Food & Beverage

Expert Analysis

• OPINION: My Dad, The Illegal Refugee Who Hired Americans

  

  At a recent rally in Maine, Donald Trump delighted followers by saying the U.S. should block access from certain countries, even to refugees who are otherwise legally eligible to come to America. My dad, a Hungarian refugee in 1949, faced similar attitudes and policies after the Holocaust, says professor Michael LeRoy of the University of Illinois College of Law.

• Tips For Avoiding Olympic Committee Enforcement Letters

  

  As press for the Olympics heats up, companies may find themselves targets of unwanted publicity from the Olympic Committee. There are several ways to decrease your company's chances of receiving an intellectual property-related enforcement letter, says Chanel Lattimer of Cozen O’Connor.

• International Cartel Stats: A Look At The Last 26 Years

  

  John M. Connor, professor emeritus at Purdue University and senior fellow of the American Antitrust Institute, compiled information on 1,336 private international cartels investigated since 1990. In this article, he presents aggregate statistics on numbers, affected sales, damages, corporate penalties, individual fines and incarceration, and highlights broad geographic differences.

• Questions Over Preemption In Monster’s False Ad Case

  

  Although the Ninth Circuit’s statement and application of the law in Fisher v. Monster Beverage are not novel or unexpected, what is novel and potentially of interest are the plaintiffs’ unusual claims and a somewhat rare finding of federal preemption of state consumer deception laws, says Christopher Van Gundy at Keller and Heckman LLP.

• Return Of Exec Accountability Creates Compliance Challenges

  

  The continued willingness of federal courts to apply the harsh responsible corporate officer doctrine was confirmed with the Eighth Circuit's recent decision in United States v. DeCoster and presents particular compliance obstacles for boards of certain types of life sciences and health care companies, say Michael Peregrine and Joshua Buchman at McDermott Will & Emery LLP.

• Writing Arbitration Clauses To Get The Arbitration You Want

  

  Agreeing to arbitration clauses can be complicated because you may risk locking in a factually incorrect judgment. Merril Hirsh and Nicholas Schuchert of Troutman Sanders LLP explain the mechanics of the Federal Arbitration Act and how to ensure you find the right arbitration laws for your case.

• Takeaways From Decisions Following Campbell-Ewald

  

  Class action defendants that have attempted to implement the U.S. Supreme Court’s Campbell-Ewald guidance have been almost uniformly thwarted in their efforts to moot the class actions through tender. All is not lost, however, as a recent decision by the District of Massachusetts suggests another path forward for certain types of class actions, say Colleen Gulliver and Timothy Birnbaum of DLA Piper LLP.

• NYC ‘Labor Peace’ Order May Clash With Federal Law

  

  While the stated aim of New York Mayor Bill de Blasio's recent executive order is to ensure “labor peace” at development projects in which the city has a financial or propriety interest, the law undercuts the rights of covered employers and employees to make their own decisions regarding union representation, which may present conflicts with the National Labor Relations Act, says Robert Nagle at Fox Rothschild LLP.

• The Broken Science Behind Proposition 65

  

  California’s Safe Drinking Water and Toxic Enforcement Act of 1986, known by its more popular name as Proposition 65, is in need of a critical overhaul after 30 years of capricious enforcement. While the law's mission may seem noble, the application of this poorly drafted initiative is nothing less than a categorical failure, say Jeffrey Dintzer and Dana Lynn Craig at Gibson Dunn & Crutcher LLP.

• A Review Of Key Criminal Cases Against Execs In Q2

  

  In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant criminal cases and government investigations that affected corporate executives in the second quarter of 2016.