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Food & Beverage
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July 15, 2024
Unilever Sells Water Purification Biz To AO Smith For $120M
Water technology company A.O. Smith has agreed to buy residential water purification solutions provider Pureit from Unilever for roughly $120 million in cash, the two parties announced in separate Monday statements.
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July 15, 2024
Casino Owner Says Insurer Must Face $130M COVID Loss Suit
A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.
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July 15, 2024
Coca-Cola Docs Would Clarify Soda Risk, Mexican Group Says
A Mexican consumer advocacy group has asked a Georgia federal judge to force the Coca-Cola Company to hand over internal documents about the company's alleged efforts to manufacture scientific research that misled soda buyers about the dangerous health effects of sugary beverages.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
Winery Gets $666K Fees After Winning $666K Trademark Row
An Italian winemaker won $666,214 in fees and postjudgment interest for prevailing against a Napa Valley, California, rival in a trademark dispute over similarly named wines, after a New York federal judge said the case was "exceptional," considering the defendants' continued use of the infringing name even after being sued and agreeing to stop.
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July 12, 2024
2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit
Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.
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July 12, 2024
Tire Cos. Can't Pause Fish-Harming Chemical Suit
A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."
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July 12, 2024
Tequila Co. Wants Out Of Brewer's 'Dragon's Milk' TM Suit
A Mexican tequila company said a judge should dismiss a trademark action filed by a Michigan craft brewer to protect its use of the name "Dragon's Milk," saying it hasn't threatened to assert infringement of its "Casa Dragones" mark.
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July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery
A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
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July 11, 2024
Ah, Geez! Fox Sues Pop-Up For Copying 'The Simpsons' Pub
Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit Thursday claiming infringement of intellectual property rights it holds in "The Simpsons" animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe's Tavern from the popular show.
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July 11, 2024
Kroger Asks To Delay At Least Part Of FTC Challenge
Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.
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July 11, 2024
Federal Home Booze Ban Is Unconstitutional, Judge Rules
The federal laws banning making liquor at home are unconstitutional, a Texas federal judge said Wednesday, granting a permanent injunction to a home distilling group and saying the ban goes beyond Congress' enumerated powers.
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July 11, 2024
Customers Want Domino's Kept In BIPA Voiceprint Suit
Domino's Pizza customers told an Illinois federal judge Wednesday that the chain's corporate parent should face their lawsuit over the state's biometric privacy law, saying Domino's can't shield itself given the "unusually high degree of control" it has over the subsidiaries that ultimately own the restaurants they ordered from.
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July 11, 2024
Legal Foundation Urges Justices To Limit RICO's Civil Scope
The Washington Legal Foundation on Thursday urged the U.S. Supreme Court to overturn a Second Circuit decision allowing a trucker to sue three CBD companies under the Racketeer Influenced and Corrupt Organizations Act, saying the circuit court ignored RICO's structure and purpose.
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July 11, 2024
Jurisdiction Issue May Doom Taliban-Seized Warehouse Suit
A logistics company's suit seeking $41 million in coverage after one of its warehouses in Afghanistan was seized by the Taliban will be tossed for lack of subject matter jurisdiction unless the company can cure the deficiency, which "does not appear feasible," a New York federal court ruled.
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July 11, 2024
Hershey, Walgreens Sued For 'One Chip Challenge' Death
The Hershey Co. and its businesses that created and negligently marketed the "One Chip Challenge" to eat an ultra-spicy tortilla chip are responsible for the wrongful death of a Massachusetts 14-year-old, whose death coincided with the product being pulled from the shelves, according to a lawsuit filed Thursday by the boy's mother.
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July 11, 2024
Campbell Soup Snack Truck Drivers Misclassified, Suit Says
A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed collective action filed in North Carolina federal court.
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July 11, 2024
Coca-Cola Faces Revised Suit Over PFAS In Juice Products
A New York man has hit Coca-Cola and its Simply Orange Juice Co. subsidiary with a revised proposed class action alleging they deceptively market juices as pure, healthy and all-natural when they actually contain harmful, man-made forever chemicals.
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July 11, 2024
EPA Grants Petition On Plastic Container PFAS
The U.S. Environmental Protection Agency on Wednesday granted a petition asking it to address several so-called forever chemicals formed during the fluorination of plastic containers for a variety of household and industrial uses.
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July 10, 2024
Chiquita Says Ecuador Banana Co. Prez Must Be Jailed
Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
3rd Circ. Questions Authority Of Fish Management Councils
The Third Circuit on Wednesday grappled with whether the "Fishery Management Councils" that set plans and limits for ocean fisheries are merely advisers to the commerce secretary or if they're empowered enough for their members to be subject to Senate confirmation, with one judge suggesting that the panels are essentially "toothless."
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July 10, 2024
Iowa Blasts Beverage Makers' Challenge To New Hemp Law
The state of Iowa is defending a new law placing restrictions on products with hemp-derived THC, saying the beverage makers who have challenged it in federal court will not prevail on their new claim that the law is unconstitutionally vague.
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July 10, 2024
Wyoming Officials Urge Court Not To Block New Hemp Law
Wyoming state officials have urged a federal judge not to block enforcement of a new law targeting hemp-derived intoxicating products, saying the law is not preempted by federal policy and that the state has an interest in cracking down on such wares.
Expert Analysis
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.