Food & Beverage

  • February 09, 2024

    Simpson Thacher, Cleary Steer Mexican Grocer's $589M IPO

    Mexican grocery chain BBB Foods Inc.'s shares rallied Friday after the company completed a $589 million initial public offering, represented by Simpson Thacher & Bartlett LLP and underwriters counsel Cleary Gottlieb Steen & Hamilton LLP, thanks to strong appetite from investors.

  • February 09, 2024

    Activist Says CEO's Family Is Problem For Chef's Warehouse

    Specialty foods company The Chef's Warehouse has become the latest target of activist investor Legion Partners, which is asking the company's shareholders to nominate four new board members to turn around "chronic underperformance" stemming from the board's family connections.

  • February 09, 2024

    Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits

    Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.

  • February 08, 2024

    High Court Ruling Solidifies SOX Whistleblower Protections

    The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.

  • February 08, 2024

    Ex-CEO Can't Pursue Interference Claim Against Wyo. Biotech

    Holding that a manager of a flavoring and aromas biotech company cannot tortiously interfere with a contract between the company and its former CEO, a Connecticut state court has clipped a counterclaim from a lawsuit that Oamic Ingredients LLC is pursuing against its ex-chief executive.

  • February 08, 2024

    Federal Circuit Revives Food Slicer Patent Challenges

    The Federal Circuit on Thursday threw out a pair of Patent Trial and Appeal Board decisions that found Weber Inc. failed to show claims in food slicer patents owned by rival Provisur Technologies were invalid, sending the proceedings back to the board.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 08, 2024

    DuPont Spinoffs Can't Escape PFAS Suit In NC

    The North Carolina Business Court ruled Wednesday that spinoff companies of DuPont have to pay up if the legacy business is found liable for contaminating the environment with "forever chemicals" in a lawsuit brought by the state attorney general.

  • February 08, 2024

    Winery Wedding Ban Doesn't Stomp Out Speech, Group Says

    A Michigan township's law limiting wineries' ability to host events and weddings is not restricting their speech, a nonprofit backing the regulations said Wednesday, as it tries to whittle down the vintners' constitutional claims ahead of an April trial.

  • February 08, 2024

    Mass Shooting Survivor Loses $17M Judgment On Appeal

    A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    DC Circ. Skeptical Of 5-Hour Energy Partner's Tax Challenge

    D.C. Circuit judges seemed skeptical of a Canadian citizen's argument that $6.5 million in gains she received from selling a share of a U.S. partnership that sold 5-Hour Energy drinks shouldn't be federally taxed, grappling to understand her reasoning during oral arguments Thursday.

  • February 08, 2024

    EPA Says Backlogged Pesticide Program Getting Updates

    The U.S. Environmental Protection Agency said criticism of its ambitious plan to update an Endangered Species Act review program for pesticides has prompted it to revise maps that contained inaccurate information about species' habitat and make other changes.

  • February 08, 2024

    McDonald's Ends Suit Accusing Managers Of Racist Abuse

    McDonald's and a franchisee have resolved a race bias suit from Black former workers who said their managers called them "ghetto" and "smelly" and fired one of them for complaining about it, according to a filing in Illinois federal court.

  • February 08, 2024

    High Court Sides With Whistleblower Against UBS

    The U.S. Supreme Court on Thursday found that whistleblowers don't need to show retaliatory intent on the part of their employers in order to be protected under federal law, in a unanimous ruling in favor of a former UBS employee and whistleblower who fought to restore a $900,000 jury verdict he secured in 2017.

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

  • February 07, 2024

    La. Pizzeria, State Farm Settle Hurricane Damages Suit

    State Farm and a Louisiana pizzeria reached an agreement in their dispute over allegations that the insurer was artificially suppressing the cost of repairs and over-depreciating losses on claims connected to damage from Hurricanes Laura and Delta, the two parties told a Louisiana federal court.

  • February 07, 2024

    Colo. Urges Court To Reject Bid To Nix Delivery, Ride Fees

    A Colorado court should throw out a suit from a conservative group challenging new fees on deliveries and online ride-hailing services, attorneys for the state said, arguing that the transportation funding law that created them does not violate any state statutes.

  • February 07, 2024

    Refrigeration Co. Can't Put ESOP Valuation Suit On Ice

    An industrial refrigeration company can't avoid a former executive's suit alleging it mismanaged an employee stock ownership plan by grossly undervaluing the business, after a North Carolina federal judge ruled he could still sue on behalf of the plan even if he's no longer a trustee.

  • February 07, 2024

    Panel Says Ohio Broke Promise In Brewery District Land Fight

    The Ohio appeals court ruled against the Buckeye State's transportation officials in a battle with Columbus business owners over property the state needed for a highway project, finding that the state agency's counsel acknowledged it did not deliver what it promised in a previous settlement.

  • February 07, 2024

    Starbucks Argues NLRB Has No Say In Firing Decision

    Starbucks has urged a Michigan federal judge to deny the National Labor Relations Board's request to force the company to rehire two fired workers, saying the board doesn't have the right to interfere with the coffee chain's managerial decisions.

  • February 08, 2024

    CORRECTED: Atty Stuck With Sanctions In Trade Secrets Feud

    A California federal judge has hit a CDF Labor Law LLP attorney with sanctions after finding that he recklessly questioned a former Individual Food Service employee about approaching the company's CEO concerning a settlement despite objections to entering text messages to the CEO into evidence, but determined she would hold off on deciding the amount until later in the case.

  • February 07, 2024

    4th Circ. Won't Chip Away At Frito-Lay's Win In ADA Suit

    The Fourth Circuit refused Wednesday to reinstate a lawsuit brought by a former Frito-Lay manager who said she was fired for asking to work from home during the COVID-19 pandemic, finding she failed to rebut the company's argument that she was cut loose for violating company policy.

  • February 07, 2024

    EPA's Dicamba Reapproval Axed For Failure To Notify Public

    An Arizona federal judge revoked the U.S. Environmental Protection Agency's approval for the weed killer dicamba after finding the agency violated federal law by failing to properly notify and offer the public a chance to comment on the herbicide approvals.

  • February 07, 2024

    Farming Nonprofit Supports DOL H-2A Wage Rule At 4th Circ.

    A group of ranches and farms' argument that the new U.S. Department of Labor's rule for H-2A workers' wages would facilitate illegal immigration is speculative and the Fourth Circuit should ignore it, a nonprofit organization helping migrants and seasonal workers said.

Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

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    A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.

  • M&A Ruling Buoys Loss Calculation Method, R&W Insurance

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    The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.

  • How Consumer Complaints Can Help Companies

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    As seen most recently in Zoom's terms of service controversy, consumer complaints — despite initially seeming troubling for companies — can offer businesses the opportunity to identify, tackle and resolve budding challenges before those challenges escalate into larger issues, say Meghan Stoppel and Hannah Cornett at Cozen O'Connor.

  • Opinion

    Life Sciences Regulators Must Write Cloud-Specific Guidance

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    As cloud services continue to revolutionize the life sciences industry's ability to conduct regulated activities, the U.S. Food and Drug Administration and other regulators should update their data management policies to clearly support and encourage use of cloud technology, say Nate Brown and Marlee Gallant at Akin.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

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    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

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