Food & Beverage

  • May 28, 2024

    Guinness Brewer Beats Appeal In Whiskey Bottle TM Dispute

    The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo's trademark rights for its own whiskey brand.

  • May 28, 2024

    5 Firms To Steer Pair Of Large IPOs That Could Net $1.8B Total

    Private-equity backed hospital billing firm Waystar Holding Corp. and aluminum recycling giant Novelis Inc. on Tuesday launched plans for two initial public offerings that could raise an estimated $1.8 billion combined, guided by five law firms, potentially testing the strength of the IPO market's recovery.

  • May 28, 2024

    Edwards Urges Full Fed. Circ. To Limit FDA Safe Harbor

    Edwards Lifesciences has petitioned the full Federal Circuit to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development, arguing that if Congress wanted the statute to be interpreted broadly, "it would have said exactly that."

  • May 28, 2024

    Davis Wright Recruits Kelley Drye FDA Practice Chair In DC

    Davis Wright Tremaine LLP said Tuesday that the head of Kelley Drye & Warren LLP's Food and Drug Administration practice group has joined the firm as an advertising and food and drug law partner in Washington, D.C.

  • May 28, 2024

    Colo. Creates Tax Credits For Agricultural Stewardship

    Colorado farms and ranches that use certain agricultural stewardship practices will be eligible for tax credits of up to $300,000 under legislation signed into law by Gov. Jared Polis.

  • May 24, 2024

    Top Senate Banking Dem Presses DoorDash On Biz Advances

    Food ordering and delivery platform DoorDash has come under fire from the chair of the U.S. Senate's banking committee over merchant cash advance products offered on its platform, with the lawmaker saying the typically high costs of such offerings bear "a troubling similarity to payday lending practices."

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Logan Paul's Energy Drink Co. Sues Boxer For Defamation

    Prime Hydration, led by YouTube celebrity Logan Paul, has accused boxer Ryan Garcia of defamation in Texas federal court over his ongoing campaign to paint the drink in a negative light, including saying it contains harmful chemicals like cyanide that will "hurt you big time."

  • May 24, 2024

    Shuttered Paper Mill Flouted $12M Incentive Deal, NC AG Says

    The state of North Carolina is suing food and beverage packaging company Pactiv Evergreen to recoup $12 million in economic incentives the company allegedly accepted to keep a local mill up and running after it abruptly shuttered the facility last year.

  • May 24, 2024

    Judge Finds Cannabis Tracking Suit Targeted Wrong Agency

    A Colorado maker of cannabis edibles lost its bid to block state marijuana regulators from requiring that cannabis companies buy inventory trackers made by Florida-based Metrc, a nationwide vendor of such tags, when a state judge ruled that the edibles-maker sued the wrong agency.

  • May 24, 2024

    Food Supplier Says Exec Raided Files, Jumped to Competitor

    A senior sales executive at a Massachusetts food distributor spent his final days with the company slipping in after hours and on weekends to print out and photocopy customer records and other trade secrets, before jumping to a direct competitor, according to a lawsuit filed in state court.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Software-Aided Price Fixing Under Antitrust Assault

    Claims that companies in the same industry are using software middlemen to fix prices are percolating in federal courts around the country, with cases targeting major operators in residential real estate, hospitality and health insurance, among other areas.

  • May 24, 2024

    NYSE Companies Could Face Heat If Business Focus Changes

    A New York Stock Exchange proposal seeking additional authority to delist companies that enact wholesale business changes after going public could subject certain companies to more scrutiny, attorneys say, though such drastic actions are expected to be rare.

  • May 24, 2024

    Stew Leonard's Sued Over Dancer's Peanut Allergy Death

    The family of a U.K.-born dancer is suing the Stew Leonard's grocery store chain, alleging its failure to update labels of cookies that contained peanuts led to her death at age 25 from an allergic reaction.

  • May 24, 2024

    Feds Prep Dumping Duties On Indonesian, Ecuadorian Shrimp

    The U.S. Department of Commerce preliminarily found that Ecuadorian and Indonesian shrimp were being sold in the U.S. at unfairly low prices, unveiling a slate of tariffs to address the dumping.

  • May 23, 2024

    Entrepreneur Ordered To Pay $15M For Unlicensed Pot Stores

    A New York state court hit a cannabis seller with a $15 million judgment Thursday after he was found to be selling marijuana without a license at seven locations inside the state, according to an announcement by the state's attorney general.

  • May 23, 2024

    EU Fines Mondelez €338M For Curbing Snack Competition

    The European Commission on Thursday fined U.S.-headquartered multinational snack company Mondelez International Inc. €337.5 million ($365.74 million) for entering into anticompetitive trade agreements with resellers and abusing its position as a chocolate giant to maintain high prices.

  • May 23, 2024

    Green Groups Sue Colo. Over Factory Farm Pollution Regs

    Two environmental groups on Thursday urged a Colorado state court to review the Centennial state's decision to issue a permit allowing large animal feeding facilities to operate without monitoring requirements, saying waterways and the public are being exposed to dangerous toxins produced by thousands of animals.

  • May 23, 2024

    Md. Restaurant's Bid For H-2B Cooks Doomed By Payroll Data

    A U.S. Department of Labor judge has refused to rescue a Baltimore Caribbean restaurant's efforts to hire cooks through the H-2B seasonal worker visa program, saying payroll records undermined claims that the restaurant experienced surging demand during the warmer months.

  • May 23, 2024

    House Members Approve Closing Delta-8 Hemp 'Loophole'

    A U.S. House of Representatives committee on Thursday approved a major change to the statutory definition of hemp and hemp products — which would effectively rewrite national hemp policy if it became law — in the next version of the federal Farm Bill.

  • May 23, 2024

    'New' Facts Don't Permit Do-Over, Kraft-Heinz Tells Chancery

    An institutional shareholder of The Kraft-Heinz Co. is not entitled to a "do-over" on an insider trading lawsuit that Delaware's Court of Chancery dismissed in 2021 because the supposed "new evidence" it offers isn't actually new and wouldn't have made any difference in the case, the company said Thursday.

  • May 23, 2024

    Resignation Letter Bylaws Targeted In Five Del. Class Actions

    General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

  • May 23, 2024

    Fed. Circ. Says Winery Minority Owner Can't Try To Cancel TM

    The Federal Circuit has affirmed a Trademark Trial and Appeal Board decision that a family trust that is a minority owner of Paul Hobbs Winery, which owns the trademark registration on the name of winemaker Paul Hobbs, does not have the right to seek cancellation of registrations on certain trademarks.

  • May 23, 2024

    4th Circ. Rules No Coverage For Mars' COVID Losses

    Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

Expert Analysis

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • IP Suits Over Brand Owner Font Use Offer Cautionary Tales

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    Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • FTC Warning Letters Note 5 Mistakes For Influencers To Avoid

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    The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.

  • Ohio Voters Legalize Cannabis — What Comes Next?

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    This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

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