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Food & Beverage
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
3rd Circ. Questions Authority Of Fish Management Councils
The Third Circuit on Wednesday grappled with whether the "Fishery Management Councils" that set plans and limits for ocean fisheries are merely advisers to the commerce secretary or if they're empowered enough for their members to be subject to Senate confirmation, with one judge suggesting that the panels are essentially "toothless."
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July 10, 2024
Iowa Blasts Beverage Makers' Challenge To New Hemp Law
The state of Iowa is defending a new law placing restrictions on products with hemp-derived THC, saying the beverage makers who have challenged it in federal court will not prevail on their new claim that the law is unconstitutionally vague.
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July 10, 2024
Wyoming Officials Urge Court Not To Block New Hemp Law
Wyoming state officials have urged a federal judge not to block enforcement of a new law targeting hemp-derived intoxicating products, saying the law is not preempted by federal policy and that the state has an interest in cracking down on such wares.
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July 10, 2024
DOL Can't Stop Discovery Disclosures In Fishery Wage Suit
The U.S. Department of Labor didn't show how a Mississippi federal court erred in ordering the agency to turn over the identities of some migrant workers who participated in the department's investigation of a fishery, the court ruled Wednesday, standing by its earlier decision.
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July 10, 2024
Ga. Eatery, Conn. Brewery End TM Fight Over Similar Names
An Atlanta restaurant owner and the New Britain, Connecticut, brewery it accused of using effectively the same name and signage despite the Georgia businessman's trademark rights have agreed to drop their dispute in Connecticut federal court, according to a new stipulation filed by both parties.
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July 10, 2024
RJ Reynolds Urges Toss Of Menthol Suit Against FDA
Tobacco giant R.J. Reynolds has come to the support of the U.S. Food and Drug Administration in a friend-of-the-court brief, arguing that the court should toss a federal lawsuit against the agency over its purported delays in implementing a ban on menthol cigarettes.
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July 10, 2024
Bang Energy Drink Co. Ex-CEO Urges DQ Of Ch. 11 Judge
The former CEO of the company that makes Bang energy drinks urged the disqualification of a Florida federal bankruptcy judge and called for an investigation, alleging that the judge committed misconduct in the company's Chapter 11 case, according to a complaint filed with the Eleventh Circuit.
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July 10, 2024
Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed
Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.
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July 10, 2024
Ex-FDA Regulator Joins Chicago Boutique Amin Wasserman
A former high-level attorney within the U.S. Food and Drug Administration is joining Chicago-based boutique Amin Wasserman Gurnani LLP, which specializes in representing food and dietary supplement companies.
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July 10, 2024
Keurig Dr. Pepper Sent Mass Anti-Union Texts, Workers Say
Keurig Dr. Pepper has been accused in Illinois state court of sending mass anti-union text messages to the personal cellphone numbers of its factory workers, in violation of their privacy.
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July 09, 2024
No Proof Consumers Vexed By 'Spring' Water, Court Told
Nestle Waters North America Inc. on Tuesday urged a Connecticut federal judge to dismiss a lawsuit alleging that Poland Spring water does not emanate from an actual spring, arguing that references to spring water on product labels mean different things to different consumers and that no confusion has been proved.
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July 09, 2024
2 Cases In Visa, Mastercard MDL Ready For Trial, Judge Says
The New York federal judge handling multidistrict litigation over Visa and Mastercard merchant fees suggested on Monday separating from the MDL the lawsuits involving the Target and 7-Eleven plaintiffs, saying the cases are ready for trial and should be transferred to the Southern District of New York.
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July 09, 2024
CBD Cos. Tell Justices RICO Can't Cover Personal Injury
A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
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July 09, 2024
Chiquita Says $38M Verdict Must Be Reduced
Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.
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July 09, 2024
Bigelow's 'Manufactured In USA' Label Not Judge's Cup Of Tea
A California federal judge held Monday that Bigelow's labels on tea products stating "Manufactured in the USA" are literally false, handing a partial victory to a certified class of tea buyers, leaving only the issues of damages and Bigelow's state of mind when making the statement to a jury.
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July 09, 2024
Chicken Buyers' Cost-Saving Deal With Producers Approved
An Illinois federal judge granted final approval Tuesday to settlements direct chicken buyers struck with producers that beat their price-fixing claims at summary judgment or trial, saving them about $1 million in costs they could have otherwise owed the companies.
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July 09, 2024
DOL Says It Can Regulate Foreign Farmworkers' Wages
The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.
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July 09, 2024
Ex-NLRB Atty Rejoins Ogletree After In-House Stint
After a busy month of expansion, management-side labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it is welcoming a shareholder back to the firm following his in-house stint with wholesale grocery distributor UNFI.
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July 08, 2024
Tire Cos. Say Fishing Groups' Claims Fall Flat In ESA Row
Tire companies are pushing a California federal court to toss an Endangered Species Act suit over a rubber additive that harms salmon, saying the case by fishing groups wrongly seeks to transform the ESA into a product regulatory statute that steps outside the act's congressional intent.
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July 08, 2024
Albertsons Looks To Toss 'Naturally Flavored' Cereal Bar Suit
Grocery store chain Albertsons on Monday urged a California federal judge to throw out a proposed class action alleging that it falsely labels its Signature Select cereal bars as "naturally flavored" despite their containing artificial malic acid, saying the packaging, which doesn't claim the bars are free from artificial ingredients, wouldn't mislead reasonable consumers.
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July 08, 2024
Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test
A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.
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July 08, 2024
Pro-Trade Policies Outpace Barriers Amid Strains, WTO Says
Countries are moving to open themselves up to increased trade, even as armed conflicts, tense geopolitics and the effects of climate change continue to destabilize supply chains, the World Trade Organization said in a report released Monday.
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July 08, 2024
Delivery Hero Says It Could Face €400M Antitrust Fine
International food ordering service Delivery Hero disclosed that it could be fined more than €400 million ($433.3 million) by European enforcers over alleged agreements with other online food delivery companies to split markets, share information and not hire workers from one another.
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July 05, 2024
Conn. Firm Sued For Repping Both Parties In Business Sale
A Connecticut law firm has been hit with a malpractice suit saying an attorney improperly represented both parties in the sale of an interest in a restaurant business and ultimately drafted an agreement that misstated the deal in favor of the seller, leading to a $750,000 claim against the buyer.
Expert Analysis
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.