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Food & Beverage
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January 17, 2025
Little Caesars Reaches Deal Over 'Pizza Puff' Injunction Stay
Little Caesars has said it will immediately take down in-store and online references to its muffin-pizza appetizers as "pizza puffs" — ending a fight with the company that owns the trademark for the term over whether an Illinois federal judge should wait to enforce his injunction — but was given several weeks to phase out the phrase in drive-throughs.
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January 17, 2025
Drink Maker Celsius Settles SEC's Accounting Claims For $3M
The U.S. Securities and Exchange Commission on Friday fined beverage company Celsius Holdings Inc. $3 million to settle claims that it issued financial statements that were materially inaccurate and misleading due to misreported stock award information.
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January 17, 2025
NYC Mall Lenders, Developer Want Foreign Investor Suit Nixed
Financial backers of a Staten Island mall project are asking a federal judge to toss a suit by foreign investors seeking damages, arguing that the investors are just trying to "claw back" whatever they can from others who lost even more money.
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January 17, 2025
Prime Sports Drink Fight In Wrong Venue, Chancery Finds
A beverage bottler's lawsuit seeking damages tied to sports-drink startup Prime Hydration's alleged failure to honor a production contract has come up empty in Delaware's Court of Chancery, with a Thursday ruling that the complaint never tapped into the court's equity jurisdiction.
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January 17, 2025
Hawaii Bill Seeks To Make Renter Tax Credit Permanent
Hawaii would make its renters tax credit permanent and change the credit's amounts under a bill introduced in the state House of Representatives.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 17, 2025
FTC Accuses Pepsi Of Giving Advantage To Favored Retailer
The Federal Trade Commission on Friday accused Pepsi of giving a big box retailer better terms and promotional payments, putting smaller competitors at a disadvantage.
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January 16, 2025
IP Forecast: Mass. Court To Hear Inequitable Conduct Fight
A federal judge in Massachusetts will hear arguments that a CEO’s “intentional misrepresentations, omissions and half-truths” at the patent office should sink his company’s infringement case over tamper-resistant plastic containers. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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January 16, 2025
2nd Circ. Revives Wonderful Pistachios' Trade Dress Case
The Second Circuit revived a trademark infringement complaint from The Wonderful Co. LLC and Cal Pure Produce against pistachio-selling rival Nut Cravings Inc., saying Thursday that the plaintiffs plausibly alleged a likelihood of confusion in how each company's products are packaged, contrary to what a Manhattan federal judge concluded in dismissing the case.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Colo. AG Wants Ruling In Case Grocers' Merger Is Resurrected
The Colorado attorney general on Wednesday urged a Denver judge to rule on the state's challenge to Kroger Co. and Albertsons' merger despite the grocers' claims they've abandoned the deal, arguing the fact that the companies dispute each other's termination of the merger suggests it "may still be operative."
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
EU Hits China-Based Artificial Sweetener With Import Tax
The European Commission on Thursday imposed an import tax on the sweetener erythritol from China, in an effort to level the industry playing field within the EU, according to an announcement.
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January 16, 2025
FTC Fights Southern Glazer's Bid To Seal Pricing Allegations
The Federal Trade Commission is opposing a bid from Southern Glazer's to permanently seal parts of the complaint in the commission's price discrimination case, including percentages allegedly showing how much more small retailers pay for wine and spirits than large chains.
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January 16, 2025
US Olympic Committee, Logan Paul Drink Co. Settle TM Suit
The U.S. Olympic & Paralympic Committee has settled its trademark infringement case against Prime Hydration LLC, a sports drink company co-founded by social media influencer-turned-wrestler Logan Paul, leading to a Colorado federal court's dismissal of the case.
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January 16, 2025
Hearthside Proposes $30M In Ch. 11 Key Employee Bonuses
The bankrupt parent of snack maker Hearthside Food Solutions proposed a pair of retention and incentive payment plans that would provide up to $30 million in bonuses to key employees in the company's Texas Chapter 11 case.
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January 16, 2025
Cleveland-Cliffs Sets Sights On US Steel, And More Rumors
Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.
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January 16, 2025
Defense Fights Privilege Waiver In $250M COVID Fraud Case
A Minnesota nonprofit director accused of orchestrating a $250 million fraud scheme using funds from a COVID-19 federal food program has told a federal judge that prosecutors are wrong to argue that her lawyer's testimony at her impending trial will waive her attorney-client privilege, since the lawyer would be discussing facts, not advice.
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January 15, 2025
SEC Says Restaurant Tech Co. Misled Investors On AI Product
The U.S. Securities and Exchange Commission reached a non-monetary settlement with Presto Automation Inc. to resolve claims the restaurant technology company made false and misleading statements about aspects of its artificial intelligence product, which uses AI-assisted speech recognition technology to automate aspects of drive-thru order taking at quick-service restaurants.
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January 15, 2025
Abbott's Toddler Nutrition Drinks Aren't Healthy, Parents Claim
A trio of parents filed a proposed false advertising class action in Illinois federal court Tuesday alleging Abbott Laboratories touts its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, even though the products contain added sugar which is harmful to health.
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January 15, 2025
Buyers In Cheese Co. Deal Fight To Keep Claims In Fla.
Two Florida companies asked the Eleventh Circuit on Wednesday to revive their lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling them a worthless cheese distribution company for $17 million, arguing the presence of deal counsel in Miami is enough to keep the suit in Florida federal court.
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January 15, 2025
Grocer, Insurers Must Produce Docs In NC Opioid Row
A North Carolina state court issued a discovery decision in a dispute between grocery chain Harris Teeter Supermarkets Inc. and a slew of its insurers over coverage for about 100 lawsuits seeking damages related to the opioid epidemic, telling the parties to hand over certain documents from between 1993 and 2014.
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January 15, 2025
Pa.-Based Friendly's Franchisees Freed From Wage Theft Suit
A New Jersey federal court dismissed Pennsylvania-based Friendly's franchise restaurants from a former server's proposed class action accusing several franchises of failing to pay tipped workers a minimum wage for the nontipped work they performed, but determined the worker showed she was harmed by the practices she alleges.
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January 15, 2025
In-N-Out Hit With Don-Doff Pay Suit By Former Workers
A group of former In-N-Out employees slapped the fast-food chain with a lawsuit in California state court accusing it of requiring them to remain on-call during breaks, and failing to reimburse them for time spent off-the-clock changing into and out of their uniforms before and after their shifts.
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January 15, 2025
Celsius Drink Co. Overstated Pepsi Partnership, Investor Says
Energy drink company Celsius Holdings Inc. has been hit with a proposed shareholder class action accusing it of touting the initial success of its partnership with PepsiCo Inc. to conceal that its rapid growth rate was unsustainable.
Expert Analysis
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Mercon Coffee Ch. 11 Ruling Shows Insider Releases' Limits
A New York bankruptcy court’s recent ruling in Mercon Coffee’s Chapter 11 case highlights the stringent requirements for retention-related transfers to insiders, even in cases where no creditor has objected, say Robert Klyman and Scott Shelley at DLA Piper.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Rebuttal
Cancer Research Org. Is Right To Avoid Corporate Influence
While a previous Law360 guest article criticizes the International Agency for Research on Cancer's processes, its reliance on peer-reviewed literature is proper and its refusal to allow corporate influence is sound science, say Lance Oliver and Ridge Mazingo at Motley Rice.
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How Courts' Differing Views On Standing Affect PFAS Claims
Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.