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Food & Beverage
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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.
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June 07, 2024
Minn. Jury Convicts 5 In Food Aid Fraud Trial Marred By Bribe
A Minnesota federal jury on Friday convicted five out of seven defendants on a litany of charges alleging they schemed to defraud a federal food aid program during the COVID-19 pandemic, days after one juror told of being offered a $120,000 bribe to vote for acquittal.
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June 07, 2024
Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit
In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.
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June 07, 2024
Justices Are Asked To Ax 9th Circ. Price Discrimination Test
A retail trade association is coming to 5-Hour Energy's defense, calling for the U.S. Supreme Court to take up the energy drink-maker's petition challenging a 2023 Ninth Circuit ruling that revived claims from a group of wholesalers alleging that the company engaged in illegal price-fixing advantaging Costco.
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June 07, 2024
SEC Fines Asian Food Supplier $3.9M Over Splurging Ex-CEO
The U.S. Securities and Exchange Commission has reached a $3.9 million settlement with HF Foods Group Inc. over claims that the food distributor issued false and misleading disclosures, just two days after the regulator settled with two HF Foods executives in a separate case over similar claims.
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June 07, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.
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June 06, 2024
NFL Sunday Ticket Is A Rigged Game, Antitrust Jury Told
An attorney for NFL Sunday Ticket subscribers told a California jury Thursday during opening statements of a multibillion-dollar antitrust suit that secret documents will prove the NFL engaged in anticompetitive behavior, and the trial would reveal the "darker side of the NFL behind the shield."
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June 06, 2024
Real Water Caused 'Devastating' Hospitalizations, Jury Told
A mother whose twin babies were hospitalized with acute liver failure after the family subscribed to water delivery service Real Water told a Nevada state jury Thursday that the experience was "devastating."
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June 06, 2024
FTC Says Kroger Hasn't Turned Over Promised Documents
The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."
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June 06, 2024
Texas Court Revives Whataburger Customer's Injury Suit
A Texas appellate court on Thursday refused to let Whataburger escape a lawsuit seeking to hold it liable for injuries a customer sustained after her arm was lacerated by a worker carrying a condiment tray, reinstating the customer's claims against the restaurant chain and paving the way for a trial.
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June 06, 2024
Victims Say Chiquita Paramilitary Payments Weren't Extortion
Attorneys for the families of people killed by right-wing paramilitaries in Colombia's banana-producing region asked jurors Thursday for an amount totaling tens of millions of dollars in damages as they closed out their Florida federal case against Chiquita, arguing the company willingly funded paramilitary groups.
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June 06, 2024
Dollar Tree Mint's Injury To Toddler Not Covered, Insurer Says
The insurer of a breath mint manufacturer told a Missouri federal court that due to a pollution exclusion in its policy, it shouldn't have to defend against a suit alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree.
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June 06, 2024
EPA To Reevaluate Widely Used Toxic Chemical Under TSCA
The U.S. Environmental Protection Agency has proposed a rule to limit the use of a chemical found in hundreds of products from paint to cleaning products that has been linked to miscarriages, reduced male fertility and other health issues.
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June 06, 2024
Abbott Labs Must Face Bulk Of Glucerna False Ad Suit
A California federal judge won't free Abbott Laboratories from a proposed class action over its Glucerna shakes, saying the complaint plausibly alleges that the labeling would mislead consumers about the health aspects of the drinks.
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June 05, 2024
Denver Nuggets Owner Says Hot Dog Biz Owes $860K
Billionaire Stan Kroenke's sports holding company, which owns the Denver Nuggets and other professional sports teams, sued a Denver-based hot dog shop chain in state court, alleging the food vendor owes more than $860,000 in sponsorship fees as part of a deal to promote its brand at Ball Arena during sporting events.
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June 05, 2024
Massive NFL Sunday Ticket Antitrust Trial Kicks Off In LA
The California federal trial in a multibillion-dollar antitrust suit against the NFL by Sunday Ticket subscribers kicked off Wednesday with the seating of eight jurors and two alternates, after some potential jurors were eliminated for expressing strong views on former NFL quarterback Colin Kaepernick, player concussions and the league's significant wealth.
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June 05, 2024
Fed. Circ. Questions Willfulness Finding Over Meat Slicer Patent
A Federal Circuit panel appeared wary Wednesday of Provisur Technologies Inc.'s argument that Weber Inc. knew it was infringing its patents for meat slicing and packaging machines, the basis for a $10.5 million judgment against Weber last year.
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June 05, 2024
Texas Tamale Co. Wins Partial Injunction In Trademark Case
A Texas federal magistrate judge has found that a Fort Worth tamale outfit called Texas Lone Star Tamales can't use certain phrases in its advertising but limited some language in a requested injunction.
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June 05, 2024
TTAB Rejects Gin Maker's Attempt To Narrow 'Iron Balls' Mark
The Trademark Trial and Appeal Board has refused a gin maker's bid to force a Texas brewery to limit its use of the phrase "Iron Balls" to craft microbrews instead of just "beer," saying such a change wouldn't make confusion any less likely.
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June 05, 2024
Ill. Budget Has Higher Cap On NOLs, Sports Betting Tax Hike
Illinois will extend a cap on corporate net operating loss deductions, increase its sports betting tax and reduce sales tax rebates for retailers under a $53.1 billion fiscal year 2025 budget signed Wednesday by Democratic Gov. J.B. Pritzker.
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June 05, 2024
Hiring Pattern Dooms Mo. Spa's Quest For Foreign Waitstaff
A lakeside Missouri resort and spa lost in its quest to hire 15 foreign waitstaff for its tourist season after a U.S. Department of Labor appeals board ruled the resort failed to show its need for the foreign staff was temporary.
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June 05, 2024
Davis Polk Guiding Dollar Tree On Potential Family Dollar Sale
Davis Polk & Wardwell LLP is representing Dollar Tree Inc. in a formal strategic review of its Family Dollar business that could lead to a sale, spinoff or other disposition, the Virginia-based retailer revealed Wednesday.
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June 05, 2024
McDonald's Loses 'Big Mac' TM Rights Over Poultry In EU
A European Union court on Wednesday stripped McDonald's of its right to use the "Big Mac" trademark on chicken sandwiches in the bloc, ruling that the fast food giant had failed to put the sign to proper use on poultry products in recent years.
Expert Analysis
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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.
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New Calif. Hemp, CBD Rules Affect Nationwide Compliance
Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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Assessing D&O Coverage Amid Challenges To DEI Policies
As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Navigating Over-The-Counter Product Ads After FTC Warning
Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.
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AGs' Distaste For Food Bill May Signal Other State Issues
States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Cases Linking Baby Food, Autism Pose Causation Challenges
Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.
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What Marijuana Status Change Would Mean For Industry
If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.
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6 Lessons From Direct Selling Industry's Win Over FTC
A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.
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Calif. Climate Disclosure Bills Promise Challenges For Cos.
Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Tips For Student Visa Applicants Mired In Processing Delays
Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.