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Food & Beverage
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September 03, 2025
Hemp Cos. Drop Challenge To Ark. Regulations
Hemp companies who challenged an Arkansas state law restricting hemp-derived intoxicating products are seeking to end their lawsuit, months after the Eighth Circuit dashed their efforts to temporarily block the statute's enforcement.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits
The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.
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September 03, 2025
Patent Company Fights Baker Botts Atty's Bid To Trim Suit
A patent licensing company and its owner asked a Florida federal judge to reject a bid from a Baker Botts LLP attorney seeking to trim their defamation case, saying the motion was premature as discovery had not been completed.
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September 03, 2025
Northwestern Mutual Seeks $23M Tax Refund For Free Meals
Northwestern Mutual is seeking a refund of $23 million in taxes for on-campus lunches it provided to employees, telling a Wisconsin federal court that the IRS improperly denied the company an exclusion on taxable income for the meals.
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September 03, 2025
Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes
The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
EPA Withdraws Slaughterhouse Water Pollution Rule
The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.
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September 03, 2025
Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration
A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.
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September 02, 2025
Overnight Oat Co. Exaggerates Protein Content, Suit Says
The Chicago-based maker of Mush Overnight Oats, which was featured on "Shark Tank," was hit with a proposed class action in California federal court by a woman who claims it overstates the protein amount consumers will get from eating its products.
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September 02, 2025
2nd Circ. Affirms Arizona Iced Tea's Audit Expense Coverage
Hanover Insurance Co. must cover the maker of Arizona Iced Tea for additional audit expenses from a power surge that erased years of financial data, the Second Circuit determined Tuesday, finding that delays and additional costs were directly traced to the surge and therefore covered.
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September 02, 2025
Mich. Judge Nixes 5-Hour Energy Rival's Antitrust Suit
A Michigan federal judge has tossed a lawsuit accusing 5-Hour Energy of blocking competitors from the market through deals to have its products displayed at checkout counters, finding a competitor failed to adequately allege antitrust injury.
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September 02, 2025
Longtime Frankfurt Kurnit Litigator Joins Proskauer In NY
Proskauer Rose LLP continues expanding its litigation team, announcing Tuesday it is bringing in a Frankfurt Kurnit Klein & Selz PC commercial litigator as a partner in its New York office.
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September 02, 2025
Sysco Keeps Trial Win In Motorcycle Accident Injury Suit
A Massachusetts appeals panel on Tuesday refused to order a new trial in a man's suit against Sysco Corp. and one of its drivers over a motorcycle accident that resulted in the loss of his leg, leaving in place a jury verdict clearing Sysco and putting the liability on another driver.
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September 02, 2025
Ex-Target Legal Chief To See $3M In 'Income Continuation' Pay
Target's former chief legal and compliance officer, who left the retailer in June after less than a year, is set to receive just over $3 million in "income continuation" payments, according to a securities filing Friday.
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September 02, 2025
Skadden, Paul Weiss Guiding Kraft Heinz On Strategic Split
The Kraft Heinz Co. announced a plan Tuesday to separate into two independent, publicly traded companies, in a strategic transaction guided by legal advisers Paul Weiss Rifkind Wharton & Garrison LLP and Skadden Arps Slate Meagher & Flom LLP.
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August 29, 2025
Ga. Sheriff Scores Early Win In Bar License Suspension Row
A Georgia federal judge has granted the Bibb County sheriff an early win in a bar operator's suit claiming the venue's alcohol licenses was wrongfully suspended for 90 days after a drive-by shooting that killed one person and injured seven others.
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August 29, 2025
NC Tex-Mex Chain Says Ex-Employee Defected With Recipes
The owner of a string of Tex-Mex restaurants has accused a former employee in North Carolina Business Court of taking the chain's proprietary recipes, menus, drinks and decor several states away to use at another restaurant in Missouri.
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August 29, 2025
4 Firms Advise As PepsiCo Adds $585M Celsius Stake
PepsiCo Inc. said on Friday it has acquired $585 million of newly issued 5% convertible preferred stock in Celsius Holdings Inc., part of a broader effort to fine-tune its presence in the U.S. and Canadian energy drink markets, in a deal guided by four law firms.
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August 29, 2025
Taxation With Representation: White & Case, Paul Weiss
In this week's Taxation With Representation, private equity firm Sycamore Partners completes its $24 billion acquisition of Walgreens Boots Alliance Inc., telecommunications company EchoStar sells wireless spectrum licenses to AT&T and Keurig Dr Pepper acquires JDE Peet's in a deal that aims to create a "global coffee champion."
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August 28, 2025
Ga. Family Loses Sex Assault Suit Over Underage Drinking
The Georgia Court of Appeals said this week a couple can't sue the owner of a home where the couple's teenage daughter was allegedly sexually assaulted, ruling that state law shielded the owner from liability despite allegations he allowed underage drinking at the house.
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August 28, 2025
DOJ Seeks Kroger Patient Data In Opioid FCA Probe
The U.S. Department of Justice urged an Ohio federal court to order The Kroger Co. to turn over patient names and other health information the supermarket chain has redacted in responses to the government throughout a False Claims Act investigation into its opioid dispensing practices.
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August 28, 2025
Cincoro Tequila Falls Short Of 'Gold Standard,' Suit Says
Cincoro tequila isn't truly 100% agave under authenticity and quality regulatory standards, but instead contains significant amounts of ethanol "not derived from agave plants," a proposed class action filed in Florida federal court alleges.
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August 28, 2025
PBGC Must Reconsider Bakery Union's $132M Bailout Bid
The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's聽rehearing bid.
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August 28, 2025
Labor Atty Rejoins McGuireWoods After Food Company Stint
McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.
Expert Analysis
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Despite Rule Delay, FTC Scrutiny Looms For Subscriptions
Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school 鈥 especially students who may not see those paths reflected in their daily lives 鈥 not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at聽Constangy.
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5 Open Questions About FDA's AI-Assisted Review Plans
The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Dissecting House And Senate's Differing No-Tax-On-Tips Bills
Employers should understand how the House and Senate versions of no-tax-on-tips bills differ 鈥 including in the scope of related deductions and reporting requirements 鈥 to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of 鈥淢ade in USA鈥 labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you鈥檙e like me, law school鈥檚 often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots 鈥 and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court鈥檚 newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.