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Food & Beverage
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January 29, 2025
Turkey Producers Say Burford Unit's Suit Is Purely Profit-Led
Turkey producers fighting consolidated price-fixing claims in Illinois urged a federal judge Tuesday to kick a Burford Capital Investment unit's claims out of the case on summary judgment, arguing the action exists solely because of the litigation funder's drive to profit from a lawsuit.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
5th Circ. Rejects Outside Bid To Defend CFPB Small-Biz Rule
The Fifth Circuit on Wednesday stood by its decision to refuse two advocacy groups' request to help defend the Consumer Financial Protection Bureau's small business lending data rule, a day after the bureau and the suing banking trade groups pushed back and said they are fine to litigate themselves, without intervention.
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January 29, 2025
8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal
The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.
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January 29, 2025
Senate Confirms Former Rep. Lee Zeldin To Lead EPA
The U.S. Senate on Wednesday confirmed former New York congressman Lee Zeldin to lead the U.S. Environmental Protection Agency.
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January 29, 2025
Fla. Judge OKs Settlement In Energy Drink Co. Bankruptcy
A Florida federal bankruptcy judge on Wednesday approved a $3 million settlement in the bankruptcy case of Vital Pharmaceuticals Inc., the company that produces Bang Energy drinks, but declined to seal an agreement with an insurer over the costs of litigation in a Monster Energy Co. lawsuit.
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January 29, 2025
Japanese Candy Biz Loses Trademark Fight With Rival Seller
A Japanese candy exporter failed Wednesday to sway Federal Circuit judges to overturn a trademark board ruling as part of its fight with a rival company over who can use the Japanese word for "feudal lord" in order to sell candy.
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January 29, 2025
Curaleaf To Pay $31.8M In Pot Farm Contract Row
A Michigan federal jury on Wednesday found that a pair of Curaleaf affiliates breached their contract with a cannabis farm, awarding the farm nearly $32 million in damages, while rejecting Curaleaf's counterclaims.
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January 29, 2025
2nd Circ. Rejects NY Tribe's Eel Fishing Regs Challenge
The Second Circuit has upheld a lower court's rejection of the Unkechaug Indian Nation's challenge to New York State Department of Environmental Conservation regulations on eel harvests, finding that an agreement dating back to 1676 is not federal law preempting state fishing regulations.
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January 29, 2025
Ex-Sen. Menendez Gets 11 Years For Bribes, Abuse Of Power
A Manhattan federal judge sentenced Robert Menendez to 11 years in prison on Wednesday after a jury convicted the former U.S. senator from New Jersey of engaging in a lengthy, million-dollar course of bribery and corruption, saying his crimes merit "serious consequences."
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January 29, 2025
RFK Jr. Disputes Anti-Vax Label In HHS Confirmation Hearing
Robert F. Kennedy Jr. attempted Wednesday morning to convince Republican and Democratic lawmakers that he is not anti-vaccine, despite many of his past comments to the contrary, as he hopes to convince them to confirm his appointment as head of the U.S. Department of Health and Human Services.
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January 29, 2025
DOL, Zoup Wage Deal Approved On 2nd Try
An Ohio federal judge approved a $30,000 settlement in the U.S. Department of Labor's overtime suit against a Zoup restaurant franchisee after initially rejecting the deal, finding the revised terms fair and reasonable.
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January 28, 2025
Trade Groups Dial Up Push For Congress To Pass Privacy Law
A broad coalition of business trade groups on Tuesday called on the newly installed Congress to enact a national data privacy framework that would preempt state laws, arguing that the move was necessary to promote competition and boost consumer confidence in the current age of rapid technological innovation.
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January 28, 2025
CFPB, Bank Orgs Rebuff Intervention Bid In Data Rule Fight
In a moment of agreement, the Consumer Financial Protection Bureau and a group of banking trade groups pushed back on Tuesday against a bid to intervene by two advocacy groups in a suit over the CFPB's small business lending data rule.
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January 28, 2025
Trump's Colombian Clash Could Boost China's Trade Appeal
President Donald Trump's trade tussle with Colombian President Gustavo Petro over repatriation flights could prove costly for the U.S. when it comes to building on economic relationships in Latin America, including by opening the door for China to capitalize.
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January 28, 2025
9th Circ. Backs Class Attys' $8M In Fees In Joint Juice Suit
The Ninth Circuit on Tuesday upheld an $8 million fee award to plaintiffs who prevailed in a false advertising suit against food company Premier Nutrition Corp. over its Joint Juice supplement, finding the lower court didn't abuse its discretion in awarding fees for work plaintiffs' attorneys performed while a related case was pending.
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January 28, 2025
19 Republican State AGs Press Costco To End DEI Policies
A group of nearly 20 Republican attorneys general is urging Costco to end its diversity, equity and inclusion initiatives in the wake of President Donald Trump's recent executive order encouraging companies to end them, criticizing the initiatives as "discriminatory" and saying they fly in the face of recent U.S. Supreme Court precedent.
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January 28, 2025
Baker Botts Atty Says Inventor's Defamation Claims Are False
A Baker Botts LLP partner hit back Tuesday against a patent-licensing company executive's claims that she made defamatory statements about him related to infringement litigation over a patent for a mobile restaurant ordering app with personalized suggestions.
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January 28, 2025
Feds, Enviro Orgs. Look To Sink Farm's 'Swampbuster' Challenge
The federal government and environmental groups have asked an Iowa federal court to reject a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas.
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January 28, 2025
Nestle Plant Can Switch Power Providers, Ga. Justices Rule
The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia.
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January 28, 2025
Trader Joe's Accused Of Badly Stocked 401(k), High Fees
Grocery chain Trader Joe's mismanaged its retirement plan for employees to the tune of tens of millions of dollars, according to a potential class action filed Tuesday in Massachusetts federal court.
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January 28, 2025
Menendez Says Any Prison Time Should Wait For Appeal
Former U.S. Sen. Robert Menendez told a Manhattan federal judge ahead of his sentencing hearing Wednesday that any prison term should be delayed until after his appeal of his bribery conviction plays out, saying the Second Circuit could well rule in his favor.
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January 28, 2025
Paul Hastings, Cravath Lead Smithfield's Reduced $522M IPO
Shares of pork producer Smithfield Foods Inc., which has spun off from China's WH Group, began trading Tuesday after the company priced a downsized $522 million initial public offering below its initial range, with Paul Hastings LLP advising Smithfield in the offering and Cravath Swaine & Moore LLP representing its underwriters.
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January 28, 2025
Mich. Steakhouse Drops $2M Negligence Suit Against Atty
A Michigan steakhouse has dropped its malpractice suit against its former attorney after claiming the lawyer made mistakes in franchise agreements that cost it more than $2 million, according to a stipulated order Tuesday.
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January 28, 2025
6th Circ. Seems Cold To Dairy Queen Franchisee's Sale Appeal
A Sixth Circuit panel appeared skeptical Tuesday that Dairy Queen violated the terms of a franchise agreement with the owners of a dozen restaurant locations in Michigan by blocking the proposed sale of two stores.
Expert Analysis
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.