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Food & Beverage
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May 16, 2024
Whirplool, Others Must Face Trimmed Gas Stove Safety Suits
Whirlpool Corp., Samsung Electronics and BSH Home Appliances Corp. must face trimmed claims in a trio of proposed class actions accusing them of failing to disclose to consumers the pollutant risks associated with natural gas stoves, a California federal judge ruled.
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May 16, 2024
Deals Rumor Mill: Shein IPO, Kraft Heinz, Cinven-Jaggaer
Online fashion giant Shein is shifting IPO plans from the U.S. to London amid resistance from U.S. lawmakers and Chinese regulators, Kraft Heinz wants to sell its Oscar Mayer business, and private equity firm Cinven hopes to divest software firm Jaggaer for $3 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.
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May 16, 2024
11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit
An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."
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May 16, 2024
Burger King Franchisee Seeks BIPA Coverage Quick Win
A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.
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May 16, 2024
Biden Admin Proposes To Loosen Restrictions On Marijuana
President Joe Biden on Thursday announced that his administration has formally recommended relaxing restrictions on marijuana, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.
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May 15, 2024
'Law And Order' Star Sues Instacart Over Dog's Shooting
"Law & Order" actor Angie Harmon has filed a lawsuit against Instacart and a delivery driver who she claims shot and killed her dog while delivering groceries to her home, according to the complaint lodged in North Carolina state court.
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May 15, 2024
Water Co. To Pay $8.5M Criminal Fine Over Accounting Claims
Wastewater treatment company Evoqua Water Technologies Corp. has reached an $8.5 million agreement with federal prosecutors allowing the company to avoid criminal charges for allegedly inflating the company's revenue by $36 million.
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May 15, 2024
2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'
The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.
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May 15, 2024
Family, Cos. Seek $440M Zimbabwe Award Enforcement
Two forestry and sawmill companies plus a family have asked the D.C. Circuit to enforce approximately $440 million of arbitral awards they won against the Republic of Zimbabwe, saying the court "plainly" has jurisdiction under the arbitration exception contained in the Foreign Sovereign Immunities Act.
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May 15, 2024
Feds Urge Prison For Convicted Baby Formula Fraudster
Urging the judge to communicate the gravity of white collar crime, federal prosecutors in New York asked Wednesday that a Staten Island man get at least 2.25 years in prison after he pled guilty to forging baby formula prescriptions as part of a scheme to defraud insurers of $1.9 million.
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May 15, 2024
Feds, Pesticide Cos. Seek More Time To Find Mediator
The Federal Trade Commission and agricultural chemical companies Syngenta and Corteva are seeking extra time to select a mediator as they litigate claims that the manufacturers leverage loyalty programs to suppress competition from cheaper generic pesticides.
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May 15, 2024
Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only
Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.
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May 15, 2024
DoorDash Inks Deal To End NY AG's Conviction Bias Claims
DoorDash has reached a settlement with New York Attorney General Letitia James to resolve allegations that the food delivery platform regularly rejected applicants with criminal histories without considering factors such as the nature of the conviction and its bearing on the job sought, the law enforcement official's office announced Wednesday.
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May 15, 2024
Minn. Tax Court OKs Trim To Restaurant Property's Value
A Minnesota restaurant property should have its valuation lowered after the property owner provided a more reliable appraisal report, the state Tax Court ruled.
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May 15, 2024
Hemp Co. Settles Sales Dispute With Fla. Regulators
The Florida Department of Agriculture and Consumer Services has inked a deal with a hemp-product maker that accused the agency of overstepping its bounds and using stop-sale orders to block it from selling its hemp products outside the state.
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May 15, 2024
Winston & Strawn Adds Buchalter IP Atty As Trademarks Lead
Global firm Winston & Strawn LLP has hired a Buchalter PC attorney to bolster its intellectual property practice and lead its global trademark prosecution and counseling efforts.
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May 15, 2024
Grocery Chain Outfox Files Ch. 7 After Closing All Locations
The parent company of Foxtrot Market and Dom's Kitchen & Market filed for Chapter 7 in Delaware, less than a month after the grocery chain announced it would be closing its 35 stores in Illinois, Texas and the Washington, D.C., area.
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May 14, 2024
Effect Of New China Duties Hinges On Allies' Response
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
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May 14, 2024
Colo. Org Lacks Standing In Access Law Row, Judge Says
The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.
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May 14, 2024
Wash. Biz Groups Say EPA Water Regs Impossible To Follow
Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."
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May 14, 2024
Insurer Wants Tainted Wine Coverage Suit Axed For Good
A Nationwide unit asked a California federal court to permanently toss a wine bottling company's suit seeking reimbursement for costs incurred in defending and settling an underlying suit claiming the bottler damaged nearly $1.2 million of wine, saying the company failed to allege facts that would trigger coverage.
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May 14, 2024
Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance
Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.
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May 14, 2024
Judge Cuts Customer's Walmart Seafood Sustainability Claims
An Illinois federal judge has cut several claims from a consumer's proposed class suit targeting allegedly deceptive sustainability representations Walmart makes about its seafood, but left the door open for her to amend her allegations before going forward.
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May 14, 2024
Mich. AG Says Eli Lilly 'Cherry-Picking' Enforcement Data
Michigan's attorney general has hit back against Eli Lilly's arguments that recent consumer protection law recoveries show her office is not being hampered in its investigations, as she seeks subpoenas in a probe of the pharmaceutical giant's pricing for an insulin drug.
Expert Analysis
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New Initiatives Will Advance Corporate Biodiversity Reporting
Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Cos. Can Prioritize Accessibility Amid Increase In Suits
The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Lessons On Arbitration Carveouts From Diddy-Diageo Suit
After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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NY Rulings Show Tough Odds For 'Made With' Class Actions
Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.
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Practice Tips To Help Keep Patent Reissuance Options Open
The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.