Food & Beverage

  • September 19, 2024

    Wash. Justices Strike Down County's Rural Winery Regs

    The Washington State Supreme Court has struck down an Evergreen State county's regulations for wineries and tasting rooms on rural land near Seattle, saying Thursday the local government violated long-term planning and land use law by downplaying potential environmental consequences of the rules before passing them.

  • September 19, 2024

    Food Safety Org Says EPA Stalling On Sharing Pesticide Info

    The U.S. Environmental Protection Agency is illegally failing to provide important records about how it assesses pesticides' ecological impact and human health risks, the Center for Food Safety said in a new lawsuit.

  • September 19, 2024

    Hormel Foods Can't Beat Retirement Fund Management Suit

    Hormel Foods Corp. can't avoid a proposed class action claiming it failed to remove high-cost investment options with poor return rates from its $1.2 billion retirement plans, with a Minnesota federal judge ruling the worker leading the suit identified suitably comparable funds that performed better.

  • September 19, 2024

    Tyson Foods Hit With Greenwashing Suit For 'Net-Zero' Claim

    Tyson Foods Inc. has been slapped with a complaint by the Environmental Working Group in D.C. Superior Court, accusing the country's second-largest meat company of falsely claiming it will be net-zero by 2050 and misrepresenting its industrial beef products as "climate-smart."

  • September 19, 2024

    Tupperware Gears Up For Lender Fight Over Ch. 11 Plans

    Iconic food storage brand Tupperware received a Delaware bankruptcy judge's approval Thursday to keep its bank account systems operating as it prepares to fight off objections to most of its first-day motions next week from a group of secured lenders looking to dismiss its Chapter 11 bankruptcy and foreclose on its assets.

  • September 19, 2024

    Feds Defend At-Sea Monitoring Rule Despite Chevron Demise

    The federal government is defending its power to require fishermen to partially fund the cost of compliance monitors aboard their ships, arguing to the D.C. Circuit that the demise of the so-called Chevron deference doesn't change the fact that federal law authorizes the at-sea monitoring rules.

  • September 19, 2024

    Nantucket Festival Owner Says Rival Exploiting Discovery

    The longtime operator of a wine and food festival on Nantucket says a competitor who started a similarly named event is now trying to take advantage of a court order by making "improperly broad and harassing discovery requests" to further undermine her business.

  • September 19, 2024

    11th Circ. Asked To Revisit Coverage Ruling Over Comma

    Food company owner ECB USA Inc. is asking the Eleventh Circuit to reconsider a decision clearing a Chubb insurance unit from covering a $4.2 million settlement agreement over the lack of a comma in a professional services policy, arguing the ruling misapplied New Jersey law.

  • September 18, 2024

    Mich. Justices Continue To Fight Over Minimum Wage Ruling

    Michigan's minimum wage will rise to $12.48 an hour in February, the state Supreme Court confirmed Wednesday in an order that settled a debate over how to calculate the new wage floor, but rehashed internal disagreements over the court's July decision to increase the minimum wage.

  • September 18, 2024

    Modelo Says Texas Beer Co. Ripping Off Corona, Other Brands

    Modelo and Constellation Brand have sued a Texas-based beer distribution company in federal court, accusing it of selling and advertising beer products that imitate the names, color schemes and marks of their beers, including Corona, Pacifico, Barrilito and Victoria.

  • September 18, 2024

    Mexican Parts Maker Rehires Worker To End USMCA Probe

    A Mexican parts manufacturer rehired a worker fired allegedly for conducting union activities and agreed to train its workforce on collective bargaining rights to end an investigation under the U.S.-Mexico-Canada Agreement into claims that the plant violated workers' organizing rights, the U.S. Trade Representative has announced.

  • September 18, 2024

    3rd Circ. Digs Into NLRB's Power To Punish Starbucks

    A Third Circuit panel on Wednesday struggled to find agreement between Starbucks Corp. and the National Labor Relations Board on the scope of the agency's power to penalize companies for violating employees' rights, as it considered the coffee chain's challenge to the agency's penalties over its firing of two unionizing workers.

