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Food & Beverage
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December 20, 2024
Senate Passes 3-Month Funding Bill, Avoiding Shutdown
The U.S. Senate on Saturday passed a three-month temporary government funding deal after the removal of a contentious proposal to suspend the federal debt ceiling, staving off a government shutdown.
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December 20, 2024
Trade Panel Strikes Down Mexico's Curbs On Biotech Corn
Mexico's 2023 restrictions on the use of genetically modified corn to make tortillas and animal feed violated the country's trade accord with the U.S., a dispute settlement panel ruled Friday, finding that the policy was not based on sound science.
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December 20, 2024
Top Product Liability Cases Of 2024
Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation.
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December 20, 2024
FDA Updates Definition Of 'Healthy' Claims On Food Labels
The U.S. Food and Drug Administration has issued a final rule to update the definition of "healthy" claims on food labels, saying there is an epidemic of diseases in the country that are related to diet.
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December 20, 2024
DOL Sues Over New York BBQ Co.'s $99M Stock Plan Deal
The U.S. Department of Labor sued Argent Trust Co. and several New York City restaurant operators in federal court, alleging they violated federal benefits law by causing a barbecue company's employee stock ownership plan to pay $99 million for overvalued company stock in a leveraged transaction.
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December 20, 2024
Unionized Starbucks Workers Launch 5-Day Strike
Starbucks baristas in unionized stores in Los Angeles, Seattle and Chicago have gone on strike, Starbucks Workers United has announced, saying the union plans to spread the strike to other markets across the country between now and Christmas Eve.
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December 20, 2024
7th Circ. Upholds $900K Punitive Damages Award In TM Case
The Seventh Circuit has affirmed $900,000 in punitive damages against a nutritional company and its owners for infringing the "Diesel Test" trademark of a testosterone-boosting product from a former competitive body builder, saying the defendant's conduct merited the award.
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December 19, 2024
Uber Sues Seattle Over Courier Account Deactivation Law
A Seattle ordinance aimed at preventing app-based workers from being unfairly deactivated from apps they use poses "grave constitutional problems," Uber alleged in a suit filed Wednesday in Washington federal court, saying the local law forces the transportation company to express views inconsistent with how it approaches privacy and safety.
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December 19, 2024
Juice Co. Pres. Supplied Tainted Drink To Low-Income Students
A Washington-based fruit juice company executive pled guilty to charges related to selling tainted juice — some of which found its way into free or low cost lunches provided to students from low-income households — federal prosecutors announced on Thursday along with her nearly $750,000 penalty.
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December 19, 2024
House Rejects 3-Month Funding Bill Despite Trump Support
The U.S. House of Representatives on Thursday rejected a three-month temporary funding deal that would have staved off a government shutdown and had been hastily introduced after President-elect Donald Trump criticized an earlier proposed continuing resolution.
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December 19, 2024
2nd Circ. Affirms PepsiCo Win In TM Fight Over Energy Drink
The Second Circuit on Thursday affirmed a lower court's dismissal of a trademark suit against PepsiCo, saying in a summary order that the beverage company's "Mtn Dew Rise Energy" did not infringe the mark of nitro-brewed canned coffee drinks called "Rise."
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December 19, 2024
Michigan's Biggest Decisions Of 2024
This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.
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December 19, 2024
Chicken Soup Settles $3.1M Pet Food Feud Wth Alphia
Chicken Soup for the Pet Lover's Soul Inc. has settled a Connecticut lawsuit that accused it of breaching a deal with a manufacturer to buy more than 1.3 million pounds of pet food every month between October 2023 and September 2024, state court records show.
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December 19, 2024
In-House Vet Helps Norton Rose Grow In Denver
An experienced in-house attorney who most recently served as general counsel of real estate developer MDC Holdings has joined Norton Rose Fulbright's Denver office as senior counsel in its corporate, mergers and acquisitions, and securities practice.
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December 18, 2024
Pilgrim's Pride Gets Chicken Exit OK Under Contested Deal
Pilgrim's Pride is able to formally duck Sysco chicken price-fixing claims picked up by a Burford Capital LLC unit after an Illinois federal judge once again ruled that the companies are bound by a settlement between Pilgrim's Pride and Sysco that the litigation funding giant contested as too small.
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December 18, 2024
Solar Co. Wants Colo. Hemp Growers' $200M Suit Tossed
Energy company AES Corp. wants out of a $200 million lawsuit brought by Colorado hemp growers over broken irrigation lines, saying the farmers are "feign[ing] ignorance" in hopes of keeping the suit in Colorado federal court.
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December 18, 2024
KFC Ends Suit Against Church's Over 'Original Recipe' TM
KFC has agreed to end its lawsuit launched just last month that had sought to stop Church's Texas Chicken from using the term "original recipe" to promote its fried chicken.
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December 18, 2024
Judge Wants To Know If Colo. Kroger Merger Fight Is Moot
A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday.
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December 18, 2024
Medical Center Escapes COVID Outbreak Blame-Trading Suit
A Michigan state appeals panel nixed a wedding venue's defamation suit alleging it was falsely blamed after several guests at a reception contracted COVID-19, handing a win to a healthcare provider the venue pointed to as the source of the outbreak.
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December 17, 2024
Union Says DOL's H2-A Contracts Defy Court Order
A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.
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December 17, 2024
Corteva Rips Inari's 'Shrill' Claim Of Sham Seed Patent Suit
Corteva Agriscience LLC has fired back at Inari Agriculture Inc.'s claim that a suit alleging Inari infringes Corteva's seed patents amounts to "objectively baseless" sham litigation, saying its rival is making "shrill assertions" that "cannot be squared" with an earlier ruling in the case.
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December 17, 2024
Little Caesar's Arbitration Clause Should Be Axed, Judge Told
An ex-Little Caesars worker seeking to represent the pizza chain's California employees in a putative wage-and-hour class action urged a Golden State federal judge Tuesday to invalidate the restaurant's new arbitration agreement banning workers from participating in the litigation, saying the company didn't make it clear the clause was voluntary.
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December 17, 2024
TM Group Weighs In On Preclusion In 2nd Circ. Winery Fight
A trademark group has said a Trademark Trial and Appeal Board decision upheld by a New York federal court in an Italian winemaker's fight against a Napa Valley, California, rival over similarly named wines is at odds with a separate board decision in a dispute that made its way to the U.S. Supreme Court.
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December 17, 2024
Alcohol Co. Sued Over Biz Hangover After COVID Lockdowns
Alcoholic beverage manufacturer MGP Ingredients Inc. has been hit with a proposed investor class action alleging the company misled the public about the continued success of its business following its exponential growth during the COVID-19 pandemic and related lockdowns.
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December 17, 2024
Franchise Group Can Keep Exclusive Control Of Its Ch. 11
A Delaware bankruptcy judge on Tuesday denied a motion to end the plan exclusivity window and other bankruptcy rights for debtors in Franchise Group Inc.'s Chapter 11, saying possible intercompany claims don't justify relief that the debtor argued would plunge the case into chaos.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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CFPB School Lunch Focus Could Expand E-Payment Scrutiny
The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.