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Food & Beverage
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September 10, 2024
UK Watchdog Probes Carlsberg's £3.3B Britvic Takeover
The Competition and Markets Authority said on Tuesday that it is investigating whether the planned £3.3 billion ($4.3 billion) takeover by Danish brewer Carlsberg AS of Britvic PLC, a British soft drinks producer, could damage competition in U.K. markets.
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September 09, 2024
Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes
The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.
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September 09, 2024
Lindt Can't Escape Suit Over Heavy Metals In Dark Chocolate
Candymaker Lindt & Sprüngli can't escape claims that its dark chocolate contained dangerous levels of lead and cadmium, a Brooklyn federal judge has ruled, saying the consumers' claims that they paid a premium for allegedly defective products counts as an injury.
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September 09, 2024
6th Circ. Affirms Ax Of '100% Raw' Honey-Labeling Fight
The Sixth Circuit has affirmed a decision tossing consumers' proposed class action over Strange Honey Farm LLC's "100% raw Tennessee honey" labels, finding that while the appellate court has jurisdiction to hear the consumers' appeal, the lower court rightly dismissed the "conclusory" allegations without leave to amend.
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September 09, 2024
Fed. Circ. Backs PTAB Ruling In Food Wrapping Feud
The Federal Circuit has refused to revive claims in a trio of Converter Manufacturing LLC food wrapping patents, handing a win to patent challenger Tekni-Plex Inc. in the legal dispute.
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September 09, 2024
7-Eleven Says No To Talks With Couche-Tard After $40B Denial
After rejecting a nearly $40 billion buyout offer from Alimentation Couche-Tard Inc. last week, the parent company of 7-Eleven told the Canadian retailer Monday that it hasn't yet brought forth an offer that warrants "substantial discussions."
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September 09, 2024
Ex-NYC School Official Gets 2 Years For Bribery Scheme
A former official in New York City's education system was sentenced in federal court Monday to two years in prison, while three others accused of conspiring with him also got prison time, after being convicted of taking bribes to help the co-defendants sell substandard foods to city schools.
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September 09, 2024
Owner Of Mass., NH Eateries Cops To $2M Tax Fraud
The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Hostmore Nixes £177M TGI Fridays Takeover
British restaurant group Hostmore on Monday nixed its £177 million ($231.4 million per Monday's currency conversion) deal to buy the American-themed casual dining business TGI Fridays after the company lost control of many of its assets and revenue streams, which "potentially impairs the future revenue of the business."
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September 06, 2024
Employment Authority: A Look At Min. Wage Ballot Measures
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how courts could later consider laws passed through ballot measures about boosting the minimum wage and collective bargaining and four argument sessions that bias attorneys should watch in September, including the Eighth Circuit's review of a challenge to the abortion-related workplace accommodations within the U.S. Equal Employment Opportunity Commission's Pregnant Workers Fairness Act final rule.
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September 06, 2024
Health-Ade Settles Suit Over 'Forever Chemicals' In Kombucha
A consumer who filed a proposed class action against popular kombucha-maker Health-Ade LLC claiming the beverages contained "forever chemicals" has apparently settled her claims against the company, according to an order issued by a New York federal judge.
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September 06, 2024
Starbucks Finds Interest For Appeal In Shareholder Suit
A Washington Court of Appeals commissioner suggested to two Starbucks shareholders on Friday that their lawsuit must "do more than what it does" as of now if they want to accuse corporate leadership of responding illegally to barista unionization, hinting the court will likely take up the coffee giant's appeal.
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September 06, 2024
Abbott Hit With False Ad Suit Over Toddler Nutrition Drink
A proposed class of consumers is suing Abbott Laboratories in California federal court, alleging that it misleads buyers by claiming its toddler drinks provide a number of health benefits when in fact they are harmful and contain added sugars.
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September 06, 2024
Calif. Gov. Targets Hemp Intoxicants With Emergency Ban
California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.
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September 06, 2024
Fast Food Co., EEOC End Suit Over Late Demographic Data
A California-based fast food franchisee has agreed to resolve a U.S. Equal Employment Opportunity Commission suit alleging it spurned its legal duty to share demographic information about its employees, the latest company to settle the agency's claims over tardy filings.
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September 06, 2024
7-Eleven Parent Rejects Nearly $40B Buyout Offer
The Tokyo-based parent company of convenience store chain 7-Eleven has turned down a nearly $40 billion nonbinding buyout offer from Couche-Tard, nudging the Canadian convenience store owner in a Friday letter to offer something better, and stating that the bid undervalues the business and fails to acknowledge regulatory concerns.
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September 05, 2024
Labor, Industry Agree: Mich. Wage Ruling Should Stand
Hospitality groups and workers' rights campaigners have both slammed Michigan regulators' request that the state supreme court clarify its recent minimum wage ruling, the groups coming to opposite conclusions about the state's intent but agreeing that the justices should deny the request and let the ruling speak for itself.
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September 05, 2024
Unconstitutionality Of Transparency Act Clear, 11th Circ. Told
A small business group and one of its members have told the Eleventh Circuit that an Alabama federal judge correctly ruled that the Corporate Transparency Act is unconstitutional, so there was no need for them to demonstrate that the law fails to pass constitutional muster.
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September 05, 2024
Split 3rd Circ. Won't Rule Out Pa. As Wiretapping Suit Forum
The Third Circuit ruled in a precedential opinion Thursday that a lower court must reconsider if Pennsylvania consumers can sue for privacy violations caused by session replay software, reviving a portion of consolidated wiretapping class claims over activity tracking on websites for companies including Papa John's and Mattress Firm.
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September 05, 2024
Red Lobster Gets Confirmation For Ch. 11 Exit Plan
A Florida bankruptcy judge signed off Thursday on a plan for seafood restaurant chain Red Lobster to exit bankruptcy just under four months after filing for Chapter 11 protection.
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September 05, 2024
'Regrettable Mistake' Can't Bar Subrogation Bid, Insurer Says
An insurer for a Hardee's restaurant urged a North Carolina state appeals court to revive its subrogation action over a December 2019 fire, after it said its counsel made a "regrettable mistake" in naming a related brokerage as the plaintiff rather than the insurer itself.
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September 05, 2024
Fla. Law Firm Says It's Owed $247K In Fees From Chiquita MDL
A South Florida law firm has urged a federal court to grant it $247,000 for its work in reaching a settlement from the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries, saying a fellow attorney waived objections after failing to meet with other lawyers in the case.
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September 05, 2024
Attys' Group Urges Justices To Back Trucker's CBD RICO Suit
The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."
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September 05, 2024
7-Eleven Owners Not Company Workers, Mass. Justices Say
The top court in Massachusetts ruled Thursday that 7-Eleven franchise owners aren't employees because they don't perform services for the corporation that licensed them the franchises.
Expert Analysis
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.