Food & Beverage

  • May 30, 2024

    Commerce Pours Up 203% Duties For Chinese Wine Bottles

    The U.S. Department of Commerce set early duties of 202.70% on wine bottles made by eight Chinese manufacturers who did not respond to the agency's questions, while the lone cooperator landed a preliminary rate of 21.14%.

  • May 30, 2024

    Bottler Says It's Owed Defense In Wine Contamination Dispute

    A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.

  • May 29, 2024

    5th Circ. Sends Hain Toxic Baby Food Suit To State Court

    Grocery store chain Whole Foods Market Inc. and international food company Hain Celestial Group Inc. can't escape a lawsuit seeking to hold them liable for the mental and physical decline of a toddler, allegedly caused by tainted baby food they sold, the Fifth Circuit ruled, saying the case was improperly removed to federal court.

  • May 29, 2024

    Russian Subway Franchisee Can't Tank Arbitral Awards

    A Manhattan federal judge said he won't let a Russian Subway franchise owner win its contract dispute with the sandwich giant, instead granting the fast-food chain's petition to confirm two arbitral awards while denying the franchisee's bid to vacate them.

  • May 29, 2024

    Barilla Pasta Buyers Win Class Cert. In Italy Labeling Suit

    A California federal judge on Tuesday certified a class action alleging Barilla falsely labels its pasta as being made in Italy after she rejected the company's argument the class is insufficiently defined since it removed the challenged representation in 2022, finding a well-defined class can include those who suffered no injury.

  • May 29, 2024

    Kansas Gov. Sets June Special Session On Taxes

    The Republican-led Kansas Legislature will meet in a special session June 18 to consider tax relief legislation, the state's governor said Wednesday, calling for compromise following her veto of a bill to reduce income tax rates.

  • May 29, 2024

    Commerce Readies 250% Duty For Cambodian Paper Bags

    The U.S. Department of Commerce determined a nearly 250% final anti-dumping duty rate for certain Cambodia-origin paper shopping bags, saying a company hindered the department's probe into whether the bags were hurting the U.S. through unfairly priced imports.

  • May 29, 2024

    Anheuser-Busch, Tilray Fight Beer Sale Injunction Bid

    Anheuser-Busch InBev and Tilray Brands Inc. want a New York federal court to deny an injunction to a distributor alleging they are interfering with its contract to exclusively export craft beers, saying the contract is unenforceable and the potential harm is only speculative.

  • May 28, 2024

    Ranchers' Claims Again Tossed From Beef Price-Fixing MDL

    A Minnesota federal judge has once again thrown out beef price-fixing claims brought by ranchers who raise cattle and calves, ruling Tuesday that the ranchers still haven't clearly established they are directly affected by the alleged scheme.

  • May 28, 2024

    Agri Stats Can't Duck Or Transfer DOJ, States' Antitrust Suit

    Agri Stats can't transfer or dismiss an antitrust case brought by the U.S. Department of Justice and six states that accuses the third-party data compiler of helping meat processors swap sensitive business information, a Minnesota federal judge ruled Tuesday.

  • May 28, 2024

    Chiquita Ops Chief Says Militant Leader Extorted Company

    Chiquita's former head of Colombia operations took the stand Tuesday for the second time in a trial over the banana company's funding of right-wing paramilitaries, recounting to jurors how he was summoned to the house of a notorious paramilitary boss to convey what he said were threats on the company's business.

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    Chicken Buyers Defend Additional $37M Atty Fee Ask

    Direct chicken buyers who have inked more than $284 million in price-fixing settlements defended their counsel's request for more than $37 million in what would be their third payout in the massive case, saying the request is consistent with both precedent and past experience.

  • May 28, 2024

    Kroger, Albertsons Must Give FTC Texts, Written Notes

    Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Albertsons to produce text messages and handwritten notes from key employees as part of the agency's merger challenge.

  • May 28, 2024

    Guinness Brewer Beats Appeal In Whiskey Bottle TM Dispute

    The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo's trademark rights for its own whiskey brand.

  • May 28, 2024

    5 Firms To Steer Pair Of Large IPOs That Could Net $1.8B Total

    Private-equity backed hospital billing firm Waystar Holding Corp. and aluminum recycling giant Novelis Inc. on Tuesday launched plans for two initial public offerings that could raise an estimated $1.8 billion combined, guided by five law firms, potentially testing the strength of the IPO market's recovery.

  • May 28, 2024

    Edwards Urges Full Fed. Circ. To Limit FDA Safe Harbor

    Edwards Lifesciences has petitioned the full Federal Circuit to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development, arguing that if Congress wanted the statute to be interpreted broadly, "it would have said exactly that."

  • May 28, 2024

    Davis Wright Recruits Kelley Drye FDA Practice Chair In DC

    Davis Wright Tremaine LLP said Tuesday that the head of Kelley Drye & Warren LLP's Food and Drug Administration practice group has joined the firm as an advertising and food and drug law partner in Washington, D.C.

  • May 28, 2024

    Colo. Creates Tax Credits For Agricultural Stewardship

    Colorado farms and ranches that use certain agricultural stewardship practices will be eligible for tax credits of up to $300,000 under legislation signed into law by Gov. Jared Polis.

  • May 24, 2024

    Top Senate Banking Dem Presses DoorDash On Biz Advances

    Food ordering and delivery platform DoorDash has come under fire from the chair of the U.S. Senate's banking committee over merchant cash advance products offered on its platform, with the lawmaker saying the typically high costs of such offerings bear "a troubling similarity to payday lending practices."

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Logan Paul's Energy Drink Co. Sues Boxer For Defamation

    Prime Hydration, led by YouTube celebrity Logan Paul, has accused boxer Ryan Garcia of defamation in Texas federal court over his ongoing campaign to paint the drink in a negative light, including saying it contains harmful chemicals like cyanide that will "hurt you big time."

  • May 24, 2024

    Shuttered Paper Mill Flouted $12M Incentive Deal, NC AG Says

    The state of North Carolina is suing food and beverage packaging company Pactiv Evergreen to recoup $12 million in economic incentives the company allegedly accepted to keep a local mill up and running after it abruptly shuttered the facility last year.

  • May 24, 2024

    Judge Finds Cannabis Tracking Suit Targeted Wrong Agency

    A Colorado maker of cannabis edibles lost its bid to block state marijuana regulators from requiring that cannabis companies buy inventory trackers made by Florida-based Metrc, a nationwide vendor of such tags, when a state judge ruled that the edibles-maker sued the wrong agency.

  • May 24, 2024

    Food Supplier Says Exec Raided Files, Jumped to Competitor

    A senior sales executive at a Massachusetts food distributor spent his final days with the company slipping in after hours and on weekends to print out and photocopy customer records and other trade secrets, before jumping to a direct competitor, according to a lawsuit filed in state court.

Expert Analysis

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Opinion

    Farm Bill Gives Congress 2024's Biggest Enviro Opportunity

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    A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • 3 Key Class Action Trends To Use As Guidance In 2024

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    Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • How 4 State AGs Are Shaping Data Privacy Compliance

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    As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 4 International Arbitration Trends To Monitor In 2024

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    Global growth slowed substantially in 2023, and may continue into 2024 due to geopolitical instability, which could fuel four key trends in international arbitration in the coming year, including investor-state and commercial arbitration, an increase in arbitration out of China, and more, say Gregory Litt and Sharmistha Chakrabarti at Skadden.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

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