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Food & Beverage
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June 18, 2024
Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M
The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.
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June 17, 2024
NFL Commish Goodell Takes Stand To Deny TV Price Controls
NFL Commissioner Roger Goodell testified Monday in front of a California federal jury considering multibillion-dollar antitrust claims against the league that the NFL does not control the price of DirecTV's Sunday Ticket with any secret deals, insisting instead that the broadcast strategy is shouted "from the mountaintops."
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June 17, 2024
Cocoa Trade Case May Hinge On Justices' Mifepristone Ruling
The U.S. Supreme Court's recent narrow ruling on standing in a case over access to the abortion medication mifepristone may figure prominently in upcoming oral arguments in a dispute involving imported cocoa allegedly harvested via forced child labor before the U.S. Court of International Trade, a judge said Monday.
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June 17, 2024
Farm Cos. To Pay $475K To End Wash. AG's Sex Assault Suit
A pair of agricultural companies agreed to pay $470,000 to resolve Washington state's lawsuit accusing them of standing by as a supervisor sexually harassed and assaulted female employees and firing those who complained, the state attorney general announced Monday.
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June 17, 2024
Iowa Seeks To Mute 'Ag-Gag' Law First Amendment Challenge
Iowa on Friday asked a federal district court to dismiss animal rights' and community advocacy groups' First Amendment challenge to the state's "ag-gag" law that's designed to thwart undercover investigations of animal treatment.
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June 17, 2024
Foreign Investors Sue Over Lost $7.7M NYC Mall Investment
Fourteen foreign investors who lost the entirety of their $7.7 million investment in a New York City shopping mall project filed suit against two lenders, a developer and the manager of an EB-5 lender in New York federal court, saying they are owed damages.
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June 17, 2024
Primo Water, BlueTriton All-Stock Merger Creates Water Giant
Primo Water Corp., the parent company of popular water brands such as Alhambra and Crystal Springs, on Monday announced plans to merge with the parent company of water brands Poland Spring and Arrowhead, BlueTriton Brands Inc., in an all-stock deal built by five law firms that is meant to create a North American water giant.
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June 17, 2024
Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge
A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.
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June 17, 2024
McDonald's Nears Fee Win For Beating $100M Fraud Suit
A California state judge has tentatively granted McDonald's request for over $231,000 in fees after winning an anti-SLAPP victory against Byron Allen's suit claiming that it fraudulently pledged to increase spending on Black-owned media, but the judge asked the restaurant Monday to submit a proposed judgment to account for its work in filing the fee request.
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June 17, 2024
Commerce Says Trimmed Garlic Covered By Fresh Garlic Duty
The U.S. Department of Commerce ruled Monday that peeled and trimmed garlic is covered by an anti-dumping duty order on fresh Chinese garlic.
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June 17, 2024
High Court Will Mull Proof Needed For Wage-Hour Carveout
The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.
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June 14, 2024
Novel Ill. Swipe Fee Law Sparks New Banks V. Retailers Battle
Illinois lawmakers have passed first-of-their-kind restrictions on swipe fees that represent a major, multimillion-dollar victory for retailers, but they could also set up a legal clash with bankers, who warn that the state risks turning into a national payments pariah.
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June 14, 2024
Potato Co.'s Software Rollout Fried Its Revenue, Suit Says
Potato product manufacturer Lamb Weston has been hit with a proposed shareholder class action in Idaho federal court alleging that it concealed from investors information about the botched implementation of software that had been intended to improve the efficiency of the company's operations but ended up costing the company millions in lost sales.
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June 14, 2024
Motif Gets Most Of Impossible Foods Patent Trimmed At PTAB
The Patent Trial and Appeal Board has invalidated claims of an Impossible Foods Inc. meat-substitute patent that food technology company Motif Foodworks Inc. had challenged, finding they were obvious.
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June 14, 2024
GOP AGs Demand Stay For DOL's H-2A Protections Rule
Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.
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June 14, 2024
Chinese Delivery Co. To Settle IPO Class Action For $4.9M
Chinese grocery vendor Missfresh Ltd. has agreed to settle an investor class action accusing it of making several misleading statements in the months leading up to its initial public offering, including in regulatory filings and to the media, for $4.9 million.
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June 14, 2024
Steakhouse Can't Shake Off $2.5M Verdict In NJ Injury Suit
A New Jersey federal judge has denied Outback Steakhouse's bid for a new trial after a jury awarded $2.5 million to a woman who slipped and broke her hip and femur in one of its Garden State restaurants, stating the company was late with some arguments and unconvincing with others.
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June 14, 2024
Insurer Seeks Quick Exit In Casino $130M COVID Loss Suit
The insurer of a casino operator with properties on the Las Vegas strip and beyond told a Nevada federal judge to toss a $130 million COVID-19 pandemic loss coverage suit, arguing it had already paid $1 million — the only benefits due under the all-risk policy.
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June 14, 2024
'Alkaline Water' Co. Owes Another $3.1B For Liver Failures
A Las Vegas jury awarded $3 billion in punitive damages and $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
Popeyes Accused Of Skimping On Breaks And Wages
Popeyes made employees in California work through lunch and rest breaks without appropriate pay and provided them with "confusing" wage statements, according to a putative class action lodged in a Los Angeles court.
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June 14, 2024
Burford Bound To Sysco And Pilgrim's Unsigned Chicken Deal
An Illinois federal judge on Friday rejected a Burford subsidiary's bid to block a global protein price-fixing settlement that Pilgrim's Pride and Sysco memorialized through email but never signed on paper, saying it's clear the parties reached a material agreement.
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June 14, 2024
Dunkin' Franchise Must Face Customer's Race Bias Suit
An intermediate appellate court in Massachusetts on Friday revived part of a lawsuit brought by a Black customer of a Dunkin' franchise who says an employee deliberately ignored his order for 15 minutes, then threw his food at him and called him a racist epithet.
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June 14, 2024
Whole Foods Uses Tiny Label Font To Hide Costs, Suit Says
Whole Foods has been accused of hiding deposit fees and other costs with a barely perceptible font size on its labels, according to a proposed class action removed to Brooklyn federal court Friday.
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June 14, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Expect An Increase In Robinson-Patman Act Enforcement
Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.