Food & Beverage

  • December 10, 2024

    AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive

    The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.

  • December 10, 2024

    6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections

    A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.

  • December 10, 2024

    Crown Packaging Can Patents Ruled Invalid In Reversal

    The Federal Circuit ruled Tuesday that a series of Crown Packaging's patents on a machine that produces aluminum beverage cans is invalid, the latest in a case where a federal jury found that rival Belvac Production Machinery Inc. did not infringe the patents.

  • December 10, 2024

    $24.6B Kroger-Albertsons Merger Blocked By 2 Judges

    Kroger's planned $24.6 billion purchase of Albertsons suffered double whammy blows Tuesday, first from an Oregon federal judge who temporarily blocked the deal in a Federal Trade Commission challenge, and then from a Washington state judge who sided with the state's attorney general and issued a permanent, national block.

  • December 10, 2024

    NY Appealing Judge's Dismissal Of Plastic Pollution Suit

    New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.

  • December 10, 2024

    Atty Recommended For Sanctions After 'Bad Faith' Filings

    A Florida magistrate judge has recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying his duplicate filings — including four motions to reconsider a single order — amount to bad faith.

  • December 10, 2024

    Utah Beverage Canning Co. Seeks Sale In Ch. 11

    A company that makes and fills beverage cans has filed for Chapter 11 protection in Utah bankruptcy court with $476 million in debt, saying COVID-19 caused delays in the opening of its Salt Lake City facility that left it with too little liquidity to continue.

  • December 09, 2024

    Campbell's Accuses Rival Of Copying Iconic Can Design

    The Campbell's Co. is accusing a competitor of copying the soup giant's "famous and iconic" can design, claiming in a New Jersey federal court complaint that the other company intentionally leveraged the mimicry to its benefit.

  • December 09, 2024

    Kellogg Retirees Say DOL's Brief Backs 6th Circ. Revival

    A proposed class of married Kellogg retirees alleging their pension annuity payouts were lowballed by the cereal company due to outdated mortality assumptions used in conversions is urging the Sixth Circuit to heed a recently filed brief from the U.S. Department of Labor backing workers seeking to revive a similar dispute in the Eleventh Circuit.

  • December 09, 2024

    Settlements Don't Strip Appellate Rights, Mich. Panel Says

    A litigant did not lose the right to appeal an adverse ruling because she later voluntarily dropped her remaining claims and failed to reserve her right to appeal, a special seven-judge Michigan state appeals court panel said Friday.

  • December 09, 2024

    Hearthside Settles Illinois Child Labor Investigation For $4.5M

    The parent company of snack maker Hearthside Food Solutions has asked a Texas bankruptcy judge to approve a $4.5 million settlement that Hearthside reached with the Illinois attorney general and the Illinois Department of Labor over their investigation into claims of violations of the state's child labor laws.

  • December 09, 2024

    2nd Circ. Compares Trader Joe's Execs' COVID Trips For Bias

    The way that Trader Joe's treated a similarly situated male employee is critical to the success of a sex discrimination lawsuit brought by a female ex-vice president who was fired after taking a vacation in the early days of the COVID-19 pandemic, judges of the Second Circuit suggested Monday.

  • December 09, 2024

    Ohio Justices Won't Revise 'Boneless' Wings Ruling

    The Ohio Supreme Court on Monday declined to reconsider its decision backing the dismissal of a suit from a man injured when he ingested a bone in a "boneless" chicken wing, though two justices sharply criticized the decision as politically motivated and a dark harbinger for Ohioans.

  • December 09, 2024

    Pa. Fudge Maker Seeks Atty Fees In 'Moonshine' TM Fight

    Even though a Pennsylvania jury had found that Local Yokels Fudge and Christopher Warman's ex-wife had copied his secret "Chocolate Moonshine" fudge recipe, the defendants want Warman to pay some of their legal bills because they say he made frivolous trademark claims and falsely claimed they were still using the recipe after the 2023 trial.

  • December 09, 2024

    Famous Steakhouse Chain's Ex-GC Gets Go-Ahead For Bias Suit

    The ex-general counsel of iconic steakhouse chain The Palm Restaurant can move ahead with a discrimination lawsuit claiming she was ousted after a 2020 bankruptcy sale, a New York federal court ruled Monday.

  • December 09, 2024

    Menendez Verdict Wasn't Tainted By Evidence Error, Feds Say

    Prosecutors told a Manhattan federal judge that evidence that was mistakenly loaded onto a laptop given to the jury that convicted former Sen. Bob Menendez, D-N.J., of bribery charges most likely wasn't seen by the jurors and didn't impact their verdict in a way that would merit a new trial.

  • December 09, 2024

    Paul Hastings, Paul Weiss Lead $6.7B Pactiv Evergreen Sale

    Packaging products maker Novolex, advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Monday announced that it will combine with food merchandising product manufacturer Pactiv Evergreen, led by Paul Hastings LLP, in a $6.7 billion take-private deal that is backed by private equity funds.

  • December 06, 2024

    USDA Orders Raw Milk Be Tested For Bird Flu

    The U.S. Department of Agriculture on Friday issued a federal order requiring raw milk across the country to be tested as part of an effort to control and stop the spread of bird flu.

  • December 06, 2024

    Judge Denies Publix Bid To Appeal Opioid Coverage Ruling

    A Florida federal judge on Friday rejected Publix's request for a judgment that would have allowed it to immediately appeal a decision that said seven of its insurance policies didn't provide coverage for opioid lawsuits the grocery chain is facing.

  • December 06, 2024

    High Court Bar's Future: Gupta Wessler's Jennifer Bennett

    As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.

  • December 06, 2024

    Creditor Says Failed Solar Biotech Bidder Shouldn't Get Fee

    A creditor of Solar Biotech asked a Delaware bankruptcy judge to deny a request to pay the failed stalking horse bidder's $456,000 breakup fee, arguing there was no evidence the protections were necessary or that the bidder relied on them.

  • December 06, 2024

    Taxation With Representation: Skadden, Gibson Dunn

    In this week's Taxation With Representation, BlackRock buys HPS Investment Partners, TreeHouse Foods Inc. buys Harris Tea, Aya Healthcare acquires Cross Country Healthcare, and Bruin Capital launches a soccer representation business.

  • December 05, 2024

    Dunkin' Fruit-Named Drinks Have No Fruit, False Ad Suit Says

    Dunkin' falsely markets its "Refresher" line of caffeinated beverages with names of specific fruits despite not containing any of the fruits, cheating consumers out of the "premium" fruit ingredients and their health benefits, alleges a new proposed false advertising class action filed Wednesday in New York federal court.

  • December 05, 2024

    'Krank3d' TM Too Close To Rival 'Krank'd': 11th Circuit

    The Eleventh Circuit on Wednesday refused to disturb a lower court's decision temporarily barring energy drink maker Hi-Tech Pharmaceuticals from using the trademark "Krank3d," agreeing with the district court that the mark appears to be too similar to a competitor's "Get Krank'd" trademark.

  • December 05, 2024

    Texas Lt. Gov. Wants Ban On Hemp-Derived THC Products

    Texas Lt. Gov. Dan Patrick has unveiled legislation that looks to ban all forms of consumable THC, including hemp products that "might include unremovable, nonintoxicating trace amounts of delta-9 THC."

Expert Analysis

  • How Cannabis Rescheduling May Affect Current Operators

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    The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • A Look At Calif. Contract Considerations In Fiji Water Ruling

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    A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

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