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Food & Beverage
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January 28, 2025
6th Circ. Seems Cold To Dairy Queen Franchisee's Sale Appeal
A Sixth Circuit panel appeared skeptical Tuesday that Dairy Queen violated the terms of a franchise agreement with the owners of a dozen restaurant locations in Michigan by blocking the proposed sale of two stores.
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January 28, 2025
Faegre Drinker Adds Ex-Smithfield Foods Deputy GC In DC
Faegre Drinker Biddle & Reath LLP has grown its food and agribusiness litigation capabilities with the addition of the former deputy general counsel for pork processor Smithfield Foods.
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January 27, 2025
Pilgrim's Pride, Investors Ink $41.5M Price-Fixing Deal
Investors in Pilgrim's Pride asked a Colorado federal judge Friday to greenlight a settlement with the meat company and its former CEO, who have agreed to pay $41.5 million to resolve long-running claims over misrepresentations and price-fixing in the broiler chicken market that led to artificially inflated stock prices.
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January 27, 2025
Gerber, Nestle Sued Over Claims Of Metal In Baby Food
A mother has filed suit against baby food manufacturers, including Gerber Products Co., Beech-Nut Nutrition Co. and Walmart Inc., claiming her child developed autism after consuming their products, which were tainted with heavy metals, and she is seeking to join the larger multidistrict litigation.
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January 27, 2025
Ga. Appeals Panel Revives Malpractice Suit Against Law Firm
The Georgia Court of Appeals partly reinstated a malpractice suit accusing a Georgia law firm and one of its former attorneys of failing to show up at a client's bench trial that ended with a $100,000 judgment against the client.
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January 27, 2025
Walmart Hit With False Ad Suit Over Instant Mac And Cheese
Walmart Inc. was hit with a putative false advertising class action in California federal court by customers who say the retail giant falsely markets its Great Value brand of instant macaroni and cheese products as containing no artificial preservatives and flavors, despite citric acid being part of the ingredients list.
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January 27, 2025
Compass Group Illegally Solicits Genetic Info, Suit Says
Food service company Compass Group's U.S. arm has been hit with genetic privacy claims brought by a proposed class in Illinois state court for allegedly requiring job applicants to disclose their personal medical history information during physical examinations.
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January 27, 2025
Fed Fisheries Seek Win In Tide Gate Fight Over Salmon
The National Marine Fisheries Service has sought an early win in a suit by a county dike district challenging a U.S. government biological opinion that says a proposed tide gate project endangers salmon, telling a Washington federal judge that its ecological findings are reasonable.
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January 27, 2025
4 Things The Menendez Trial Judge Will Weigh At Sentencing
When he sentences former U.S. Sen. Robert Menendez on federal bribery and corruption charges Wednesday in New York federal court, U.S. District Judge Sidney Stein will weigh the politician's lifetime of public service against the stark evidence of his crimes.
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January 27, 2025
Fla. Judge Accused Of Bias In Energy Drink Co. Ch. 11
A Florida federal bankruptcy judge overseeing the Chapter 11 case of the company that makes Bang energy drinks was sued by its founder, who alleged the judge was biased throughout the proceedings and made several rulings that financially harmed him and the company.
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January 27, 2025
Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row
A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.
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January 24, 2025
Fed. Circ. Partly Revives Steuben's Win In $38M IP Trial
The Federal Circuit largely revived Steuben Foods' infringement victory from a jury trial on Friday, in an opinion that also delved into the status of the rarely used reverse doctrine of equivalents.
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January 24, 2025
Ex-Koch Managers Ask 11th. Circ. To Undo Assault Verdict
The Eleventh Circuit on Friday considered whether to reverse assault and battery verdicts against two former Koch Foods human resource managers accused of inviting an employee to their home, propositioning her and subjecting her to disciplinary action at work when she refused their advances.
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January 24, 2025
Deere Loses Fed. Circ. Bid To Revive Seeding Patent Fight
The Federal Circuit on Friday shot down John Deere's appeal of its loss at the lower court in a case where a jury found that a rival's SpeedTube products didn't infringe a pair of patents, affirming a lower court's denial of the farming equipment giant's bid for a new trial.
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January 24, 2025
Agri Stats Demands Details On DOJ's Info-Sharing Claims
Agri Stats has accused the U.S. Department of Justice of refusing to identify specific data fields in the company's reports that allegedly allowed chicken, pork and turkey producers to exchange competitively sensitive information, as it readies its defense in the agency's antitrust case.
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January 24, 2025
Scorned Hot Dog Biz Buyer Urges NC Justices To Revive Suit
A businessman who claims he was cut out of a deal to buy a chain of Ohio hot dog eateries urged the North Carolina Supreme Court to revive his suit against a man who the businessman said was supposed to be his partner, arguing only a jury can resolve the matter.
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January 24, 2025
Campbell's Unit Accused Of Failing To Pay For Off-Clock Work
A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.
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January 24, 2025
Circle K Fails To Pay For Travel Costs, Manager Says
Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.
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January 23, 2025
'Bad Spaniels' Toy Dilutes, Doesn't Infringe Jack Daniel's TM
A "Bad Spaniels" dog toy parodying Jack Daniel's iconic whiskey bottle does not infringe trademark rights but does dilute the whiskey maker's trademarks and trade dress, an Arizona federal judge ruled Thursday, following the U.S. Supreme Court's ruling that the First Amendment does not shield the toy's maker.
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January 23, 2025
Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels
An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.
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January 23, 2025
Chinese, Thai And Vietnamese Paper Plates Hit With Duties
The U.S. Department of Commerce will impose duties on paper plates from China, Vietnam and Thailand, finding those countries unfairly subsidized that product, giving them an unfair advantage in the U.S. market, according to a statement.
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January 23, 2025
Connecticut Lawmaker Files Cannabis Cafe Bill
A Democratic Connecticut lawmaker on Wednesday introduced a bill to legalize Amsterdam-style cafes and restaurants where patrons can consume cannabis on-site.
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January 23, 2025
Walmart Strikes Deal To End Delivery Driver's Wage Suit
Walmart reached a deal to resolve a former worker's lawsuit accusing the company of misclassifying its app-based delivery drivers as independent contractors and failing to provide them the guaranteed wages, breaks and benefits owed to employees, a filing in Washington federal court said.
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January 23, 2025
Turkey Buyers Get Classes Certified For Antitrust Claims
An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.
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January 23, 2025
Starbucks Claims Ex-Exec Owes Company $830K
Starbucks claimed in New Jersey federal court Wednesday that a former senior vice president has failed to pay back the pro rated portion of his $1 million signing bonus, saying the former employee owes $830,000.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.