  • September 18, 2024

    Jury Finds Eatery Owner Guilty Of COVID Fraud, Tax Crimes

    A San Diego restaurant owner who worked with food delivery services during the pandemic and saw his business improve was convicted by a California federal jury of tax crimes and lying on loan applications to obtain more than $1.7 million in COVID-19 funds meant for struggling businesses.

  • September 18, 2024

    Parent Of UK's TGI Fridays Falls Into Administration

    The British restaurant group that operates TGI Fridays' UK stores has collapsed into administration on Wednesday, along with its plans to sell its 87 restaurants in the UK, the company said after it nixed a deal to acquire U.S. stores earlier this month.

  • September 18, 2024

    House Panel Members Question Legitimacy Of Axed Tip Rule

    A U.S. House panel chair criticized Wednesday a tip credit rule that the Fifth Circuit recently vacated, calling it burdensome and out of touch.

  • September 18, 2024

    Federal Judge Won't Abstain From Pot Payment Co. Dispute

    A Nevada federal judge has declined to abstain from a dispute between a pair of investment firms over the collapse of their joint venture, saying while one company is a subsidiary of a cannabis payment processing company, the dispute can be resolved without dipping into the murky waters of cannabis's federal illegality.

  • September 18, 2024

    Campari Buys Stake In Whisky Brands Owner For £69.6M

    Italian drinks maker Campari Group said it has bought a 14.6% stake in Capevin Holdings Proprietary Ltd., the South African owner of a whisky producer, for £69.6 million ($92 million) in cash.

  • September 17, 2024

    Hawkers Asian Restaurant Chain Files For Ch. 11 In Fla.

    Florida-based pan-Asian restaurant chain Hawkers Asian Street Food and Craft Cocktails became the latest casual dining enterprise to file for Chapter 11 protection Tuesday, as the industry continues to deal with a tricky combination of rising costs and tightening consumer pocketbooks.

  • September 17, 2024

    JM Smucker Says Rival Is Spreading Uncrustable Lies

    A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.

  • September 17, 2024

    Scope Of High Court's Jarkesy Ruling Tested In H-2A Visa Suit

    A Kentucky business is testing the scope of the U.S. Supreme Court's recent decision restricting the power of administrative courts, alleging in a new lawsuit that a proceeding over findings of H-2A visa violations is infringing its constitutional right to a jury trial.

  • September 17, 2024

    US Growers Say Chilean Grapes A Threat Under Rule Change

    A group of California grape growers has hit the U.S. Department of Agriculture with a suit in California federal court alleging the agency's approval of a "systems approach" for importing Chilean grapes abandons traditional safeguards and exposes U.S. grape producers to significant risks and costs.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

  • September 17, 2024

    Licorice Maker KLN Defeats 'Naturally Flavored' Deception Suit

    A California federal judge has dismissed a proposed class action lawsuit alleging the manufacturer of Wiley Wallaby falsely advertised the licorice as "naturally flavored," finding the suit lacked particularity in alleging that the malic acid used in the product was artificial.

  • September 16, 2024

    Pa. Judge Awards Servers $400K in Atty Fee Row

    A Pennsylvania restaurant group is on the hook for more than $400,000 in attorney fees in a 4-year-old wage-and-hour collective action that saw a jury verdict in favor of more than 400 servers alleging tipped wage violations, according to a federal judge's order Monday.

  • September 16, 2024

    Red Lobster Exits Bankruptcy Protection

    Casual dining seafood chain Red Lobster exited from Chapter 11 on Monday under private equity ownership and with a new CEO, five months after filing for bankruptcy to pursue a sale.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Corporate Disclosure Tug-Of-War's Free Speech Issues

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    The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • A Refresher On Alcohol Sponsorships Before The Super Bowl

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    As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • What Brands Must Know For Calif. Recycle Label Compliance

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    A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.

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