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Food & Beverage
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May 20, 2024
7-Eleven Says Insurer Must Cover Wrongful Death Suit
The insurer of a Houston 7-Eleven lessee facing negligence claims after one person was fatally shot and another was injured on its property must also cover 7-Eleven corporate in the litigation, the convenience store giant said, though conceding the lessee store's policy didn't specifically include 7-Eleven as an additional insured.
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May 20, 2024
Agricultural Groups Agree To Toss Claim In H-2A Rule Dispute
Several Florida-based agricultural groups agreed to toss a claim in their suit challenging the U.S. Department of Labor's rule raising the wages of H-2A agricultural workers, saying while they still believe the allegation is viable, trimming the suit will expedite the litigation.
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May 20, 2024
Latham Hires 2 Skadden Healthcare Partners In DC
Latham & Watkins LLP has picked up two healthcare and life sciences partners from Skadden Arps Slate Meagher & Flom LLP in Washington, D.C., the firm announced Monday.
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May 20, 2024
Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal
Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.
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May 20, 2024
Justices Reject Hearst's 'Discovery Rule' Petition In Pics Case
The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that found Hearst Newspapers liable for infringing copyrighted photos of Ireland's "Guinness Castle," even though the suit was filed past the three-year statute of limitations.
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May 20, 2024
High Court Skips Fight Over 'Impossible' TM Name
The U.S. Supreme Court on Monday declined a cert petition from Illinois-based marketing consulting firm Impossible X LLC, which had asked the justices to review a Ninth Circuit ruling that revived a trademark complaint against it from veggie-burger maker Impossible Foods Inc.
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May 20, 2024
Red Lobster Hits Ch. 11 Reeling From Endless Shrimp Deals
The Red Lobster seafood restaurant chain has filed for Chapter 11 protection in a Florida bankruptcy court with $294 million in debt and sale plans, saying its problems included its equity owner and shrimp supplier possibly pushing it into a disastrous all-you-can-eat shrimp offer.
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May 17, 2024
Kirkland-Led Hotpot Chain Sizzles In US Listing Debut
Shares of Super Hi International Holdings Ltd. rallied in debut trading Friday after the Singaporean hotpot restaurateur priced a $53 million U.S. initial public offering, represented by Kirkland & Ellis LLP and underwriters' counsel Paul Hastings LLP, marking the latest of several cross-border listings in the U.S. pipeline.
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May 17, 2024
Co-Lead Counsel Named In Baby Food Toxins MDL
A California federal judge has tapped attorneys from Wisner Baum LLP and the Wagstaff Law Firm PC to lead multidistrict litigation alleging products from baby food manufacturers and distributors, including Walmart Inc. and Gerber Products Co., contain toxic metals and caused children to develop autism spectrum disorder and other conditions.
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May 17, 2024
Zero Duty Doesn't Address Exporter's Benefits, Calif. Biz Says
A juice wholesaler's attorney argued Friday that the U.S. Department of Commerce ignored the relationship between a Brazilian lemon juice exporter and its supplier, while calling for higher duties to account for benefits the Brazilian company may have received.
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May 17, 2024
Home Distillers Tell Feds Ban Fails Under Spirit Of The Law
The Hobby Distillers Association said the federal government is exceeding its constitutional powers and treading on states' rights by banning homemade liquor under its taxing authority, as the group laid out its position Friday at the request of a Texas federal judge.
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May 17, 2024
Koch-Tied Group Says Transparency Law Offends Federalism
The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.
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May 17, 2024
EEOC Sues Smithfield Foods In Ga. For Age Discrimination
The U.S. Equal Employment Opportunity Commission filed suit against Smithfield Foods Inc. and Smithfield Fresh Meats Sales Corp. in Georgia federal court on Friday for age discrimination, alleging the companies violated federal law by firing a senior sales employee because of her age.
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May 17, 2024
DOL Fails To Win Order Barring Retaliation On Pork Workers
A Tennessee federal judge rebuffed a request from the U.S. Department of Labor to bar a pork producer from retaliating against workers providing information about wages, ruling that the department had failed to show that any retaliation had occurred.
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May 17, 2024
$5M Candy Recall Coverage Dispute Moved To Texas Court
An insurer's lawsuit disclaiming coverage for a candy manufacturer over a near $5 million recall over metal fragments found in certain gummy candies belongs in Texas, a New York federal judge has ruled, finding that the action was "filed preemptively to deprive the natural plaintiff of its choice of forum."
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May 17, 2024
Nestle Assistant GC Joins Mayer Brown's IP Practice In LA
Mayer Brown LLP has hired Nestle's U.S. head of brand intellectual property as counsel for its global IP practice in Los Angeles.
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May 17, 2024
Tilray To Raise Money For Deals Amid US Pot Policy Change
Cannabis lifestyle and consumer packaged goods company Tilray Brands Inc. on Friday said it plans to raise money to fund future acquisitions and expansion, in an announcement that comes just one day after President Joe Biden revealed that his administration is formally relaxing restrictions on marijuana.
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May 17, 2024
Kitchenware Cos. Seek Duties On Chinese Disposable Pans
A group of domestic companies that produce disposable aluminum pans is pushing for tariffs on Chinese imports, telling U.S. trade officials that its overseas rivals are using unfair trade practices to get ahead of the competition.
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May 16, 2024
Albertsons Sued Over 'Naturally Flavored' Fruit Bar Labels
Albertsons Cos. Inc. was hit with a proposed class action Wednesday in California federal court by a shopper who alleges the grocer falsely labels its breakfast cereal bars as containing natural flavors even though they're made with artificial ingredients derived from petrochemicals.
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May 16, 2024
FTC Can't Make Albertsons, Kroger Produce Divestiture Docs
An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.
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May 16, 2024
Fed. Circ. Grills Sherwin-Williams, PPG On Coating Patents
The judges of the Federal Circuit had tough questions for both sides Thursday as Sherwin-Williams Co. appealed a jury verdict that its beverage can coating patents are invalid due to earlier patents issued to PPG Industries Inc., which was accused of infringement.
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May 16, 2024
Whirplool, Others Must Face Trimmed Gas Stove Safety Suits
Whirlpool Corp., Samsung Electronics and BSH Home Appliances Corp. must face trimmed claims in a trio of proposed class actions accusing them of failing to disclose to consumers the pollutant risks associated with natural gas stoves, a California federal judge ruled.
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May 16, 2024
Deals Rumor Mill: Shein IPO, Kraft Heinz, Cinven-Jaggaer
Online fashion giant Shein is shifting IPO plans from the U.S. to London amid resistance from U.S. lawmakers and Chinese regulators, Kraft Heinz wants to sell its Oscar Mayer business, and private equity firm Cinven hopes to divest software firm Jaggaer for $3 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.
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May 16, 2024
11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit
An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."
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May 16, 2024
Burger King Franchisee Seeks BIPA Coverage Quick Win
A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.
Expert Analysis
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Boeing Opinion Strikes Blow Against Overpayment Theory
The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Compliance Primer: Foreign Investment In US Real Property
The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.
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New Initiatives Will Advance Corporate Biodiversity Reporting
Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Cos. Can Prioritize Accessibility Amid Increase In Suits
The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Lessons On Arbitration Carveouts From Diddy-Diageo Suit
After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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NY Rulings Show Tough Odds For 'Made With' Class Actions
Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.
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Practice Tips To Help Keep Patent Reissuance Options Open
The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.