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Food & Beverage
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July 22, 2024
Olympic Committee Hits Logan Paul's Drink Co. With TM Suit
The United States Olympic & Paralympic Committee has sued a sports beverage company co-founded by social media influencer and wrestler Logan Paul, Prime Hydration, alleging that it is infringing on Olympic trademarks with an ad campaign featuring NBA star and Team USA member Kevin Durant.
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July 19, 2024
'Vanderpump' Stars Face Fresh Sandwich Shop Suit
The former chef at a Los Angeles sandwich shop owned by "Vanderpump Rules" cast members Ariana Madix and Katie Maloney has accused the reality stars of refusing to honor a partnership agreement under which she was entitled to a 10% ownership stake, according to a suit filed in Los Angeles County.
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July 19, 2024
Splenda Must Face False Ad Suit Over Diabetes Benefits
The maker of Splenda cannot escape a proposed class action alleging that it has falsely advertised its products as healthy and "suitable for people with diabetes" after a California federal judge found that federal law does not preempt any of claims the consumers made under state laws.
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July 19, 2024
FTC Wants To Block Kroger & Albertsons' 'Principal Defense'
Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.
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July 19, 2024
Kroger Could Delay Merger Closing To Avoid Colo. Hearing
Kroger Co. told a Colorado state judge Friday that it is negotiating a potential agreement with the state to delay the closing date for its proposed merger with Albertsons until November or after the court rules on a permanent injunction, a proposal the grocer said was aimed at avoiding a hearing next month.
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July 19, 2024
Chancery Dismisses Kraft Heinz-3G Stock Drop Suit
Shareholders of The Kraft Heinz Co. lost their Chancery Court lawsuit over a $1.2 billion stock sale by 3G Capital Inc. after the Delaware court deemed concerns about board conflicts "meaningless, given the dearth of well-pleaded allegations."
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July 19, 2024
Trade Commission Advances Chinese Vanillin Probes
The four commissioners of the U.S. International Trade Commission voted in favor of advancing antidumping and countervailing duty probes into vanillin from China on Friday following a petition filed last month by chemical company Solvay USA LLC.
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July 19, 2024
Chubb Unit Beats Manufacturer In R.I. COVID-19 Coverage Suit
A knitted wire mesh manufacturer lost its bid for coverage for pandemic losses at its Mexico facilities because it didn't show that COVID-19 caused covered physical damage, a Rhode Island federal court ruled Friday, handing a win to the manufacturer's Chubb insurer.
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July 19, 2024
12 Firms Guiding IPO Quartet Projected To Exceed $5B
Twelve law firms are on tap to guide four initial public offerings scheduled for the week of July 22 that could exceed $5 billion combined, led by potentially the year's largest IPO from cold-storage warehouse giant Lineage Inc.
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July 19, 2024
Prince Lobel Fires Atty Following Misconduct Investigation
A former general counsel for the Boston Cannabis Board turned chair of Prince Lobel Tye LLP's restaurant and hospitality group has been terminated by the Boston firm following an investigation, the firm confirmed to Law360 Pulse on Friday.
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July 19, 2024
OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit
Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.
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July 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.
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July 18, 2024
9th Circ. Signals Support For Alaska Salmon Fishery
A Ninth Circuit panel on Thursday leaned toward allowing government-approved commercial salmon fishing in Southeast Alaska, with one judge saying the economic hardship indigenous communities would face without fishing outweighs the "enormous uncertainty" of impacts on a small population of orca whales that feed on the fish.
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July 18, 2024
FDA Sends More Warnings Over THC 'Copycat' Snacks
The U.S. Food and Drug Administration warned six companies to stop selling delta-8 edibles that resemble brand-name snacks such as Skittles, Chips Ahoy, Cheetos and Oreos, saying the lookalikes can fool "children or unsuspecting adults" and pose a real health hazard.
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July 18, 2024
6th Circ. Looks To Wash Hands Of Waters Of US Appeal
An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.
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July 18, 2024
Red Lobster Angles To Keep More Than 100 Leases In Ch. 11
Red Lobster's well-known Times Square location in New York City is off the chopping block of potential closures, for now, along with 112 other outposts of the casual dining seafood chain, after the troubled company said during a bankruptcy court hearing Thursday it is negotiating new agreements with landlords.
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July 18, 2024
6th Circ. Questions If Kellogg 401(k) Claims Can Be Arbitrated
A Sixth Circuit panel on Thursday suggested the terms of Kellogg Co.'s retirement plan may bar a former accountant from bringing claims the plan was mismanaged, as the company tries to enforce an arbitration clause that arguably prevents planwide relief.
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July 18, 2024
Kirkland-Led Calif. PE Firm Secures $1.5B For 3rd Fund
Los Angeles-based private equity shop Kingswood Capital Management LP, advised by Kirkland & Ellis LLP, on Thursday announced that it clinched its third fund after raising $1.5 billion of capital commitments, bringing the firm's total assets under management to roughly $3.2 billion.
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July 18, 2024
Tender Greens And Tocaya Hit Ch. 11 With Post-COVID Woes
The Los Angeles-based casual restaurant chain that operates Tender Greens and Mexican eatery Tocaya, One Table Restaurant Brands LLC, filed for Chapter 11 bankruptcy Wednesday in Delaware bankruptcy court, with its CEO saying the COVID-19 pandemic was "catastrophic" to their business.
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July 17, 2024
NJ Casino Must Face Demoted Slots Director's Bias Suit
A New Jersey appellate panel Wednesday restored a former Resorts Casino Hotel employee's disability discrimination and retaliation lawsuit, finding that it was unclear if he was disabled after he suffered severe burns in an explosion aboard his boat.
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July 17, 2024
Wahlburgers-Tied Pickle Co. Settles Rival's Labeling Spat
A pickle company told a New Jersey federal court that its suit accusing a rival of ripping off recipes to make mislabeled pickles for actor Mark Wahlberg's restaurant business has been settled.
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July 17, 2024
Whirlpool Wants To Wash Away Service Plan Repair Claims
Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.
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July 17, 2024
Jimmy John's Biometric Info Suit 'Barely' Avoids Dismissal
An Illinois federal judge refused Wednesday to toss a putative class action alleging Jimmy John's LLC unlawfully records customers via technology embedded in drive-through intercoms in violation of the state's Biometric Information Privacy Act, but he remarked on the "thinness" of the allegations and said the complaint "barely" survives.
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July 17, 2024
Ill. Judge Signals Issue With Chicken Consumers' Expert
An Illinois federal judge signaled Wednesday that he was unlikely to allow chicken end users' economics expert to testify about damages they suffered in an alleged price-fixing conspiracy if the expert cannot focus his opinion on just the conduct allowed to be heard at trial.
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July 17, 2024
NC Must Use Smithfield Foods Funds For Schools, Judge Says
North Carolina Attorney General Josh Stein can no longer get his hands on $2 million a year from Smithfield Foods to give out environmental grants to private entities after a judge ruled the state constitution requires the money to be used in public schools.
Expert Analysis
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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.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.