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Food & Beverage
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January 09, 2025
UK Supermarkets Fear Higher Costs Amid Tax Changes
Supermarket companies Marks & Spencer and Tesco reported Thursday that they had high sales figures due to Christmas, but both retailers also said they expect to face higher tax costs in 2025 due to changes to National Insurance, a payroll tax used to fund social programs.
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January 09, 2025
Beer Sales Rep Can't Show Lasting Harm From Noncompete
A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.
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January 09, 2025
Kraft Heinz Set For March Trial Over Food Factory Overhaul
Kraft Heinz Foods Co. and the Ohio contractor that accused it of failing to pay $7.6 million for the work and materials that went into overhauling a factory the company has near the Sandusky River are scheduled for a March 25 bench trial, according to a Wednesday order.
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January 08, 2025
Group Alleges $10M 'Sham' In Fla. Plant-Based Co. Stock Deal
A Canadian investment group has sued two Delaware corporations in Florida federal court over a "sham" stock deal, alleging it was fraudulently induced to sell its plant-based food technology company and later cheated out of $10 million worth of cash and common stock it was promised.
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January 08, 2025
Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told
The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.
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January 08, 2025
Insurer To Fight Limits In Smucker's Salmonella Coverage Suit
An insurer seeking a bigger contribution from its insured J.M. Smucker Co. may appeal a court ruling that found there was just one occurrence within underlying litigation against the food company over 225 batches of salmonella-tainted Jif peanut butter, an Ohio federal judge said Wednesday.
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January 08, 2025
Welch's Asks 3rd Circ. To Nix Alleged Harasser Rehire Order
Welch's is asking the Third Circuit to undo a September order from a Pennsylvania judge requiring it to rehire a worker fired for allegedly sexually harassing a co-worker, saying the labor arbitrator who issued the decision failed to make a clear finding of fact both initially and on remand.
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January 08, 2025
Shoppers Say Kroger Merger Suit Still Alive After Nixed Deal
Consumers challenging the abandoned merger between Kroger Co. and Albertsons urged a California federal court not to toss their case despite two court injunctions against the deal, arguing that they have effectively prevailed on their antitrust claims and should get an injunction and attorney fees.
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January 08, 2025
Black Ex-Poultry Worker Wants Secret Recordings In Bias Trial
A Black former employee at Mountaire Farms Inc. has urged a North Carolina federal judge to let the jury in his upcoming racial termination bias trial hear secret recordings he made of his conversations with company representatives, arguing he can verify their authenticity.
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January 08, 2025
Judge Laments Atty's $32K Sanctions Saga In Tasty Bias Case
A Pennsylvania judge expressed disappointment Wednesday about the need for a $32,000 sanction against an attorney accused of flouting deadlines in his client's employment discrimination claims against Tasty Baking Co., noting that "it didn't have to be this way."
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January 08, 2025
Jones Day, Ropes & Gray Build $795M Deal For Simple Mills
Packaged bakery food producer Flowers Foods Inc., advised by Jones Day, on Wednesday announced plans to acquire better-for-you snack brand Simple Mills, led by Ropes & Gray LLP, in a $795 million cash deal.
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January 08, 2025
Abbott Beats UC Regents' Probiotic Patent Claims
An Illinois federal judge has found that claims in a pair of patents owned by the University of California related to a baby probiotic were invalid, handing a win to Abbott Laboratories in a suit accusing the company of infringing the patents.
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January 08, 2025
DOL Searching For SC Farm Workers Owed $132K In Wages
The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.
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January 07, 2025
Starbucks' Former IP Head Joins Davis Wright In Seattle
Batur Oktay, the former leader of Starbucks Corp.'s intellectual property program, has joined Davis Wright Tremaine LLP as a partner in the firm's Seattle office, according to an announcement Tuesday.
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January 07, 2025
Alcohol Warnings Unlikely To Bring Same Fate Tobacco Faced
The U.S. surgeon general on Friday recommended that alcohol carry warnings about cancer risks, and attorneys say that while warning labels might be warranted, alcohol is unlikely to become the next tobacco.
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January 07, 2025
4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law
The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.
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January 07, 2025
Mont. Bill Floats Mine, Data Center Property Tax Changes
Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.
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January 07, 2025
Fla. Crash Victims Can't Get Insurer Payout In Revised Suits
A Florida state appellate panel has blocked three vehicle crash victims' attempts to collect $16 million from an insurer, saying that the company wasn't properly joined as a party by the time settlements were reached and that final judgments were issued in two separate lawsuits over the same incident.
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January 07, 2025
Coffee Co. Says Exporter Owes $18M For Missing Shipments
A "green" coffee retailer told a Florida federal judge on Tuesday that it can prove it is owed more than $18 million for prepaid coffee shipments that were never received from a Nicaraguan green coffee bean exporter.
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January 07, 2025
US Foods Slapped With Class Wage Suit By Ex-Seattle Worker
US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.
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January 07, 2025
Starbucks Says It Can Target Inventor In Mobile Ordering Feud
Starbucks has urged the Eastern District of Texas to keep alive its counterclaims against a patent-licensing executive who claims the coffee chain infringed a patent covering a mobile ordering system, accusing him of creating an "extensive thimblerig" of shell entities to avoid paying the cost of his "meritless" cases.
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January 07, 2025
Wash. Panel Won't Boot Subway Wage Dispute To Arbitration
A Washington state appeals court declined to send to arbitration a former worker's suit accusing a Subway franchisee of failing to provide employees with meal breaks, despite a dissent finding that the worker's wage claims fall under an arbitration pact.
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January 07, 2025
Calif. Panel Says Individual PAGA Claims Belong In Arbitration
An arbitration pact that the operator of a restaurant chain in California gave to a worker pushes his Private Attorneys General Act individual claims into arbitration, a state appeals panel ruled, partly flipping a trial court's decision.
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January 06, 2025
Wash. Labor Dept. Escapes Union's Farm Wage Challenge
A Washington federal judge on Monday cut the state's employment agency loose from a union challenge to policies that have allegedly depressed farmworker wages, saying the U.S. Department of Labor is the only proper defendant in the litigation.
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January 06, 2025
'Pizza Puff' Maker Fights Little Caesars' Injunction Stay Bid
An Illinois federal judge shouldn't wait to enforce his order blocking Little Caesars from marketing its latest pizza muffin appetizer as "pizza puffs" because the chain won't convince the Seventh Circuit the term is generic, the company behind the trademarked fried pizza product argued Monday.
Expert Analysis
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Why K-Cup Claims Landed Keurig In Hot Water With SEC
The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.