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Food & Beverage
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January 08, 2025
Abbott Beats UC Regents' Probiotic Patent Claims
An Illinois federal judge has found that claims in a pair of patents owned by the University of California related to a baby probiotic were invalid, handing a win to Abbott Laboratories in a suit accusing the company of infringing the patents.
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January 08, 2025
DOL Searching For SC Farm Workers Owed $132K In Wages
The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.
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January 07, 2025
Starbucks' Former IP Head Joins Davis Wright In Seattle
Batur Oktay, the former leader of Starbucks Corp.'s intellectual property program, has joined Davis Wright Tremaine LLP as a partner in the firm's Seattle office, according to an announcement Tuesday.
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January 07, 2025
Alcohol Warnings Unlikely To Bring Same Fate Tobacco Faced
The U.S. surgeon general on Friday recommended that alcohol carry warnings about cancer risks, and attorneys say that while warning labels might be warranted, alcohol is unlikely to become the next tobacco.
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January 07, 2025
4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law
The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.
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January 07, 2025
Mont. Bill Floats Mine, Data Center Property Tax Changes
Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.
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January 07, 2025
Fla. Crash Victims Can't Get Insurer Payout In Revised Suits
A Florida state appellate panel has blocked three vehicle crash victims' attempts to collect $16 million from an insurer, saying that the company wasn't properly joined as a party by the time settlements were reached and that final judgments were issued in two separate lawsuits over the same incident.
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January 07, 2025
Coffee Co. Says Exporter Owes $18M For Missing Shipments
A "green" coffee retailer told a Florida federal judge on Tuesday that it can prove it is owed more than $18 million for prepaid coffee shipments that were never received from a Nicaraguan green coffee bean exporter.
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January 07, 2025
US Foods Slapped With Class Wage Suit By Ex-Seattle Worker
US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.
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January 07, 2025
Starbucks Says It Can Target Inventor In Mobile Ordering Feud
Starbucks has urged the Eastern District of Texas to keep alive its counterclaims against a patent-licensing executive who claims the coffee chain infringed a patent covering a mobile ordering system, accusing him of creating an "extensive thimblerig" of shell entities to avoid paying the cost of his "meritless" cases.
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January 07, 2025
Wash. Panel Won't Boot Subway Wage Dispute To Arbitration
A Washington state appeals court declined to send to arbitration a former worker's suit accusing a Subway franchisee of failing to provide employees with meal breaks, despite a dissent finding that the worker's wage claims fall under an arbitration pact.
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January 07, 2025
Calif. Panel Says Individual PAGA Claims Belong In Arbitration
An arbitration pact that the operator of a restaurant chain in California gave to a worker pushes his Private Attorneys General Act individual claims into arbitration, a state appeals panel ruled, partly flipping a trial court's decision.
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January 06, 2025
Wash. Labor Dept. Escapes Union's Farm Wage Challenge
A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.
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January 06, 2025
'Pizza Puff' Maker Fights Little Caesars' Injunction Stay Bid
An Illinois federal judge shouldn't wait to enforce his order blocking Little Caesars from marketing its latest pizza muffin appetizer as "pizza puffs" because the chain won't convince the Seventh Circuit the term is generic, the company behind the trademarked fried pizza product argued Monday.
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January 06, 2025
Artist Tells Justices To Protect His 'Stupid Banana'
While a California artist acknowledged to the U.S. Supreme Court that his work of art was just "a stupid banana taped to a wall," he still thinks it deserves copyright protection after an appeals court ruled that it wasn't "strikingly similar" to a more famous banana taped to a wall that debuted at Art Basel Miami over a decade later.
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January 06, 2025
Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence
Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."
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January 06, 2025
Ga. Developer Says Insurer Shorted Roof Repair Coverage
The owner of a north Georgia commercial property has sued its insurer, accusing it of intentionally failing to complete a claims adjustment and only partially paying the cost to repair a roof that was damaged during a storm.
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January 06, 2025
Prepared Foods Co. Accused Of Duping CEO With Stock Plan
The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.
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January 06, 2025
FDA Issues Guidance On Lead Levels In Some Baby Foods
The U.S. Food and Drug Administration on Monday issued nonbinding guidance for the baby food industry on action levels for lead in processed food for babies and young children.
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January 06, 2025
Texas Restaurant Illegally Claims Tip Credit, Server Says
A Houston-area restaurant should not be allowed to claim a tip credit that permits it to pay servers less than the minimum wage because it failed to inform workers that they have to foot the bill for their uniforms, according to a proposed collective action filed in Texas federal court.
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January 06, 2025
Paul Hastings, Cravath Steer Pork Giant Smithfield's IPO Filing
Pork producer Smithfield Foods Inc. on Monday submitted the year's first filing for an initial public offering, part of a spinoff from China's WH Group Ltd., represented by Paul Hastings LLP and underwriters' counsel Cravath Swaine & Moore LLP.
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January 06, 2025
2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration
The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.
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January 06, 2025
US Wants More Time To Counter Altria's $106M Tax Refund Bid
Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.
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January 03, 2025
Panera Stiffed Catering Staff Out Of OT Pay, PAGA Suit Says
Panera cheated some employees out of overtime wages and reimbursement for the use of their cars and cellphones working with catering clients, and also manipulated records to inaccurately log break times in violation of California labor laws, according to a representative action lodged Thursday in California state court.
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January 03, 2025
Calif. Tribes Sue Casino Card Rooms Under New Law
Seven California tribes are taking advantage of a new state law that prohibits games in card rooms to sue a slew of private casinos, accusing them of brazenly profiting from illegal gambling.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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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.