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Food & Beverage
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June 27, 2024
Whole Foods, Hain Want Full 5th Circ. Review Of Baby Food Suit
Whole Foods Market Inc. and Hain Celestial Group Inc. are urging the full Fifth Circuit to review a decision remanding a suit against them alleging Hain's baby food caused the mental and physical decline of a toddler, saying the panel ignored both Fifth Circuit and Supreme Court precedent to remand the case after a final judgment in federal court.
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June 27, 2024
Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit
A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.
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June 26, 2024
NFL Sunday Ticket Trial Goes To Jury With $21B At Stake
Counsel for the NFL and DirecTV Sunday Ticket subscribers suing the league for billions of dollars made their closing arguments Wednesday in a California federal jury trial, with the customers' attorney saying the NFL didn't play fair and violated antitrust laws, while the league's lawyer said no conspiracy or illegal monopoly exists.
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June 26, 2024
Justices Leave Blurry Line In Place On Misinformation Fight
The U.S. Supreme Court's decision Wednesday to reverse a Fifth Circuit order prohibiting the Biden administration from joining with social media platforms to fight misinformation leaves an important First Amendment question unanswered and left Missouri's attorney general promising a continuing fight against what he called a "censorship regime."
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June 26, 2024
Baby Bottle Cos. Face False Ad Suits Over Microplastics
Philips North America and Handi-Craft face a pair of proposed class actions filed Tuesday in California federal court alleging they misled customers into thinking their sippy cups and baby bottles were "BPA free" and therefore safe for use, despite that heating them could cause harmful microplastics to leak into food and drinks.
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June 26, 2024
3rd Circ. Won't Revive Distillery Investor's RICO, Secrets Case
The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.
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June 26, 2024
Subway Franchisor Must Keep Paying Co. During Arbitration
A New York federal judge has granted a development company's petition to confirm an arbitrator's order requiring the Subway sandwich chain's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual dispute.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
Pilgrim's Pride Settles Grower Pay Antitrust Case
An Oklahoma federal judge hit the brakes Wednesday on a lawsuit seeking nearly $3 billion in damages from Pilgrim's Pride Corp. over claims it conspired with other chicken producers to suppress farmer compensation after the sides reached a settlement.
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June 26, 2024
Nantucket Festival Owner Sues Over Alleged Imposter Event
The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."
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June 26, 2024
Unfinished Glycine Factory Supports Evasion, Says US Co.
A U.S. glycine producer urged the U.S. Court of International Trade on Wednesday to affirm the government's renewed finding that importers dodged tariffs, pointing to photographs of an Indonesian factory still under construction while it was allegedly producing exports for the suppliers.
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June 26, 2024
NJ Shore Town Asks Court To End Bar's Teen Night
A Garden State beach town asked a New Jersey federal judge to put an end to a popular bar's Teen Night after the establishment said it will continue to hold the twice-weekly events despite a borough ordinance banning them, claiming the events lead to raucous and illegal behavior.
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June 26, 2024
Olo Moots Investor's Chancery Suit By Axing Free Takeover
Directors of New York-based online food-ordering venture Olo have mooted a proposed class challenge to a company stock buyback program by effectively barring moves that would give the company's top investor majority control of the business, Delaware's chancellor ruled on Monday.
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June 26, 2024
Squire Patton Adds Epstein Becker Healthcare Atty In DC
An experienced healthcare and life sciences industries attorney has jumped from Epstein Becker Green PC to Squire Patton Boggs LLP in Washington, D.C., the latter firm has announced.
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June 26, 2024
5 Indicted In 'Feeding Our Future' Jury Bribery Scheme
Five people have been indicted in Minnesota for trying to bribe a juror with a Hallmark gift bag containing $120,000 in cash in a failed attempt to influence the first trial of the sprawling "Feeding Our Future" $250 million pandemic fraud case, which recently ended with five convictions and two acquittals.
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June 26, 2024
UK Man Avoids Jail In $13M Whiskey, Wine Investment Scam
A London native was sentenced to three years of probation by an Ohio federal judge after pleading guilty to cold-calling elderly people and falsely promising large returns for investing in wine and whiskey.
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June 26, 2024
Some Asian Paper Plates May See Duties Over 300%
The U.S. Department of Commerce teed up preliminary countervailing duties on Chinese and Vietnamese paper plates exceeding 300%, finding that producers are likely receiving government subsidies giving them an unfair advantage in the U.S. market.
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June 26, 2024
Mass. Dunkin' Managers Can Sue For OT As Collective
A Massachusetts federal judge granted an unopposed request to certify a collective action brought by managers at 60-plus Dunkin' Donuts locations who claim they were required to work more than 40 hours a week without overtime pay.
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June 26, 2024
Whole Foods Resolves Time-Shaving Class Action
Whole Foods has resolved a proposed class action alleging the grocer trimmed workers' paychecks if they came back slightly late from breaks.
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June 25, 2024
NFL Moves To Sack Commercial Class In Sunday Ticket Trial
An attorney for the NFL argued on the eve of closing arguments Tuesday that jurors shouldn't be allowed to consider damages for one of two plaintiff classes in a multibillion-dollar antitrust trial over the league's DirecTV Sunday Ticket television package.
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June 25, 2024
Tuna Buyers Settle $1B Price-Fixing Claims Before July Trial
Tuna buyers seeking $1 billion in damages over allegations that StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods conspired to hike the price of the tinned fish have reached settlements just ahead of trial, according to a California federal judge's order Tuesday.
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June 25, 2024
Coffee Chain Dutch Bros Beats Investor Suit For Good
A New York federal judge has dismissed with prejudice a suit alleging drive-through coffee chain Dutch Bros and two of its executives weren't honest with investors about the impact inflation was having on the company after its 2021 initial public offering, saying the shareholders have failed to plead any actionable misstatements or omissions.
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June 25, 2024
Pappas Restaurants 'Invented' Causes In Houston Airport Suit
The city of Houston told a state appeals court Tuesday that it should be shielded from a suit filed by Pappas Restaurants that alleges its procurement process caused Pappas to unfairly lose a 2023 contract with the William P. Hobby Airport because the contract for airport concessions did not require the city to spend any money.
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June 25, 2024
USDA Tackles 'Inconsistent' Court Handling Of Packers Suits
The U.S. Department of Agriculture sought Tuesday to empower itself, and perhaps individual farmers, in lawsuits against allegedly unfair practices in the livestock, meat and poultry industries, by proposing a new rule that would replace the current case-by-case adjudication of what counts as a violation of the Packers and Stockyards Act.
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June 25, 2024
NY Judge Rejects Visa, Mastercard Fee Deal
A New York federal judge handling multidistrict litigation over Visa and Mastercard merchant fees rejected a proposed settlement for equitable relief and recommended a case from Grubhub be sent back to Illinois, making good on a suggestion she shared at a previous hearing.
Expert Analysis
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.