Food & Beverage

  • November 25, 2024

    Farm Orgs. Win Block Of DOL H-2A Protections

    A Kentucky federal judge granted several farmers and farm associations' bid to block the U.S. Department of Labor's new protections for foreign H-2A farmworkers, saying Monday the agency's extension of labor organizing rights to these workers amounts to a "blatant arrogation of authority."

  • November 25, 2024

    Beyond Meat Told It's Likely To Beat Production Woe Suit

    A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.

  • November 25, 2024

    Calif. Appeals Court Backs Taylor Farms Win In Wage Suit

    A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.

  • November 25, 2024

    Topgolf Cuts Deal To Settle Server's Wage Suit

    Topgolf agreed to pay about $13,000 to settle a former food service worker's suit in Alabama federal court claiming it failed to pay her the full minimum wage for non-tip-generating work.

  • November 22, 2024

    Del Monte's 'Fruit Naturals' Label Not Deceptive, 9th Circ. Says

    The Ninth Circuit on Friday refused to revive a California woman's proposed class action accusing Del Monte Foods of falsely advertising fruit cups as being "natural" despite containing synthetic preservatives, saying a reasonable consumer would know to read the products' back label to confirm the ingredients.

  • November 22, 2024

    Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach

    An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion. 

  • November 22, 2024

    Taco Bell's 'Inconsistent' Stance Revives Fla. Fall Suit

    A Florida state appellate court on Friday reversed a ruling that tossed a slip-and-fall injury lawsuit against Taco Bell, citing the restaurant's "logically inconsistent" position admitting that a customer ignored a freshly mopped restroom floor but proceeded to dispute that the floor was actually wet.

  • November 22, 2024

    Kraft, Others Say No Need To Stay Atty Fees After $53.3M Win

    Kraft, Kellogg, Nestle and General Mills have urged an Illinois federal judge not to delay deciding attorney fees following their $53.3 million judgment against egg producers and industry groups, saying further stalling would only prolong the already 13-year-old case.

  • November 22, 2024

    Delta-8 Product Actually Illicit Delta-9, Class Action Claims

    The manufacturer of Cake Brand vapes has been hit with a proposed class action accusing it of "masquerading" its products as "lawful delta-8" when in reality they contain delta-9, a derivative marijuana which remains a Schedule I drug, according to the suit filed in California federal court.

  • November 22, 2024

    Hemp Cos. Owner Seeks Toss Of Cousin's TM Dispute

    A Miami-based delta-8 THC products manufacturer is looking to toss an infringement lawsuit filed by a former business partner, telling a Florida federal judge that the suit appears to be a patent fight and therefore belongs in trademark court.

  • November 22, 2024

    Feds Slam Utah High Court Case Over Fed. Land Ownership

    The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.

  • November 22, 2024

    Vitamin Co. Must Freeze Owner Payouts Amid $1.4M Tax Fight

    A Connecticut federal judge has granted the federal government a temporary restraining order in a $1.4 million tax fight with a vitamin company, barring distributions to the owners unless the company allocates 20% to the court's registry to help cover the potential liability.

  • November 22, 2024

    Snack Maker Hearthside Files For Ch. 11 To Shed $1.9B Debt

    H-Food Holdings LLC, which makes granola bars, pretzels and other snacks under the name Hearthside Food Solutions for major brands, filed for bankruptcy protection in Texas on Friday, with a restructuring agreement that would allow it to wipe out more than $1.9 billion of debt.

  • November 22, 2024

    1st Circ. Backs Auction For Bankrupt Farmer's Milk Quota

    The First Circuit has affirmed a Puerto Rico regulator's ability to order the sale of a dairy farmer's milk quota despite his pending bankruptcy, ruling the action wasn't blocked by a stay blocking actions that can affect a bankruptcy estate.

  • November 22, 2024

    Judge 'Concerned' With 'Lack Of Progress' In Walmart OT Suit

    A Georgia federal judge warned that he was "concerned by the lack of progress on the limited discovery" he reopened last month at the request of a Walmart warehouse manager suing the company for unpaid overtime hours.

  • November 22, 2024

    Taxation With Representation: Stradley Ronon, Davis Polk

    In this week's Taxation With Representation, Amcor PLC buys Berry Global Group Inc., AeroVironment buys BlueHalo, Robinhood Markets Inc. acquires TradePMR, and Comcast Corp. spins off a suite of NBCUniversal cable television networks.

  • November 22, 2024

    Red States Can't Ax DOL Farmworker Rule, Orgs Say

    Three organizations threw their support behind the U.S. Department of Labor's new protections for foreign H-2A farmworkers, telling a Georgia federal court that conservative-led states' efforts to obliterate the entire rule must fail because several unchallenged provisions are key to ensuring workers aren't exploited.

  • November 22, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.

  • November 21, 2024

    Messi Drink's Look A 'Blatant' Copy, Logan Paul's Co. Says

    Social media influencer Logan Paul's sports beverage company Prime Hydration has struck back at the maker of White Claw over its new beverage collaboration with soccer legend Lionel Messi, saying in a New York federal court filing that the "blatant copying" of their Prime product's trade dress has already created consumer confusion.

  • November 21, 2024

    Franchise Group Lenders Want End To Debtor's Ch. 11 Rights

    Lenders of bankrupt retail-focused holding company Franchise Group Inc., including Pacific Investment Management Co. and private equity firm Irradiant Partners, have urged a Delaware bankruptcy judge to end holdco debtor Chapter 11 exclusivity restrictions, arguing that the move offers the best escape from a near-inescapable "Gordian knot" entangling all their claims.

  • November 21, 2024

    Judge Suggests 1st Circ. Should Hear Lobster Tracking Case

    A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

  • November 21, 2024

    EPA Beats Calif. Suit Over Pesticide-Coated Seed Exemption

    A California federal judge threw out public safety groups' lawsuit alleging the U.S. Environmental Protection Agency provided pesticide-coated crop seeds an illegal loophole from regulation, finding the agency made a fair and considered judgment when it said the seeds are exempted from registration. 

  • November 21, 2024

    EzCater Fostered Discriminatory Workplace, Ex-Workers Say

    Four former employees of Boston-based ezCater are suing the online catering service, alleging that it engaged in discrimination based on their gender, race and pregnancy, then retaliated when they complained.

  • November 21, 2024

    Louisiana Defends New Hemp Law From Industry Challenge

    A Cannabis industry-led lawsuit seeking to block Louisiana from imposing new restrictions on consumables infused with hemp-derived THC should be squashed, the state told a federal judge, saying the legal theories the suit presents "have been tried and failed elsewhere."

  • November 21, 2024

    Vape Maker Sued Over Illegally High Delta-9 THC Levels

    Two men are suing Lifted Liquids Inc. in Illinois federal court, alleging that its hemp-derived vape products contain more than .3% Delta-9 THC despite its advertising, making the products federally illegal and putting users at risk.

Expert Analysis

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

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    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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