Food & Beverage

  • December 05, 2024

    Dunkin' Fruit-Named Drinks Have No Fruit, False Ad Suit Says

    Dunkin' falsely markets its "Refresher" line of caffeinated beverages with names of specific fruits despite not containing any of the fruits, cheating consumers out of the "premium" fruit ingredients and their health benefits, alleges a new proposed false advertising class action filed Wednesday in New York federal court.

  • December 05, 2024

    'Krank3d' TM Too Close To Rival 'Krank'd': 11th Circuit

    The Eleventh Circuit on Wednesday refused to disturb a lower court's decision temporarily barring energy drink maker Hi-Tech Pharmaceuticals from using the trademark "Krank3d," agreeing with the district court that the mark appears to be too similar to a competitor's "Get Krank'd" trademark.

  • December 05, 2024

    Texas Lt. Gov. Wants Ban On Hemp-Derived THC Products

    Texas Lt. Gov. Dan Patrick has unveiled legislation that looks to ban all forms of consumable THC, including hemp products that "might include unremovable, nonintoxicating trace amounts of delta-9 THC."

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Kraft Heinz, Ex-Worker Settle 'Miami Vice' Costume Firing Suit

    The Kraft Heinz Co. has settled a free speech lawsuit by a terminated white manager and school board candidate accused of jeopardizing the company's reputation by wearing blackface before his employment during a Halloween attempt to look like the character Ricardo Tubbs from the television show "Miami Vice."

  • December 05, 2024

    First Citizens Accused Of $3M High-Yield Bait-And-Switch

    First Citizens Bank & Trust Company faces claims from an agritourism nonprofit and its registered agent that they invested $3 million with the bank expecting a competitive rate of return before finding those funds were actually in products yielding a much lower interest rate.

  • December 05, 2024

    Wash. Gov.'s Executive Order Backs Tribal Salmon Initiative

    Washington Gov. Jay Inslee has, in an executive order, directed state agencies to cooperate with four sovereign tribal nations and Oregon to fulfill commitments to the Columbia Basin Restoration Initiative, which aims to protect salmon and steelhead populations.

  • December 05, 2024

    Utah Defends Effort To Wrest Land From Feds At High Court

    Utah told the U.S. Supreme Court on Wednesday that its proposed lawsuit accusing the government of unconstitutionally hoarding and profiting from public lands in the state belongs before the justices and that the government's recent response strengthens its case.

  • December 05, 2024

    SpaceX Seeks Astronomical $350B Value, And More Rumors

    SpaceX is in discussions for a transaction that could value the rocket and spacecraft maker at about $350 billion, the private equity owner of Crunch Fitness could sell the health club at a $1.5 billion value, and the management group looking to buy the Japanese owner of 7-Eleven may launch an IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • December 05, 2024

    Law Professor Can't Unseal PF Chang's Wage Deal Amounts

    A Pennsylvania federal judge ruled Thursday that a Georgia law professor can't intervene or unseal a settlement restaurant chain P.F. Chang's and more than 6,000 tipped servers struck, saying doing so would hurt the parties.

  • December 05, 2024

    Medical Pot Group Sues NY Over New $20M Licensing Fee

    The New York Medical Cannabis Industry Association Inc. is suing the state's cannabis regulators, saying a new $20 million fee to convert operators' licenses from medical to adult use is an unconstitutional and punitive tax aimed at keeping them out of the adult-use market.

  • December 04, 2024

    Quaker Beats 'Simply Granola' False Ad Suit, For Now

    An Illinois federal judge has freed the Quaker Oats Company from a putative class action alleging it deceived consumers into believing its "Simply Granola" product contained only oats, honey, raisins and almonds, saying no reasonable consumer would conclude those were the only ingredients based on the products' label.

  • December 04, 2024

    Hemp Farmers Say Bid To Nix $200M Suit Is A Smoke Screen

    Two Colorado hemp growers have urged a federal judge to keep alive their lawsuit alleging that a solar energy company's construction on nearby leased land caused more than $200 million in crop damage, arguing that contractors and subsidiaries involved in the construction don't have to be added to the suit.

