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Food & Beverage
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August 20, 2024
Mondelez Customer Calls Cocoa Sourcing Label Deceptive
Oreo cookies maker Mondelez International Inc. has been hit with proposed class claims in Illinois federal court that its snack packaging misleads customers into thinking the company sources its cocoa ethically when its supply chain really contributes to "grievous and unsustainable labor abuses."
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August 20, 2024
Burford Fights Order Backing Chicken Price-Fixing Settlement
A Burford Capital Unit tried again Monday to unbind itself from a chicken price-fixing settlement that Sysco sealed via email with Pilgrim's Pride, arguing in Illinois federal court that the Seventh Circuit has criticized the order backing the settlement as "fatally flawed."
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August 20, 2024
EPA Finalizes Herbicide Strategy To Protect Listed Species
The U.S. Environmental Protection Agency on Tuesday released a final strategy to protect nearly 1,000 threatened and endangered species and crucial habitat from herbicides, outlining measures to reduce their exposures to the chemicals.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
BCLP Biz Litigator Jumps To Faegre Drinker In Chicago
Faegre Drinker Biddle & Reath LLP is boosting its trial team, announcing Monday it has brought in a business litigator from Bryan Cave Leighton Paisner LLP as a partner in its Chicago office.
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August 19, 2024
Pilgrim's Pride Agrees To Pay $100M In Chicken Farmers' Suit
Pilgrim's Pride will pay $100 million to broiler chicken farmers to settle claims it conspired with other competitive chicken producers to suppress farmer compensation, according to the plaintiffs' preliminary approval bid filed Friday in Oklahoma federal court.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Colo. Justices Won't Hear Cheese Heiress' Appeal
The Colorado Supreme Court on Monday declined to hear an appeal from a minority owner of a private, $5 billion cheese company in her case against the company's former CEO, who is also her uncle, in her failed billion-dollar suit over alleged shareholder oppression.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Aramark Gets Green Light For Solo Turkey Antitrust Case
An Illinois federal judge has refused to dismiss Aramark's individual antitrust lawsuit alleging that turkey producers exchanged competitively sensitive information, rejecting arguments that the claims were untimely because the statute of limitations was tolled by the filing of a similar class action in 2019.
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August 19, 2024
Civil Rights Activist's Name Being Stolen For Diner, Suit Says
The fight over the name of a New Jersey diner has spilled into federal court, with the family of a former operator and Garden State civil rights icon claiming the now-owners of the building home to the eponymous "Mr. G's" can't reopen it with the same name.
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August 19, 2024
Insurer Blames Panda Express Grease For $176K Water Leak
An insurer demanded Chinese fast food chain Panda Express Inc. repay it more than $176,000 for damages allegedly caused when the restaurant's grease-filled pipes backed up, leaking water into a clothing store covered by the insurer, in a case the eatery moved to Washington federal court.
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August 19, 2024
Calif. Lawmakers Decline To Advance Hemp THC Law
A California bill that would have imposed new THC limits on hemp consumables is unlikely to become law this year, after lawmakers declined to move it out of committee.
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
Recipe Changing For NYC Restaurant Wage Suits
After years of million-dollar settlements with their waiters and front-of-house staff, most of New York’s large restaurants have equipped themselves with attorneys and compliance pros to head off potential lawsuits, while mom-and-pop eateries often struggle to keep up with evolving wage and tipping rules.
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August 19, 2024
7-Eleven Parent Confirms Canadian Takeover Offer
The parent company of 7-Eleven said Monday that it has received a preliminary takeover proposal from Canada-based Alimentation Couche-Tard, a revelation that comes a year after the business faced activist pressure.
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August 16, 2024
9th Circ. Throws Alaska Fishers A Lifeline In Orca Food Case
Alaskan salmon fishers got the green light to continue their hunts as the Ninth Circuit on Friday said a Washington federal judge "glossed over" severe economic consequences in holding that the fishing illegally reduced a food source for endangered orcas in Washington state.
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August 16, 2024
PepsiCo Can't Nix Suit Over Gatorade Bars' 'Health Halo'
A California federal judge trimmed but declined to toss a putative consumer class action alleging PepsiCo created a "deceptive health halo" around its Gatorade brand protein bars, ruling that three self-proclaimed fitness enthusiasts plausibly alleged reasonable consumers could be misled by the company's marketing, ads and labels.
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August 16, 2024
Burger King Sued For Books In Del. On Big Site Buy
Burger King investors filed a Delaware Court of Chancery lawsuit Friday seeking a look at the burger chain's books and records on the merger with its parent company, Restaurant Brands International Inc., arguing the information is necessary to confirm whether the deal was fair.
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August 16, 2024
Servers Get Partial Win In Tip Suit Against Restaurant Chain
Servers claiming a restaurant chain violated tip credit regulations can snag a partial win in their suit, an Ohio federal judge ruled, saying they performed enough untipped work, but they didn't spend enough time performing tip-supporting tasks.
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August 16, 2024
9th Circ. Upholds Tribe's Win In Washington Dam Suit
The Ninth Circuit on Friday upheld an order requiring that a Washington hydroelectric company alter its rock pile dam on the Puyallup River, handing another win to the Puyallup Tribe of Indians, which says the dam is threatening several species of endangered fish.
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August 16, 2024
TCJA's Estate Tax Treatment Shouldn't Change, Panel Told
If the Tax Cuts and Jobs Act's estate tax exemption increase is allowed to lapse in 2025, many family farms in the Midwest would face tough choices, including whether to sell to large corporations, panelists told the House of Representatives' Ways and Means Committee on Friday.
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August 16, 2024
Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services
A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.
Expert Analysis
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
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.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
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.
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Series
Rock Climbing Makes Me A Better Lawyer
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.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
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.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
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.
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What High Court TM Rulings Tell Us About Free Speech
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.
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Series
Being A Luthier Makes Me A Better Lawyer
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.
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Defending Against Aggressive DOL Child Labor Enforcement
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.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
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.