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Food & Beverage
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January 21, 2025
4 Of 8 From Alleged Bronx Beer Heist Squad In Plea Talks
The leader of an eight-man crew accused of carrying out a brazen scheme to steal Mexican beer from trains and resell it in the Bronx is in plea talks along with three co-defendants, a New York federal judge heard Tuesday.
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January 21, 2025
TTAB Shuts Down USA Ham's Bid To Register Meat Mark
The Venezuelan owner of meat company La Montserratina won its challenge to a U.S.-based company's bid to register the mark for its own products after the Trademark Trial and Appeal Board found the "applicant's copying capitalizes on" the South American company's reputation.
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January 21, 2025
Pactiv Evergreen's $6.7B Sale To Novolex Goes Unchallenged
Food merchandising product maker Pactiv Evergreen on Tuesday revealed that the waiting period for its $6.7 billion merger with packaging products manufacturer Novolex has expired, clearing the path for the deal to close.
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January 21, 2025
Harassment By Workers Upends Retaliation Suit, Farm Says
A pork farm urged a Tennessee federal court to throw out a lawsuit from the U.S. Department of Labor accusing it of retaliating against two workers who complained to the agency about unpaid wages, saying the workers were disciplined because they harassed their colleagues.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
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January 17, 2025
No Conflict In Judge's Friendship, John Deere, Farmers Say
John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.
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January 17, 2025
Instacart, Uber Team Up Against Driver Job Security Law
Instacart has joined Uber's fight against Seattle's new app-based worker account deactivation rules, with both companies urging the judge who refused to temporarily block the law to grant a stay while the companies appeal to the Ninth Circuit.
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January 17, 2025
Ex Raided Conn. Burrito Joint's TM, Co. Accounts, Suit Says
The owner of Connecticut Tex-Mex restaurant and coffeehouse TJ's Longboard Burritos LLC told a Connecticut federal court that his ex-girlfriend launched a similar nearby eatery called TJ's Burritos Bloomfield LLC and is responsible for changes to his passwords, his cook's departure, bills to his accounts, disappearing tequila and tanking his sales by 40%.
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January 17, 2025
Walgreens Can't Hold Great-Grandson To Decade-Old TM Deal
A federal judge in Illinois has found that Charles Walgreen didn't break the terms of a deal he made a decade ago to not compete with the retail and pharmacy giant that his great-grandfather founded, which is now suing him over his commercial use of his last name.
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January 17, 2025
SEC Says Food Tech Startup Overstated Revenue By $550M
The U.S. Securities and Exchange Commission on Friday fined venture-backed food technology startup GrubMarket $8 million for allegedly misleading investors by overstating revenue by more than $550 million, with faulty accounting that regulators say the company should have known was unreliable.
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January 17, 2025
Little Caesars Reaches Deal Over 'Pizza Puff' Injunction Stay
Little Caesars has said it will immediately take down in-store and online references to its muffin-pizza appetizers as "pizza puffs" — ending a fight with the company that owns the trademark for the term over whether an Illinois federal judge should wait to enforce his injunction — but was given several weeks to phase out the phrase in drive-throughs.
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January 17, 2025
Drink Maker Celsius Settles SEC's Accounting Claims For $3M
The U.S. Securities and Exchange Commission on Friday fined beverage company Celsius Holdings Inc. $3 million to settle claims that it issued financial statements that were materially inaccurate and misleading due to misreported stock award information.
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January 17, 2025
NYC Mall Lenders, Developer Want Foreign Investor Suit Nixed
Financial backers of a Staten Island mall project are asking a federal judge to toss a suit by foreign investors seeking damages, arguing that the investors are just trying to "claw back" whatever they can from others who lost even more money.
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January 17, 2025
Prime Sports Drink Fight In Wrong Venue, Chancery Finds
A beverage bottler's lawsuit seeking damages tied to sports-drink startup Prime Hydration's alleged failure to honor a production contract has come up empty in Delaware's Court of Chancery, with a Thursday ruling that the complaint never tapped into the court's equity jurisdiction.
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January 17, 2025
Hawaii Bill Seeks To Make Renter Tax Credit Permanent
Hawaii would make its renters tax credit permanent and change the credit's amounts under a bill introduced in the state House of Representatives.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 17, 2025
FTC Accuses Pepsi Of Giving Advantage To Favored Retailer
The Federal Trade Commission on Friday accused Pepsi of giving a big box retailer better terms and promotional payments, putting smaller competitors at a disadvantage.
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January 16, 2025
IP Forecast: Mass. Court To Hear Inequitable Conduct Fight
A federal judge in Massachusetts will hear arguments that a CEO’s “intentional misrepresentations, omissions and half-truths” at the patent office should sink his company’s infringement case over tamper-resistant plastic containers. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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January 16, 2025
2nd Circ. Revives Wonderful Pistachios' Trade Dress Case
The Second Circuit revived a trademark infringement complaint from The Wonderful Co. LLC and Cal Pure Produce against pistachio-selling rival Nut Cravings Inc., saying Thursday that the plaintiffs plausibly alleged a likelihood of confusion in how each company's products are packaged, contrary to what a Manhattan federal judge concluded in dismissing the case.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Colo. AG Wants Ruling In Case Grocers' Merger Is Resurrected
The Colorado attorney general on Wednesday urged a Denver judge to rule on the state's challenge to Kroger Co. and Albertsons' merger despite the grocers' claims they've abandoned the deal, arguing the fact that the companies dispute each other's termination of the merger suggests it "may still be operative."
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
EU Hits China-Based Artificial Sweetener With Import Tax
The European Commission on Thursday imposed an import tax on the sweetener erythritol from China, in an effort to level the industry playing field within the EU, according to an announcement.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.