Food & Beverage

  • January 15, 2025

    Judge Warns DOJ: Settle Burger Forfeiture Suit Or Pay Up

    A Michigan federal judge on Tuesday expressed frustration with Justice Department officials' delays in resolving a civil forfeiture action over an alleged $11 million healthcare fraud scheme involving money laundered through Big Boy Restaurant, telling federal prosecutors they have until next week to settle the case or pay the chain's recent legal bills.

  • January 15, 2025

    Chubb Unit Seeks Exit From Bar's $105M Drunken Driving Suit

    A Chubb unit said it no longer owes coverage to a bar appealing a $105 million judgment related to a drunken patron's car crash, telling a Texas federal court the bar violated the terms of the policy by refusing to cooperate with the insurer's defense.

  • January 15, 2025

    FDA Bans Red Dye No. 3, Citing Cancer Link In Animal Studies

    The U.S. Food and Drug Administration on Wednesday said that it is banning the use of a red dye, Red No. 3, which gives food and drinks a bright red color but has also been linked to cancer in animals.

  • January 15, 2025

    Canada Greenlights $18B Viterra-Bunge Grain Deal

    The Canadian government has approved grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. for $18 billion, but with "extensive" conditions, including Bunge having to invest at least $520 million in Canada over the next five years.

  • January 15, 2025

    Mass. Justices Bolster Local Enforcement Of Tobacco Laws

    Massachusetts' highest court ruled Wednesday that local public health officials do not have to go to court to fine businesses caught violating the state's tobacco laws, including restrictions on the sale of flavored products.

  • January 15, 2025

    Poultry Co. Cuts Deal To End Black Ex-Worker's Bias Suit

    A major poultry processor agreed to settle a Black former employee's suit claiming he was targeted for punishment after complaining that a nonwhite worker received a harsher penalty than a white worker for the same safety violation, according to a docket entry in North Carolina federal court.

  • January 15, 2025

    FTC Brings Right-To-Repair Suit Against John Deere

    The Federal Trade Commission slapped John Deere with a repair monopoly lawsuit in Illinois federal court Wednesday, adding to proposed class actions alleging the company illegally withholds access to needed repair tools from farmers, even in the face of mounting public pressure.

  • January 15, 2025

    Justices Say Nixing Federal Claims Ends Federal Jurisdiction

    The U.S. Supreme Court on Wednesday said a proposed class action over alleged mislabeling of prescription dog food was appropriately sent back to state court, holding that once the plaintiff dropped her federal claims, the federal courts no longer had jurisdiction.

  • January 14, 2025

    ACT Mouthwash Label Poses Risk For Kids, Parents Claim

    Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.

  • January 14, 2025

    Vt. Judge Upends Visa Denial For José Andrés Ham Carver

    A Vermont federal judge has said the federal government's denial of celebrity chef José Andrés' restaurant group's petition to classify a Spanish national, who works as a "master ham carver," as an individual "of extraordinary ability" was arbitrary and capricious.

  • January 14, 2025

    EPA Warns Of Possible Forever Chemical Risk In Fertilizer

    The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations.

  • January 14, 2025

    1st Circ. Won't Revive Cape Cod Restaurants' Ordinance Case

    The First Circuit has declined to revive a case brought by two restaurants on Cape Cod, Massachusetts, that alleged they were selectively targeted with enforcement of a municipal noise ordinance and COVID-19 restrictions, saying the eateries failed to make a proper showing that their constitutional rights were violated.

  • January 14, 2025

    Wage Violations Get NC Farmers Kicked Out Of H-2A Program

    A North Carolina father and daughter must pay $166,000 in fines and face a three-year debarment from the H-2A seasonal worker program for various violations, including underpaying farmworkers, the U.S. Department of Labor said Tuesday.

  • January 13, 2025

    Meat Giant JBS To Address Child Labor In $4M DOL Deal

    The U.S. Department of Labor announced Monday that it secured an agreement with JBS USA Food Co. that requires the meatpacking processor and slaughterhouse giant to put $4 million towards helping those affected by unlawful child labor practices.

  • January 13, 2025

    Amid Claims Of Agency Bias, DEA Judge Nixes Pot Hearings

    A Drug Enforcement Administration tribunal on Monday canceled planned hearings on the merits of a proposal to loosen federal restrictions on marijuana so that pro-rescheduling parties can bring their allegations of agency bias straight to the DEA's administrator.

  • January 13, 2025

    Justices Urged To Uphold 'Sanctity' Of $11M Patent Verdict

    The Federal Circuit disrespected "the sanctity of jury verdicts" when ordering a jury to revisit Provisur Technologies' $10.5 million willful infringement award, the company told the U.S. Supreme Court in a new petition.

  • January 13, 2025

    McDonald's Sued Over College Scholarship For Latinos

    The same organization that successfully sued Harvard University over its affirmative action policies targeted McDonald's with a lawsuit in Tennessee federal court Sunday over its Latino scholarship program, arguing it violates a federal statute governing equal rights under the law.

  • January 13, 2025

    They Don't Do IP Like That In Europe, Justices Told

    The U.S. manufacturing lobby has told the U.S. Supreme Court that a recent Federal Circuit decision that wiped out patents covering an artificial sweetener used in Coke Zero is inconsistent with patent laws in Europe, China and other Asian countries. 

  • January 13, 2025

    Trump Taps Gibson Dunn Partner For EPA's No. 2 Post

    President-elect Donald Trump said he intends to nominate David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post during his administration.

  • January 13, 2025

    Acting USPTO Chief Won't Review Seed IP Challenge Denial

    The acting leader of the U.S. Patent and Trademark Office shot down a bid by a Cambridge, Massachusetts, gene-editing startup to review decisions rejecting its challenges to patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.

  • January 13, 2025

    Moroccan Fertilizer Co. Takes US To Task Over Duty Probe

    A Moroccan fertilizer company pushed to undo a 16.6% countervailing duty on its products Monday, alleging that the U.S. Department of Commerce made a litany of errors in determining that Moroccan government subsidies gave the company an unfair advantage in the U.S. market.

  • January 13, 2025

    Justices Won't Hear Farming Partnership's Crop Policy Fight

    The U.S. Supreme Court refused Monday to review a Ninth Circuit decision backing the Federal Crop Insurance Corp.'s conclusion that a farming partnership seeking to recover its $1.9 million policy limit didn't qualify for coverage.

  • January 13, 2025

    Houston Jury Clears Austin Whiskey Maker In Landry TM Row

    A Texas state court jury ruled Monday that an Austin whiskey company's use of the "Landry" name did not cause a likelihood of confusion with a conglomerate of hospitality brands owned by Houston billionaire Tilman Fertitta.

  • January 13, 2025

    Feds Say NC Medical Biz Owner Overbilled For Nutrient Drinks

    A North Carolina businessman who ran a durable medical equipment business under multiple names overbilled the state's Medicaid program $1.85 million for special enteral nutritional formulas used to treat inherited metabolic disorders when he was actually just providing people common nutritional shakes like Ensure, the federal government said.

  • January 13, 2025

    Supreme Court Turns Away IP Safe Harbor Dispute

    The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.

Expert Analysis

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    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.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • What High Court TM Rulings Tell Us About Free Speech

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    Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • How Cos. Should Handle Research Org.'s Carcinogen Evals

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    In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • A Look At State AGs Supermarket Antitrust Enforcement Push

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    The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

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