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Food & Beverage
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Fritos Didn't Defame In Flamin' Hot Cheetos Feud, Judge Told
An attorney for Frito-Lay Inc. on Friday urged a California federal judge to dismiss a former employee's suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, saying it's not inherently defamatory to disagree about the snack's origins.
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October 18, 2024
False Ad Suit Trimmed Over 'Non-Drowsy' Albertsons Meds
An Illinois federal judge on Thursday refused to strike class claims that Albertsons markets and sells cough medicine labeled as "non-drowsy" that does in fact cause drowsiness, but threw out breach of warranty claims because the lead plaintiff failed to give the company adequate notice before filing suit.
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October 18, 2024
Chancery Calls For Status Quo Order In Del Monte Loan Suit
A Delaware vice chancellor has given the nod for a hold-the-status quo order sought by a collateral agent accusing Del Monte Foods Inc. officials of carrying out a corporate restructuring and "lien-stripping" said to have jeopardized lender claims under a $725 million term loan agreement.
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October 18, 2024
Grocery Co. Sued Over 'Naturally Flavored' Cereal Bars Label
North Carolina-based supermarket chain Harris Teeter was hit with a proposed class action alleging its fruit-flavored cereal bars aren't "naturally flavored" like the packaging claims, but instead contain a flavoring that is derived from a petroleum substrate.
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October 18, 2024
Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 18, 2024
Campbell's Health Plan Can't Charge Tobacco Fee, Suit Says
Campbell Soup Co. is violating federal benefits law by making workers who use tobacco pay more for health insurance because it doesn't offer a wellness program or comparable alternative, according to a proposed class action in New Jersey federal court.
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October 18, 2024
Hemp Industry Group Sues Louisiana Officials Over New Law
Louisiana hemp interests on Friday filed a federal lawsuit against the governor and attorney general challenging a new state law meant to rein in intoxicating hemp products, alleging the new policy runs afoul of the federal law that legalized hemp nationally.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 18, 2024
Pizzeria, Driver's Biz Expense Deal Approved On 2nd Try
A pizzeria and a former delivery driver for the business secured court approval for a settlement of the worker's wage suit over business expense reimbursements, as a Georgia federal judge found the deal passed muster now that it no longer involved "impermissible and unfair concessions."
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October 18, 2024
Atty Sanctioned For 'Indifference' In Tastykake Co. Bias Suit
An attorney's "indifference" to court orders and deadlines in a Black Muslim worker's wage and discrimination suit against the maker of Tastykake warrants $30,000 in sanctions, a Pennsylvania federal judge ruled, warning that more serious consequences might come.
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October 17, 2024
Miami Bar's Security Failed To Stop Mass Shooting, Suit Says
The estate of a man killed in a mass shooting at a Miami-area martini bar has sued the companies that handled the security of the shopping center, in addition to real estate company Avison Young, claiming they were negligent in keeping the area safe.
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October 17, 2024
Burford Again Loses Fight Against Meat Price-Fixing Deal
An Illinois federal judge on Thursday refused for a second time to let a Burford Capital LLC unit unbind itself from a global settlement Pilgrim's Pride and Sysco entered to resolve chicken, pork and beef price-fixing claims.
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October 17, 2024
Treasury Unit Says Booze Maker Violated N. Korea Sanctions
The U.S. Department of the Treasury's Office of Foreign Assets Control said Thursday that it has reached an $860,000 settlement with a Vietnam-based alcoholic beverage company over its alleged role in allowing U.S. financial institutions to process $1.1 million in payments to North Korea, violating sanctions regulations.
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October 17, 2024
Justices Urged To Fix 'Novel Misreading' Of IP Safe Harbor
Edwards Lifesciences is asking the U.S. Supreme Court to rein in what's covered under a drug-development safe harbor to avoid patent infringement, saying the Federal Circuit wrongfully expanded it in a "novel misreading" of the law.
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October 17, 2024
Man Says He Was Forced From Security Job For Being 'Too Old'
Food, janitorial and security service provider Blackstone Consulting Inc. has been sued in Georgia federal court by a former employee who alleges the company engaged in a "relentless campaign of age-based harassment and disparate treatment" against him before demoting him, significantly decreasing his pay and effectively forcing him to resign.
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October 17, 2024
$20B Verizon-Frontier Deal Faces Scrutiny, And Other Rumors
A growing list of Frontier Communications' largest shareholders are concerned about its planned $20 billion takeover by Verizon Communications, and a group of former professional athletes are in talks to buy a stake in the NFL's Buffalo Bills. Here, Law360 breaks down these and other notable rumors from the past week.
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October 17, 2024
Restaurant Says Toast Refusing To Update Bank Info
A Boston restaurant says it's struggling to stay afloat because point-of-sale provider Toast Inc. won't update its banking information and is sitting on more than $200,000 in revenue, according to a lawsuit filed Thursday in Massachusetts state court.
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October 17, 2024
Restaurant Barred From Intimidating Workers In FLSA Dispute
A Connecticut federal judge ordered a restaurant group and its owners not to retaliate against workers who speak to the U.S. Department of Labor during a Fair Labor Standards Act investigation, issuing an injunction following the DOL's allegations that two owners threatened to kill an ex-worker for assisting the agency.
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October 16, 2024
H2-A Workers Allegedly Forced To Work In Potato Warehouses
Three Mexican citizens filed a proposed collective action in Colorado federal court Tuesday alleging a company lured them to work in the U.S. under guest worker visas with false promises, then trafficked them into forced labor in Colorado potato warehouses.
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October 16, 2024
Rule Will Boost Alaskan Native Reps On Subsistence Board
The federal government on Wednesday announced a final rule that will strengthen Alaskan Indigenous representation on the Federal Subsistence Board by, for the first time, adding members nominated by the tribes that will be impacted by the board's decisions on the state's land and waters.
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October 16, 2024
Judge Orders 'Starbuds' Co. To Grind Down Logo And Name
A federal judge in Manhattan has ordered a cannabis food truck to destroy all of its "Starbuds" logos, after siding with coffee giant Starbucks Corp. in a copyright infringement lawsuit.
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October 16, 2024
Utah Groups Can't Scrap Corporate Transparency, US Says
A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.
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October 16, 2024
FTC Says Customers Must Be Able To 'Click To Cancel'
Companies will now be required to allow customers to ditch their subscriptions with a single click after the Federal Trade Commission finalized its new "click to cancel" rule, which has been years in the making.
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October 16, 2024
Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims
The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.
Expert Analysis
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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.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.