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Food & Beverage
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December 08, 2023
Pa. Justices Reject Consolidation Of Future COVID Cases
The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.
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December 08, 2023
Procter & Gamble Sold Metamucil Containing Lead, Suit Says
The Procter & Gamble Co. has been hit with a proposed class action in New York federal court alleging it falsely claims its Metamucil fiber supplement is healthy when it contains dangerous amounts of lead and added sugar.
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December 08, 2023
Trade Court Says Fish Import Case Belongs In District Court
The U.S. Court of International Trade ruled that it can't hear a Texas importer's allegations that the U.S. illegally blocked fish harvested off Antarctica, finding that claims against the international body regulating those waters belong in district court.
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December 08, 2023
Judge Denies Lenders Control Of NYC Margaritaville For Now
A New York bankruptcy judge on Friday denied lenders an emergency motion to take over management of the Times Square Margaritaville resort, saying there was no evidence of an urgent need to swap control and that the lenders appeared to be wrong on the law.
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December 08, 2023
Jury Says 'Chocolate Moonshine' Recipe Was Secret, Stolen
A Pennsylvania jury awarded a chocolatier $238,000 Friday after concluding that his ex-wife misappropriated his secret recipe for "Chocolate Moonshine" fudge.
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December 08, 2023
Profs Warn Against Feds' Admin. Law Argument At 9th Circ.
A group of 20 law professors urged the Ninth Circuit to avoid conflating injunctions and vacatur in environmental and administrative law cases, after a panel paused a Washington federal judge's order that would have halted summer and winter commercial Chinook salmon troll fishing in southeast Alaska.
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December 08, 2023
Bankrupt Fruit Grower Cancels Auction With No Proper Bid
Stone fruit producer Prima Wawona decided to cancel the auction scheduled for Friday to sell its assets for its Chapter 11 bankruptcy case, after not receiving any bids that met the requirements under the bidding procedure.
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December 08, 2023
DC Circ. Affirms $618M Arbitration Award Against Venezuela
The D.C. Circuit on Friday rejected efforts by Venezuela's interim government to overturn a more than $618 million arbitration award issued against the country, which had argued that an international tribunal wrongly excluded the Guaidó government from participating in the proceedings.
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December 08, 2023
Hemp Cos. Tell 4th Circ. To Block Va.'s 'Total THC' Law
A group of hemp companies is asking the Fourth Circuit to issue an injunction blocking the enforcement of a new Virginia law that bans hemp products based on their total THC, saying a district court was wrong in concluding the law was not preempted by the 2018 farm bill.
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December 08, 2023
50 Cent's Co. Wants To Probe Assets Of Ex-Liquor Boss
The liquor company owned by rapper Curtis "50 Cent" Jackson has asked a Connecticut bankruptcy judge to let it examine its ex-brand manager, who is liable for fraud in a New York arbitration and civil proceeding connected to his alleged embezzlement, to prove his assets in his bankruptcy case.
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December 08, 2023
How Hueston Hennigan Won Monster $336M False Ad Suit
The California federal judge who handed Monster Energy $43 million in attorney fees and interest in October after a record-breaking $293 million false advertising jury win over Vital Pharmaceuticals observed that Vital's CEO was impeached on the stand over 50 times, an astonishing figure that Monster's co-lead attorney, John Hueston, credited to getting the CEO to "lose control."
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December 08, 2023
Costco, Liberty Mutual Settle Slip-And-Fall Coverage Row
Costco and a Liberty Mutual unit have agreed to settle their dispute over coverage for an underlying slip-and-fall suit, resolving the retail giant's bid to have the insurer reimburse its defense and settlement costs.
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December 08, 2023
Worker, Union Urge 9th Circ. To Expedite Migrant Wage Ruling
The Ninth Circuit can decide immediately whether the U.S. Department of Labor should have required employers to pay foreign harvest workers at a higher rate available, a union and a worker said, arguing the issue at stake is straightforward.
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December 08, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.
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December 07, 2023
Fla. Restaurant To Pay $7K To End Immigration Bias Claims
A Florida steakhouse will pay just over $7,000 to resolve allegations that it wrongfully fired an employee after not accepting valid documentation of his status as a lawful permanent resident, federal prosecutors said Thursday.
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December 07, 2023
NLRB Tells Justices Not To Hear Starbucks' Injunction Row
The National Labor Relations Board urged the U.S. Supreme Court not to take up Starbucks' call to harmonize the federal courts' approach to vetting rare labor injunction bids, saying the differences among the tests are more semantic than practical.
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December 07, 2023
'Chocolate Moonshine' Recipe Is No Trade Secret, Pa. Jury Told
The main thing Christopher Warman Sr. added to a veteran chocolatier's recipe to make his "chocolate moonshine" fudge was salesmanship — and he failed to change or protect the recipe enough for it to qualify as a trade secret, counsel for his ex-wife and two other businesses argued Thursday at the close of a federal trial in Pennsylvania.
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December 07, 2023
Family Of Ariz. Judge Fatally Struck By Car Sues Grubhub
The family of a Phoenix-area judge who was killed in a car crash is suing Grubhub, claiming one of its drivers was on the job and looking at his cellphone when he ran a red light and hit the jurist attempting to cross the street.
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December 07, 2023
Pot Group Urges 8th Circ. To End Block On Ark. Hemp Law
The American Trade Association for Cannabis and Hemp is urging the Eighth Circuit to undo an order blocking enforcement of an Arkansas law regulating intoxicating products made from hemp, saying that the law is not preempted by federal law because the products fall outside the scope of the 2018 Farm Bill.
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December 07, 2023
Mich. Justices Weigh Effect Of Ending Wage, Sick Leave Laws
Michigan's Supreme Court justices appeared aware on Thursday that employers are anxiously awaiting their ruling on the state's minimum wage and sick time laws, devoting some of the day's arguments to the practicalities of what would happen if they struck down the current laws.
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December 07, 2023
EPA Says Florida Water Quality Criteria Outdated, Incomplete
Florida's water quality standards for multiple toxic substances are not protective enough and must be updated to account for new information about the chemicals and how vulnerable people are to exposure, the U.S. Environmental Protection Agency said Thursday.
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December 07, 2023
Ex-Stroock M&A Duo Joins Cahill Gordon In NY
Cahill Gordon & Reindel LLP announced the hire of two experienced mergers and acquisitions attorneys from Stroock Stroock & Lavan LLP as New York-based partners in the firm's M&A and corporate advisory practice group.
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December 07, 2023
Coffee Supplier Mercon Hits Ch. 11 With $363M Debt
Coffee supplier Mercon Coffee Group filed for bankruptcy in New York with $363.3 million in debt, citing COVID-19-related supply chain disruptions, inflation hindering its ability to service debt, and a nine-year low in coffee futures.
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December 06, 2023
Ohio Senators Rewrite Voter-Approved Pot Legalization
The Ohio State Senate spent Wednesday evening passing last-minute revisions to Ohio Issue 2, which legalized marijuana in the state, to decrease the amount an adult could possess while allowing some to be grown at home.
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December 06, 2023
Whistleblower Snags $350K In $1.8M NYC Diner Tax Deal
The estate of the former owner of two New York City diners must pay $1.8 million in penalties after he collected taxes from patrons on cash receipts but then pocketed the money instead of reporting the taxes to the state, the New York attorney general announced Wednesday.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.