Food & Beverage

  • April 03, 2025

    Optum, Express Scripts Want Judge Ousted From Opioid MDL

    Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.

  • April 03, 2025

    Bigelow CEO Denies Deliberately Misleading Tea Buyers

    The CEO of R.C. Bigelow repeatedly denied from a California federal court witness stand Thursday that her company deliberately misled consumers by labeling its teas as "manufactured in the USA 100%," saying that the phrase — which a judge has already found to be false — was well-intentioned.

  • April 03, 2025

    Website, Licensing Co. Settle Food Photo Copyright Suit

    The owner of a Las Vegas-based promotional website has agreed to settle its copyright dispute with a food photo licensing company that was previously criticized for so-called "copyright trolling."

  • April 03, 2025

    Nestlé, Other Parent Cos. Freed From Baby Food Metals MDL

    Overseas food giants Nestlé, Danone and Hero can exit a multidistrict litigation alleging baby food tainted with toxic metals caused children to develop autism, a California federal judge has ruled, but domestic subsidiaries who manufactured the products, such as Gerber, Nurture and Beech-Nut, must remain as defendants.

  • April 03, 2025

    7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill

    The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.

  • April 03, 2025

    Baby Food Suit Must Face Trial Or Calif. Panel, 9th Circ. Told

    Plum Organics buyers urged the Ninth Circuit on Thursday to ask the California Supreme Court to clarify Golden State's deception-by-omission law, or reverse Plum's summary judgment win and send to trial the consumers' allegations that the baby-food-maker failed to disclose potential toxins in its baby food products.

  • April 03, 2025

    Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted

    Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.

  • April 03, 2025

    ADM Faces Del. Derivative Suit Amid Accounting Fraud Claims

    Agricultural supply chain giant Archer-Daniels-Midland Co. was hit with a derivative complaint Thursday in Delaware's Court of Chancery, seeking damages from 17 current or former officers entangled in claims of years of fraudulent accounting and disclosures involving its nutrition segment.

  • April 03, 2025

    Tequila Maker Sues Acquirer In Del. Alleging Earnout Dodge

    A stockholder representative of tequila company 21Seeds Inc. has filed suit against Diageo North America, accusing the global liquor giant of undercutting post-acquisition earn-out targets for 21Seeds and putting the company "in mothballs" in a scheme to develop its own competing brand to the women-founded flavored tequila.

  • April 03, 2025

    NC Panel Scraps Subrogation Suit Over Misidentified Plaintiff

    An insurer for a Hardee's restaurant can't revive its subrogation suit over a 2019 fire after it accidentally misnamed itself in the complaint, the North Carolina Court of Appeals has ruled, finding the incorrectly identified plaintiff lacked standing to sue, and the complaint was a "nullity."

  • April 03, 2025

    Skadden Steers $1.5B Deal For SunnyD, Juicy Juice Maker

    Skadden-led Castillo Hermanos said Thursday it has agreed to purchase Brynwood Partners portfolio company Harvest Hill Beverage Co., whose brands include SunnyD, Juicy Juice and Little HUG, in a reported roughly $1.5 billion deal.

  • April 03, 2025

    Online Alcohol Shop, Distributor Near Deal In Antitrust Fight

    Online marketplace Provi and major wine distributor Southern Glazer's Wine have struck a deal in principle to resolve their dispute in an antitrust suit claiming the distributor conspired to stifle competition, according to a notice they have filed in Illinois federal court.

  • April 03, 2025

    Loan Fraud Plea Adds 6 Mos. To Pizzeria Owner's Prison Term

    The owner of a Boston-area pizzeria chain who was sentenced to 8½ years in prison in October for an alleged forced-labor scheme will spend an additional six months behind bars after pleading guilty to submitting false information to the U.S. Small Business Administration to obtain a loan.

  • April 02, 2025

    5th Circ. Presses Jackson, Miss., About Lead Levels In Water

    A Fifth Circuit panel pressed the city of Jackson, Mississippi, about its allegedly slipshod handling of lead contamination in city drinking water during oral arguments Wednesday, with one judge saying city officials seemingly "very artfully avoided" questions about poisoned drinking water to skirt culpability.

  • April 02, 2025

    Hooters Can Tap $5M Of Its $40M In Proposed Ch. 11 Loans

    Bankrupt restaurant chain Hooters of America LLC can access $5 million in interim financing from a $40 million debtor-in-possession package from its prepetition lenders as it transitions to a franchise-only model, a Texas bankruptcy judge said Wednesday.

  • April 02, 2025

    Bigelow VP Didn't Want Name In Emails About 'USA' Label

    A former R.C. Bigelow vice president testified Wednesday in a trial over the labeling of its products as "manufactured in the USA," agreeing that he once told a Bigelow executive he wished his name wasn't connected to the label, which a California federal judge has found to be false.

  • April 02, 2025

    Cherry Growers Lose Bid To Trim Canada's IP Suit

    A Washington federal judge on Wednesday refused to throw out certain federal and state law claims the Canadian government made against a group of cherry growers in an intellectual property lawsuit over the Staccato cherry variety.

  • April 02, 2025

    Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says

    Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court. 

  • April 02, 2025

    Florida Sued Over New Criminal Penalties For Migrants

    Advocates for immigrant and farmworker rights lodged a putative class action Wednesday challenging a Florida law criminalizing the entry of unauthorized migrants into the state, saying the law gives state officials unprecedented power to prosecute noncitizens and no defense to asylum seekers.

  • April 02, 2025

    'Beer Law' Firm Says Confusion Is Brewing Over Rival's Name

    A North Carolina law firm, one of whose managing partners focuses on advising businesses in the beer, wine and craft beverage industries under the name "Beer Law Center," on Wednesday accused a Colorado law firm of coasting off its reputation by offering services under the confusingly similar "Beer Law HQ."

  • April 02, 2025

    Jack in the Box Accused Of Killing Wash. Franchise Deals

    Two Jack in the Box Inc. franchisees claim the fast-food chain is using a series of recent closures as a pretext to seize the nearly 40 other financially viable locations they operate across Washington state, according to a new lawsuit seeking to stop the alleged takeover.

  • April 02, 2025

    Potbelly Says Insurer Must Cover Wage Transparency Suit

    Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.

  • April 02, 2025

    DOD Must Justify Noncompetitive Commissary Food Deal

    The U.S. Government Accountability Office has backed a food distributor's protest over a Defense Commissary Agency fresh food supply deal, finding the agency wrongly failed to justify its use of a noncompetitive award.

  • April 02, 2025

    9th Circ. Doubts Bang Energy Founder's $272M Verdict Appeal

    A Ninth Circuit panel expressed skepticism Wednesday about an attempt to undo Monster Beverage Corp.'s $272 million false advertising trial win against the founder of Vital Pharmaceuticals Inc., the now-defunct company behind Bang Energy drinks.

  • April 02, 2025

    Hemp Shop's Suit Over Cops' Raid, Arrests Tossed For Good

    A Texas federal judge has dismissed with prejudice a hemp shop owner's suit alleging that city of Port Lavaca police illegally raided her shop and arrested her and an employee on suspicion of selling illegal cannabis.

Expert Analysis

  • Series

    Birding Makes Me a Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

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    The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

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