  • December 04, 2024

    DEA Judge Sets Pot Rescheduling Hearings

    The Drug Enforcement Administration will kick off six weeks of hearings in late January on the merits of the attorney general's proposal to loosen restrictions on marijuana, an agency administrative law judge said Wednesday.

  • December 04, 2024

    Starbucks Brass Face Derivative Suit Over 'Reinvention' Flop

    Officers and directors of coffee chain Starbucks are facing shareholder derivative claims over the company's so-called Triple Shot Reinvention strategy after the company disappointed the markets in April with updates about the plan.

  • December 04, 2024

    Hoopa Valley Tribe Wants In On Trinity River Water Row

    The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.

  • December 04, 2024

    Amazon, Stanley Tumbler Maker Sue Alleged Counterfeiters

    Amazon and the maker of the popular "Stanley" tumbler are suing several marketplace vendors in Washington federal court, accusing them of peddling counterfeit drink ware in the e-commerce platform's latest legal push to crack down on brand-stealing sellers.

  • December 04, 2024

    Mich. Justices Mull If Pizza Driver Deal Bars Franchise Claim

    A woman suing Jet's Pizza told the Michigan Supreme Court on Wednesday that she should be able to continue suing the pizza franchise after settling with the delivery driver who rear-ended her, pushing the justices to cast aside what she described as an antiquated rule that extinguished her claims.

  • December 04, 2024

    Potent Cannabis Oils Violate Ill. Laws, Suits Say

    Four proposed classes are suing several cannabis product makers and sellers, alleging that products made with Rick Simpson Oil and other potent types of cannabis oils go far beyond Illinois' and other states' legal limits, and the companies fail to warn customers that they're illegal.

  • December 04, 2024

    Worker Accuses Delivery Robot Maker Of Wage Violations

    A former operations coordinator sued a California robotics company making food delivery in partnership with Uber Eats, claiming in his proposed class action in state court that the company cheated workers out of wages and failed to provide meal and rest breaks.

  • December 03, 2024

    Pizza Chain Insurer Owes Share Of Salmonella Deal, Suit Says

    An insurer told a Washington federal court that a Liberty Mutual subsidiary must contribute to a settlement reached by their mutual insured, a "take 'n' bake" pizza restaurant, arising out of allegations that customers purchased raw cookie dough tainted with Salmonella bacteria.

  • December 03, 2024

    ​​​​​​​Trump-Era Rule On Genetically Engineered Crops Tossed

    A California federal judge on Monday vacated a 2020 Trump-era rule that a group of agricultural and environmental organizations alleged significantly reduced government oversight over genetically engineered crops, grasses and trees, granting the groups a partial summary judgment win due to the U.S. Department of Agriculture's inadequate explanations for the rule.

  • December 03, 2024

    Cheese Co. Can't Give Whey Trial The Slip, Nutrition Co. Says

    A nutritional supplement company has asked a Connecticut federal judge to reject giving Colorado-based cheese giant Leprino Foods a summary win in a fight over a whey protein deal, arguing that the motivation behind Leprino's decision to abruptly cut off supply is a key factual dispute.

  • December 03, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.

  • December 03, 2024

    AIG Unit Seeks Payback For $2.9M BJ's Injury Payouts

    An AIG unit asked a New York federal court to force another insurer to cover at least part of the $2.9 million it spent settling two construction injury suits after ironworkers fell off ladders while building a Brooklyn, New York, BJ's Wholesale Club in 2014.

Expert Analysis

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Tracking The Uncertainty Of The FTC's Negative Option Rule

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    The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • What New Calif. Law Means For Cannabis Lounges

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    With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A View Into NY's New Business Interruption Insurance Law

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    In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    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.

  • What Trump's Next Term May Mean For Biz Immigration

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    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.

  • Defense Insights As PFAS Consumer Product Claims Rise

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    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.

  • Series

    Circus Arts Make Me A Better Lawyer

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    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.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    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.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    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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