-19 business loss rulings in favor of their insurers, arguing that "direct physical loss" should include the "deprivation" of the use of their properties.

  • November 22, 2021

    Poppy Seed Stroke Coverage Suit Belongs In NJ, Insurer Says

    A Liberty Mutual unit's coverage dispute with a nut company over a lawsuit alleging unwashed poppy seeds caused a woman's strokes should remain in the Garden State, the insurer told a New Jersey federal court.

  • November 22, 2021

    Insurer Says It's Off The Hook For $32M Kraft Heinz Verdict

    The Continental Insurance Co. asked an Illinois state court Friday to declare it owes no coverage for a $32 million damages award in a suit brought by a worker alleging his wife died of mesothelioma as a result of asbestos exposure through his work at a facility owned by Kraft Heinz.

  • November 22, 2021

    Pesticide Use Targeted In New Senate Farmworker Safety Bill

    Sen. Cory Booker, D-N.J., announced a bill Monday that would ban the use of some pesticides and provide additional workplace protections for farmworkers harmed by the chemicals.

  • November 22, 2021

    Shoppers Hit Del Monte With Suit Over Salt In Green Beans

    A proposed class of shoppers is suing Del Monte Foods Inc. in Illinois federal court, alleging that the salt included in its canned Farmhouse Cut Green Beans makes its claim of having "no preservatives" false and misleading.

  • November 22, 2021

    DoorDash Settles San Francisco Wage Probe For $5.3M

    DoorDash will pay $5.3 million to about 4,500 drivers, the San Francisco city attorney announced Monday, ending an investigation that started over claims that the food delivery giant misclassified workers as independent contractors and used tips to subsidize their base pay.

  • November 22, 2021

    Similac Formula Not Comparable To Breast Milk, Suit Says

    An Illinois consumer has claimed in federal court that Abbott Laboratories unlawfully touts the Similac Pro-Advance baby formula as its "closest formula to breast milk" even though the product lacks sufficient data and components to support that claim.

  • November 22, 2021

    Nationwide Tells 2nd Circ. To End Eatery's Virus Suit

    Nationwide Mutual Insurance Co. asked the Second Circuit to dismiss a New York restaurant's appeal, which contends that its property policy should cover its losses from COVID-19 shutdowns.

Expert Analysis

  • Key Takeaways In Bimbo's 'All Butter' False Label Win

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    The Southern District of New York, in dismissing claims in Boswell v. Bimbo Bakeries that the "All Butter" label on an Entenmann's loaf cake was misleading, applied a standard on false or misleading packaging from another circuit — an unusual decision as the claims might have survived under a different standard, say Daniel Mello and Margaret Esquenet at Finnegan Henderson.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • Recent Alcoholic Beverage Labeling Suits Offer Best Practices

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    As plaintiffs increasingly target alcoholic beverage products, claiming that labels are false or misleading, producers can mitigate liability with certain steps to ensure packaging meets all regulatory approvals, say attorneys at Alston & Bird.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • Ghost Kitchens Present Unique Leasing Considerations

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    As the ghost kitchen business model expands from a niche market into a booming and prevalent industry, landlords, tenants and third-party licensees that are hosted by tenants must be prepared to negotiate lease provisions ranging from commercial signage to indemnification and percentage rent, say attorneys at Lowndes.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • 9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

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    The Ninth Circuit's recent decision revoking class certification in Moser v. Benefytt punted on personal jurisdiction questions left by the U.S. Supreme Court’s Bristol-Myers decision, but provides some guidance on how to raise jurisdictional defenses in nationwide class actions, say attorneys at Dechert.

  • Bipartisan CFIUS Proposals Lack Cohesive Security Strategy

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    Although there is bipartisan support for expansion of the Committee on Foreign Investment in the United States' jurisdiction, diversity within the flurry of recent legislative proposals reflects a deeper struggle over the scope and kinds of economic security issues that should be treated as a matter of national security, says attorney Devin DeBacker.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

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