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Food & Beverage
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June 11, 2024
Attys For Restaurant Software Investors Ring Up $2.25M Fee
Attorneys representing investors in a suit against restaurant software company Olo Inc. will receive $2.25 million for brokering settlement of class action claims alleging the company touted an ill-fated partnership with sandwich chain Subway as an example of its success.
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June 11, 2024
DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say
The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.
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June 11, 2024
Granulated Sugar Price-Fixing Cases Centralized In Minn.
A collection of price-fixing suits against some of the country's biggest refined sugar manufacturers is being consolidated in Minnesota federal court, with the Judicial Panel on Multidistrict Litigation choosing the venue over federal courts in New York.
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June 11, 2024
Skechers Supplier Banned For Alleged Forced Labor Ties
Federal authorities announced on Tuesday three new additions — including a shoemaker linked to the sneaker brand Skechers — to their blacklist of companies purportedly linked to systematic oppression of Uyghurs and other minority groups in China.
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June 11, 2024
Restaurant Owner Seeks $414K For Deductible Overpayment
The owner of two Florida restaurants is seeking reimbursement of over $400,000, telling a federal district court Tuesday that it overpaid a claim deductible for damage stemming from Hurricane Ian after its insurer misapplied the appropriate endorsement.
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June 11, 2024
Charity Founder Charged With Embezzling $2.5M, Evading Tax
The founder of a New York City charity embezzled $2.5 million in donations meant for low-income families and then failed to report the earnings to the Internal Revenue Service or pay tax on them, according to a criminal complaint unsealed Tuesday in New York federal court.
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June 11, 2024
Pepsi Bottling Partner Hit With Pollutant Lawsuit In Mass.
A Massachusetts environmental advocacy group has followed through on plans to sue a bottler of Pepsi products over alleged violations of the Clean Water Act, but a lawyer for the Conservation Law Foundation says the organization is "optimistic" it will be able to resolve the issue.
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June 11, 2024
FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine
The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.
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June 10, 2024
Pork Producers Look To Put A Fork In Price-Fixing Claims
Pork producers accused of colluding to diminish supply and inflate prices in sprawling multidistrict litigation have urged a Minnesota federal court to toss all remaining buyers' claims against them, saying statistical reports they use are lawful and their accusers' complaints are untimely.
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June 10, 2024
Fox Views NFL Sunday Ticket As 'Existential' Threat, Jury Told
A retired executive with Fox Sports testified Monday in a trial over multibillion-dollar antitrust claims brought against the NFL by Sunday Ticket subscribers that his network asked the league to agree to specific Sunday Ticket pricing because it viewed the DirecTV television package as an "existential" threat.
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June 10, 2024
Coca-Cola Beats False Ad Claims Of PFAS In Juice, For Now
Coca-Cola defeated, for now, a proposed false advertising class action alleging its line of Simply Tropical fruit juice contains "forever chemicals," when a New York federal judge said Monday the customer lacks standing because his complaint relies on a single allegation of testing without linking the test result to his purchase.
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June 10, 2024
Sen. Cassidy Releases Trade Facilitation Framework
Sen. Bill Cassidy, R-La., released a policy document Monday outlining priority areas for a forthcoming bill to update U.S. customs law, emphasizing streamlined procedures and technology updates to speed up processing at the border.
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June 10, 2024
Fat Brands Faces Investor Suit Over $47M Loan Scheme
Fat Brands and its executives face a proposed class action in California federal court alleging that they falsely claimed to be cooperating with governmental probes into their CEO's spending $47 million on company loans while skirting taxes, leading stock prices to plunge last month when criminal charges were announced.
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June 10, 2024
Fishermen Challenge Feds' Gulf Of Mexico Fishing Quotas
The owners of a family fishing business are fighting the National Marine Fisheries Service's 80% cut to fishing quotas for gag grouper fish in the Gulf of Mexico, claiming the agency doesn't have the ability to lawfully approve the new rule.
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June 10, 2024
Unclaimed Property Group Backs Disney At Mich. High Court
An unclaimed property holder trade organization urged the Michigan Supreme Court to affirm that the state waited too long to demand that Disney and a restaurant company remit unclaimed property, arguing that third-party auditors' lax oversight allowed examinations to languish beyond the statute of limitations.
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June 10, 2024
Ex-Sports Illustrated Publisher Countersues Owner In TM Row
The former publisher of Sports Illustrated has filed a countersuit alleging that the magazine's owner, Authentic Brands Group, made it impossible to run the magazine and then conspired to install a competitor as the new publisher.
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June 10, 2024
Victims Of Chiquita-Funded Paramilitaries Win $38M Award
The first bellwether trial in multidistrict litigation against Chiquita over its funding of right-wing paramilitaries in Colombia's banana-producing region ended with a victory Monday afternoon for nearly all the plaintiffs, as a Florida federal jury awarded them $38.3 million in damages for the losses of their loved ones killed by paramilitaries.
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June 10, 2024
Justices Skip Kroger's TM Feud With Grubhub Over Logo
The U.S. Supreme Court on Monday declined to review a Seventh Circuit finding that Grubhub Inc.'s fork-and-knife logo does not infringe a similar emblem used by Kroger's meal-kit delivery service Home Chef.
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June 07, 2024
NFL's Kraft Testifies 'Too Many' Sunday Ticket Sales Is Bad
A California federal jury considering multi-billion dollar antitrust claims against the NFL brought by Sunday Ticket subscribers saw video deposition testimony Friday from New England Patriots owner Robert Kraft, who said ensuring a high price for the television package is a league priority, and he would not want "too many" U.S. subscribers.
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June 07, 2024
Ill. Panel Revives Contribution Claim Over Tainted Cilantro
An Illinois state appellate panel has revived a bid by a distributor of contaminated cilantro to have wholesalers contribute to any liability in litigation over the tainted product, saying the distributor did not have to comply with pre-suit notice requirements that would otherwise have applied to the case.
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June 07, 2024
Texas Farmers Sue EPA For 'Forever Chemical' Contamination
Five Texas farmers have told a D.C. federal court that the U.S. Environmental Protection Agency should have done more to stop "forever chemicals" from contaminating their farmland, claiming that they've suffered medical problems from the exposure.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
Brewery Wants Extra Damages For Co-Owner's 'Brazen' Theft
A Colorado brewery accusing a former manager of embezzling hundreds of thousands of dollars has asked a state court for permission to seek exemplary damages, saying there's plenty of evidence the former manager willfully stole the money for himself and competing businesses he had a stake in.
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June 07, 2024
Pilgrim's Pride Largely Can't Pause Chicken Farmers' Suit
An Oklahoma federal judge largely refused Friday to pause a lawsuit accusing Pilgrim's Pride of conspiring with other chicken producers to suppress farmer compensation while Pilgrim's appeals certification of over 24,000 farmers, finding it does not matter if the $2.77 billion damages claim might pressure the company to settle.
Expert Analysis
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.
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What Brands Must Know For Calif. Recycle Label Compliance
A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Harmonizing Agricultural And Clean Energy Goals
Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.
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What's At Stake In High Court NLRB Injunction Case
William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.