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Food & Beverage
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June 17, 2024
Commerce Says Trimmed Garlic Covered By Fresh Garlic Duty
The U.S. Department of Commerce ruled Monday that peeled and trimmed garlic is covered by an anti-dumping duty order on fresh Chinese garlic.
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June 17, 2024
High Court Will Mull Proof Needed For Wage-Hour Carveout
The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.
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June 14, 2024
Novel Ill. Swipe Fee Law Sparks New Banks V. Retailers Battle
Illinois lawmakers have passed first-of-their-kind restrictions on swipe fees that represent a major, multimillion-dollar victory for retailers, but they could also set up a legal clash with bankers, who warn that the state risks turning into a national payments pariah.
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June 14, 2024
Potato Co.'s Software Rollout Fried Its Revenue, Suit Says
Potato product manufacturer Lamb Weston has been hit with a proposed shareholder class action in Idaho federal court alleging that it concealed from investors information about the botched implementation of software that had been intended to improve the efficiency of the company's operations but ended up costing the company millions in lost sales.
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June 14, 2024
Motif Gets Most Of Impossible Foods Patent Trimmed At PTAB
The Patent Trial and Appeal Board has invalidated claims of an Impossible Foods Inc. meat-substitute patent that food technology company Motif Foodworks Inc. had challenged, finding they were obvious.
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June 14, 2024
GOP AGs Demand Stay For DOL's H-2A Protections Rule
Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.
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June 14, 2024
Chinese Delivery Co. To Settle IPO Class Action For $4.9M
Chinese grocery vendor Missfresh Ltd. has agreed to settle an investor class action accusing it of making several misleading statements in the months leading up to its initial public offering, including in regulatory filings and to the media, for $4.9 million.
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June 14, 2024
Steakhouse Can't Shake Off $2.5M Verdict In NJ Injury Suit
A New Jersey federal judge has denied Outback Steakhouse's bid for a new trial after a jury awarded $2.5 million to a woman who slipped and broke her hip and femur in one of its Garden State restaurants, stating the company was late with some arguments and unconvincing with others.
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June 14, 2024
Insurer Seeks Quick Exit In Casino $130M COVID Loss Suit
The insurer of a casino operator with properties on the Las Vegas strip and beyond told a Nevada federal judge to toss a $130 million COVID-19 pandemic loss coverage suit, arguing it had already paid $1 million — the only benefits due under the all-risk policy.
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June 14, 2024
'Alkaline Water' Co. Owes Another $3.1B For Liver Failures
A Las Vegas jury awarded $3 billion in punitive damages and $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
Popeyes Accused Of Skimping On Breaks And Wages
Popeyes made employees in California work through lunch and rest breaks without appropriate pay and provided them with "confusing" wage statements, according to a putative class action lodged in a Los Angeles court.
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June 14, 2024
Burford Bound To Sysco And Pilgrim's Unsigned Chicken Deal
An Illinois federal judge on Friday rejected a Burford subsidiary's bid to block a global protein price-fixing settlement that Pilgrim's Pride and Sysco memorialized through email but never signed on paper, saying it's clear the parties reached a material agreement.
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June 14, 2024
Dunkin' Franchise Must Face Customer's Race Bias Suit
An intermediate appellate court in Massachusetts on Friday revived part of a lawsuit brought by a Black customer of a Dunkin' franchise who says an employee deliberately ignored his order for 15 minutes, then threw his food at him and called him a racist epithet.
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June 14, 2024
Whole Foods Uses Tiny Label Font To Hide Costs, Suit Says
Whole Foods has been accused of hiding deposit fees and other costs with a barely perceptible font size on its labels, according to a proposed class action removed to Brooklyn federal court Friday.
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June 14, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.
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June 14, 2024
Japan's Kirin Plans $1.4B Fancl Purchase Amid Health Kick
Kirin Holdings Co. said Friday that it plans to buy the remaining shares it doesn't own in Fancl Corp. for about $1.4 billion, part of the Japanese beverage giant's continued push into the consumer health sector.
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June 13, 2024
DirecTV's 'NFL Tax' Gouged Sunday Ticket Buyers, Jury Told
DirecTV gouged its Sunday Ticket subscribers by charging 24.6% above the "optimal price" it should have charged if the company was looking to maximize its profits instead of instituting an "NFL tax," an economist told a California federal jury considering multibillion-dollar antitrust claims against the league on Thursday.
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June 13, 2024
IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work
A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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June 13, 2024
Mich. Co. Claims Mexico Owes $2.7B For Illegal Land Grab
A Michigan consumer products manufacturer has asked an international tribunal to order Mexico to pay it $2.7 billion, saying the country wrongfully seized 700 acres of the company's agricultural land in the Mexican state of Jalisco.
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June 13, 2024
Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP
A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."
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June 13, 2024
Wawa Beats Suit By Man Who Lost Leg In Crash Outside Store
A New Jersey appellate court handed a victory to Wawa on Thursday, ruling that the convenience store didn't own the area outside the store where a customer lost his leg in a car accident while jaywalking and thus was not liable.
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June 13, 2024
Subway Can't Nix Arb. Award To Family Of Murdered Worker
A Texas appellate panel on Wednesday declined to vacate an arbitration award to the family of a woman killed while working at Subway after rejecting Subway's argument the neutral arbitrator's Facebook posts complaining about State Farm and its attorneys are evidence of bias, finding neither are involved in the underlying case in any way.
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June 13, 2024
Payroll Records Doom Restaurant's Bid For H-2B Bartenders
A U.S. Department of Labor judge has refused to let a Maryland business hire eight foreign bartenders, saying payroll information undermined claims that the business was experiencing surging demand between the spring and fall.
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June 13, 2024
New Evidence Triggers Amended Misclassification Complaint
Growers accusing a chicken farm of misclassifying them as independent contractors can amend their suit, a South Carolina federal judge ruled Thursday, agreeing that new evidence they obtained could expand the suit's reach.
Expert Analysis
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.