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Food & Beverage
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September 25, 2024
Court Defers Ruling On Challenge To Arkansas Hemp Law
An Arkansas federal judge has deferred a final ruling on a challenge to a state law banning hemp-derived intoxicating products while a pending appeal plays out in the Eighth Circuit.
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September 25, 2024
Poppi's 'Gut Healthy' Sodas Are Harmful To The Gut, Suit Says
The maker of Poppi-brand sodas misleadingly advertises the products as "prebiotics for a healthy gut," despite the fact that it's full of sugar, which is harmful to overall health and heightens the risk of obesity, Type II diabetes and other issues, alleges a putative class action filed in California federal court.
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September 25, 2024
Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ
A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.
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September 25, 2024
Bar Works Crook Gets 7 Years For Role In $57M Global Fraud
A Manhattan federal judge hit an English real estate marketer with a seven-year prison sentence on Wednesday for joining what prosecutors call a global Ponzi scheme that tricked investors into pouring $57 million into the bogus workspace share venture Bar Works.
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September 24, 2024
Aristocrat Wins Injunction In Slot Machine Trade Secret Row
A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.
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September 24, 2024
Calif. Gov.'s Emergency Hemp Intoxicant Ban Wins Approval
California retailers are no longer allowed to sell hemp products containing tetrahydrocannabinol after the Golden State's Office of Administrative Law on Monday approved Gov. Gavin Newsom's emergency ban, a move a leading hemp trade group has vowed to challenge.
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September 24, 2024
10th Circ. Judge Wants More Info Before Arbitration Decision
A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.
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September 24, 2024
NLRB Office Signs Off On Near $450K Deal With Musk Brother
A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.
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September 24, 2024
Darden Committed 'Wage Abuse' Against Workers, Suit Says
Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.
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September 24, 2024
Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss
Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.
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September 24, 2024
8th Circ. Mulls Arkansas' Authority To Regulate Hemp
An Eighth Circuit panel on Monday pushed attorneys for the state of Arkansas and a group of hemp companies to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.
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September 23, 2024
Albertsons Says Wash. AG 'Cherry-Picked' Merger Fears
Counsel for Albertsons accused Washington regulators Monday of cherry-picking comments from the grocer's CEO hyping Kroger as key competition to bolster the government's case for blocking the merger and overcame the state's objections to introduce emails where the CEO expressed fears about Costco, Walmart and Amazon's ever-expanding reach.
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September 23, 2024
Need To Bag Your Groceries? You Can Have Paper, Calif. Says
California grocery stores won't be allowed to offer plastic bags of any kind in their checkout lines under a new law signed by Gov. Gavin Newsom a day before the California Attorney General's Office on Monday accused Exxon Mobil Corp. of inundating the state with plastic waste.
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September 23, 2024
Tyson, Cargill Want Appeal Of Pollution Verdict Plan Certified
Tyson, Cargill and other poultry producers have urged an Oklahoma federal judge to certify their interlocutory appeal of a plan to hash out remedies concerning a river pollution trial that took place over a decade ago, arguing that the record is far too "stale" to support forward-looking relief now.
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September 23, 2024
Holland & Knight Lands McDermott FDA Regulatory Pro
Holland & Knight LLP has nabbed a partner from McDermott Will & Emery LLP with extensive experience representing clients in regulatory matters before the U.S. Food and Drug Administration, the firm announced Monday.
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Kroger Fights FTC's Bid To Move Constitutionality Case
Kroger is fighting to keep its challenge to the Federal Trade Commission's in-house courts in Ohio federal court, pushing back against the agency's effort to get it paused or moved to Oregon, where the FTC's case against the company's merger with Albertson's is already playing out.
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September 23, 2024
Class Gets Cert In Suit Over Dave's Killer Bread Protein Claims
A California federal judge on Friday granted class certification to a group of consumers alleging that Dave's Killer Bread and Flowers Foods violated U.S. Food and Drug Administration labeling regulations by leaving out required protein content information, finding that the consumers had standing.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
Chicago's DoorDash Fee Claims Get Two-Year Limit
An Illinois federal judge on Friday pared down a lawsuit brought by the city of Chicago accusing DoorDash of using various deceptive practices to fool customers into paying higher prices, holding that claims under the city's municipal code that accrued more than two years before the city filed suit are time-barred.
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September 23, 2024
Insurer Can't Escape Toddler Injury Suit Over Dollar Tree Mints
A Missouri federal judge tossed an insurer's bid to escape coverage of underlying litigation alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree, writing that the carrier's "broad interpretation" of its total pollution exclusion "yields an absurd result."
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September 23, 2024
Trade Commission Spares Chinese Wine Bottles From Duties
The U.S. International Trade Commission found that Chinese glass wine bottles that are subsidized by Beijing are not harming U.S. producers, sparing the imports from steep countervailing duties from the U.S. Department of Commerce.
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September 20, 2024
JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says
JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.
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September 20, 2024
Wash. Strikes Deal With Wild Fish Groups To End ESA Row
Two conservation groups have struck an agreement with Washington state to drop a claim that some of its hatchery programs are unlawfully imperiling protected wild salmon on the Lower Columbia River, though the groups will continue to pursue similar claims against Oregon and the National Marine Fisheries Service.
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September 20, 2024
Domino's Execs Concealed Store Closure Woes, Investor Says
Domino's is facing a proposed class action filed Friday in Michigan federal court by an investor who says the pizza chain overhyped plans to launch more than 1,100 stores across the globe over a four-year period while concealing that a major franchisee faced significant hurdles with store openings and closures.
Expert Analysis
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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.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.