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Food & Beverage

  • May 06, 2025

    Ill. Judge Trims False Ad Suit Over Smartfood Popcorn

    An Illinois federal judge on Monday partially granted a bid by PepsiCo to dismiss a putative class action alleging popcorn made by subsidiary Smartfoods Inc. was deceptively marketed as containing no artificial flavors or preservatives, when it contains maltodextrin, while saying the plaintiffs had done enough at this stage to allege the ingredient is an artificial preservative.

  • May 06, 2025

    Pa. House OKs Pot Legalization Bill With State-Run Shops

    Pennsylvania's House of Representatives approved on Tuesday a Democrat-backed bill to legalize recreational adult-use marijuana and regulate its sale through state-run stores.

  • May 06, 2025

    Firms Beat Malpractice Suit Over Chicken Plant Pollution

    Delaware's Supreme Court on Tuesday affirmed a trial court's dismissal of a malpractice suit against Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA for their alleged mishandling of claims associated with a child's "catastrophic injuries" purportedly caused by contamination from a chicken plant.

  • May 06, 2025

    Ex-Investor In Cannabis-Infused Water Wants Charges Tossed

    A former shareholder of American Premium Water Corp. is urging an Ohio federal judge to throw out the charges against him alleging that he participated in a $10 million pump-and-dump scheme, saying the indictment doesn't properly allege his wrongdoing.

  • May 06, 2025

    Food Co. Harvest Sherwood Hits Ch. 11 Amid Sprouts Lawsuit

    Meat distributor Harvest Sherwood Food Distributors Inc. has filed for Chapter 11 protection in Texas bankruptcy court with up to $559 million in debt, saying it intends to wind down its remaining business and pursue claims against Sprouts Farmers Market over allegedly withheld payments.

  • May 05, 2025

    CoreLife Eatery Settles $7.8M Fraud Claim Over COVID Funds

    CoreLife Eatery will pay over $7.8 million to settle allegations that it falsely claimed eligibility for a pandemic-era program meant to boost small businesses, the U.S. Attorneys' Office for the Northern District of New York announced Monday.

  • May 05, 2025

    Citizens Policy May Cover BIPA Claim, 7th Circ. Says

    An Illinois food ingredient manufacturer may be able to tap into one of its Citizens insurance policies for coverage of an underlying biometric privacy suit, if the company can prove it provided the insurer with timely notice of the claim, the Seventh Circuit said.

  • May 05, 2025

    Judge Backs Biden-Era Protections For H-2A Farmworkers

    A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.

  • May 05, 2025

    PCA Tribunal Favors UK In Sandeel Fishing Dispute With EU

    The United Kingdom has a right to stop the commercial fishing of sandeels in U.K. waters as it looks to protect endangered seabirds, a Permanent Court of Arbitration tribunal has ruled in a dispute brought by the European Union.

  • May 05, 2025

    Burger King Can't Chop Claims It Cooked Up Misleading Ads

    Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."

  • May 05, 2025

    IHOP Franchisee, Ex-Server End Sex Harassment Suit

    A North Carolina federal judge agreed to dismiss a legal battle between an IHOP franchisee and a former server who said she was fired for rejecting a manager's sexual advances, as the parties had said a previous ruling from another judge doomed the worker's suit.

  • May 05, 2025

    Calif. Chamber Gets Acrylamide Cancer Warnings Deleted

    A California federal judge has sided with the state's Chamber of Commerce in a suit challenging Proposition 65's requirement that companies warn buyers about dietary acrylamide in their products, finding that it violates the First Amendment's protections against compelled speech.

  • May 05, 2025

    Fla. Voters To Decide On Property Tax Exemption For Ag Land

    Florida will have voters decide via a statewide ballot measure during the state's next general election on a proposed amendment to the state constitution to exempt property on designated agricultural land from taxes under a House joint resolution approved by lawmakers.

  • May 05, 2025

    Agri Stats Wants Judge Recused From DOJ Case

    Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.

  • May 05, 2025

    Supreme Court Won't Review Mass. Wind Farm Permits

    The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off the Massachusetts coast, rejecting allegations that the go-ahead ignored the risks the project poses to the commercial fishing industry.

  • May 02, 2025

    Abbott Beats Bellwether In Formula MDL Ahead Of Trial

    An Illinois federal judge Friday held that Abbott Laboratories isn't liable for the death of a baby who consumed its Similac baby formula, entering judgment in favor of Abbott in a bellwether case in multidistrict litigation that was set to head to trial in a little over a week.

  • May 02, 2025

    Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges

    The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.

  • May 02, 2025

    Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud

    A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.

  • May 02, 2025

    3 Argument Sessions Benefits Attys Should Watch In May

    The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.

  • May 02, 2025

    Trade Court Grants Disputed Fish Oil Duty-Free Treatment

    The U.S. Court of International Trade on Friday sided with chemical giant BASF in a customs classification case, agreeing that the government should have deemed the company's imports of fish oil as fish extracts, which are entitled to duty-free treatment.

  • May 02, 2025

    Conn. Burrito Joints Settle Trademark, Cash Raid Suit

    Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.

  • May 01, 2025

    McDonald's Agrees To Drop Price-Fixing Suit Against Cargill

    McDonald's Corp. has agreed to drop its claims against Cargill Inc. in litigation accusing major meat processing and packing companies of conspiring to fix beef prices, according to a joint announcement made by the companies.

  • May 01, 2025

    PepsiCo Owes $2.1M In Tax Penalties, Illinois Panel Affirms

    PepsiCo was correctly assessed $2.1 million in penalties for categorizing Frito-Lay expatriates' compensation as foreign payroll that would allow the company's profits to be excluded from state income tax calculations, according to an Illinois Appellate Court panel.

  • May 01, 2025

    3rd Circ. Backs Charter School In Black Worker's Bias Suit

    The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.

  • May 01, 2025

    Publix Can't Slip 'Zero-Market Share' Opioid Claims

    Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.

Expert Analysis

  • 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.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    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.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    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.

  • What's Next For The CFTC After The Election

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    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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