Food & Beverage

  • June 13, 2024

    New Evidence Triggers Amended Misclassification Complaint

    Growers accusing a chicken farm of misclassifying them as independent contractors can amend their suit, a South Carolina federal judge ruled Thursday, agreeing that new evidence they obtained could expand the suit's reach.

  • June 13, 2024

    Hemp Co. Sues SD Gov. Over New Cannabinoid Law

    A South Dakota hemp company on Thursday filed a federal lawsuit against the state's governor and attorney general over a new law due to take effect next month that would ban the processing of hemp derivatives into intoxicating products.

  • June 13, 2024

    Brewpub Reaches $115K Deal To Exit EEOC Retaliation Suit

    A restaurant and brewery agreed Thursday to pay $115,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a Black cook for flagging verbal abuse of Black and Hispanic employees in the workplace, according to a filing in Georgia federal court.

  • June 13, 2024

    4th Circ. Revives Bacardi Fight Over Expired TM Renewal

    The Fourth Circuit on Thursday revived Bacardi's lawsuit challenging the U.S. Patent and Trademark Office's decision to renew an expired trademark registration for Havana Club rum, finding such registration renewals can be reviewed by the courts.

  • June 13, 2024

    Tribes Fight BC's Consultation Policy On Aboriginal Rights

    Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.

  • June 13, 2024

    Starbucks Must Share Hot-Drink Training Info In Burn Suit

    Starbucks must turn over information on how it trains employees to handle hot drinks at drive-throughs and on recent complaints received in the Detroit area, a Michigan federal judge said Thursday after finding the information is relevant to a customer's suit alleging she was severely burned when a lid popped off her hot tea cup.

  • June 13, 2024

    Perdue Wants Copycat Wage Suit Tossed or Transferred

    Perdue Foods asked a Maryland federal judge Thursday to throw out or transfer to Georgia a chicken grower's suit alleging independent contractor misclassification, saying the claims are identical to another suit in that state the named plaintiff was involved with.

  • June 13, 2024

    Mass. High Court Approves Tipped Wage Ballot Measure

    Massachusetts' highest court on Thursday gave its blessing to a November ballot question asking voters to increase the state's minimum wage for tipped workers, finding that pairing the measure with a provision to allow tip pooling is part of an overall public policy goal to boost wages for all service industry employees.

  • June 13, 2024

    Brazilian Food Chain Co. SouthRock Files Ch. 15 In Texas

    SouthRock Capital Ltda., a Brazilian private equity company that operates international food service brands including Starbucks and TGI Friday, filed for Chapter 15 bankruptcy in Texas, blaming its insolvency on the COVID-19 pandemic and volatility in Brazil's economy.

  • June 13, 2024

    Supreme Court Tightens NLRB Injunction Test

    The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.

  • June 12, 2024

    NFL Exec Denies League Fixed Sunday Ticket Price At Trial

    One of the NFL's top executives denied on the witness stand Wednesday in a California federal courtroom that the league dictated the cost of the DirecTV Sunday Ticket package, pushing back when an attorney for subscribers bringing multibillion-dollar antitrust claims suggested some internal emails are evidence the league fixed the price.

  • June 12, 2024

    Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say

    Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.

  • June 12, 2024

    Something Fishy With Conagra's '100% Whole Fish,' Suit Says

    Customers alleged in Illinois federal court Tuesday that Conagra misled them by marketing its popular Van de Kamp's and Mrs. Paul's frozen fish products as "100% whole fish," despite artificially adding weight to those fish with an industrial filler and extra water.

  • June 12, 2024

    $18.8M Theft Coverage Suit Must Be Heard In State Court

    A Texas federal judge ruled that a lawsuit brought against an insurer over $18.8 million in theft and vandalism at a Georgia shopping center belongs in state court, refusing to create diversity by removing a plaintiff. 

  • June 12, 2024

    Conn. Eatery Owners Threatened To Kill Ex-Worker, DOL Says

    A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

  • June 12, 2024

    Massachusetts Pot Shop To Take Union Fight To 1st Circ.

    A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.

  • June 12, 2024

    Magistrate Endorses Axing OT Suit But Allowing 2nd Chance

    A federal magistrate judge advised tossing an unpaid overtime lawsuit against a California cold storage company that specializes in packing agricultural goods, but said the worker should have an opportunity to flesh out their claims.

  • June 11, 2024

    NFL Sunday Ticket Monopoly Cost Fans $7B, Expert Testifies

    An economist testifying as an expert for the plaintiffs in a California federal trial over multibillion-dollar antitrust claims brought against the NFL by DirecTV Sunday Ticket subscribers said Tuesday that subscribers suffered over $7 billion in damages from DirecTV's alleged monopoly on the television package.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • IP Suits Over Brand Owner Font Use Offer Cautionary Tales

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    Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • FTC Warning Letters Note 5 Mistakes For Influencers To Avoid

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    The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.

  • Ohio Voters Legalize Cannabis — What Comes Next?

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    This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.

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