consumer products & manufacturing: news
DOJ Takes Rare Step In Probing Single Chipotle Restaurant
January 6, 2016 -- Law360
David Rosenfield was quoted in Law360 about the federal criminal investigation of a norovirus outbreak at a Chipotle restaurant in California. "I do think it's unusual to see the DOJ here, in the sense that the criminal [food illness] cases that I've seen have all involved the widespread distribution of food in interstate commerce, like the PCA and Jensen cases," Rosenfield said. "You would normally expect a case where there's mishandled food — where maybe the workers at the restaurant haven't cleaned up properly — to be handled by state or local authorities."
DOJ Toughens Stance on Food Execs in Peanut Corp. of America Case
September 11, 2015 -- Law360
David Rosenfield was quoted in a Law360 report on the Department of Justice’s unusually aggressive prosecution of former executives at Peanut Corp. of America over a salmonella outbreak that occurred in 2008 and 2009 and sickened hundreds of people: "A life sentence in a food case is completely unprecedented," David commented, adding, “this will certainly get the attention of food manufacturers because of the felony charges and extremely high sentences sought by not just the government, but by the probation office.”
Chambers USA Ranks Four Herrick Practices and Six Partners for Excellence
May 20, 2015
Chambers USA's team of 150+ researchers bases its rankings on interviews with our clients, in-house counsel and lawyers at other firms. Their rankings are independent and objective – in short, there is no way for Herrick to buy this recognition.
Six Herrick partners and four of our practice areas were noted for excellence.
Implementing FSMA: Records Management
May 19, 2015 -- Food Safety Magazine
Ronald J. Levine, Esq. spoke with Food Safety Magazine (FSM) on his recommendations for handling records management under the Food Safety Modernization Act (FSMA).
Implementing FSMA: Records Management
May 19, 2015 -- Food Safety Magazine
Ron Levine participated in a Q&A with Food Safety Magazine on his recommendations for handling records management under the Food Safety Modernization Act (FSMA). He encourages food companies to make document management a priority. "Records are the company's best opportunity to show the FDA that it is in control of its food safety, and it also helps the company tell the best possible story," Levine said.
Could this plan finally stop food contamination?
March 16, 2015 -- Fortune.com
David Rosenfield was quoted in Fortune about President Obama's proposal to consolidate the 15 government agencies that conduct various food safety inspections into one newly created agency, the Food and Safety Administration within the Department of Health and Human Services. David discussed the implications of this proposal to ongoing implementation of the 2011 FDA Food Safety Modernization Act (FSMA), the first update to U.S. food safety laws in 70 years. "In my opinion, the implementation of the FSMA will make any necessary changes to food inspection in the U.S.," David said.
Ronald J. Levine on Food and Beverage Litigation (Video)
July 2014 -- Herrick, Feinstein LLP
In this video interview, Herrick partner Ron Levine discusses how thinking like a plaintiff's lawyer can help food and beverage companies recognize the early warning signs of litigation. In doing so, Ron offers several commandments to live by during a crisis, and a roadmap for managing the "five stages of corporate grief," which naturally occur after litigation commences.
POM Wonderful Scores ‘Resounding Victory’ at Supreme Court
June 12, 2014 -- FoodNavigator-USA
Ron Levine is quoted in a FoodNavigator report on the Supreme Court’s ruling in Pom Wonderful v. Coca-Cola Co. which rejected Coca-Cola’s arguments that federal labeling regulations trump a Lanham Act claim over false advertising, clearing the way for POM’s lawsuit alleging that Coca-Cola misled consumers with its Minute Maid pomegranate blueberry juice labels.
Is Food the Next Frontier For Mandatory Arbitration?
May 19, 2014 -- Bloomberg BNA Product Safety & Liability Reporter
Ron Levine was quoted in the Bloomberg BNA Product Safety & Liability Reporter article "Is Food the Next Frontier For Mandatory Arbitration?" In the article, which analyzes the viability of mandatory arbitration in the food and beverage industry, Ron commented that companies should look at the pros and cons of various types of dispute resolution, including arbitration. But, he said, "Those methods will only proceed, and succeed, if the companies can make the case that the alternatives provide real relief to consumers with legitimate claims, and the methods are not being set up to shield the companies from any and all liability, legitimate or not."
Kashi Agrees to $5 Million Settlement; Will Remove ‘Natural' From Food Labels
May 9, 2014 -- Bloomberg BNA Class Action Litigation Report
Ron Levine was quoted in the Bloomberg BNA Class Action Litigation Report article "Kashi Agrees to $5 Million Settlement; Will Remove 'Natural' From Food Labels." In the article, which details a proposed settlement to a federal lawsuit regarding the company's use of the words "all natural" and "nothing artificial" on certain foods, Ron opines that "eventually, the majority of these actions are either dismissed or settled." Ron also added that "new products are hitting the market at a faster pace than the Food and Drug Administration can pass on certain wording," while expressing concern that "whatever words are used to replace 'natural' will prompt another onslaught of claims."
So if I 'like' you, I can't sue you?
April 25, 2014 -- FoodNavigator-USA
Ron Levine was interviewed by FoodNavigator-USA regarding General Mills’ change to its online legal terms, and subsequent reversal of such terms. In the article, Ron discusses a wide range of topics raised by General Mills’ actions, including the merits and drawbacks of class actions and arbitration as dispute resolution methods in the food and beverage industry, and the inherent challenges in communicating corporate legal policies with consumers.
When Bad Things Happen to Good Retailers
October 2013 -- Convenience Store News
Ron Levine was quoted in the October 2013 Convenience Store News article “When Bad Things Happen to Good Retailers.” In the article, Ron compares a company crisis to a heart attack, detailing three ways a crisis can occur, and the seven typical sins companies need to avoid when in crisis mode.
Broadcasters Consider Supreme Court Petition on Aereo
October 11, 2013 -- The Wall Street Journal
Barry Werbin was quoted in The Wall Street Journal article "Broadcasters Consider Supreme Court Petition on Aereo." In the article, Barry predicted the Supreme Court "ultimately will have to intervene in the matter, because of the significant potential impact these services could have on broadcast television and the public."
Food Companies Confront Spike in Consumer Fraud Lawsuits
June 13, 2013 -- Reuters
Ron Levine comments on litigation trends affecting the food and beverage industry were covered in the Reuters Legal article, “Food Companies Confront Spike in Consumer Fraud Lawsuits.” In the article, Mr. Levine noted that the recent wave of litigation against the food and beverage industry has created a fear among industry leaders that they are being targeted by plaintiffs’ lawyers in the same way tobacco companies were in previous decades.
Diamond dealer sues two Belgian banks
December 23, 2011 -- Financial Times
Our RICO complaint -- on behalf of our client, the diamond dealer Lazare Kaplan (LKI), against two Belgian banks -- is noted here. LKI alleges that the banks stole $135 million worth of diamonds by passing the money through a number of shell companies overseas. The article quotes heavily from our complaint and notes that Lazare Kaplan seeks $500 million in lost proceeds and consequential damages. Under our complaint, which alleges racketeering and money laundering, a court could treble the damages.
American Airlines' Last-Mover Disadvantage
November 30, 2011 -- Bloomberg Businessweek
Stephen Selbst notes that all the major airlines -- except American -- reduced their wage-and-benefit costs years ago by having sought bankruptcy protection. Stephen says American and its parent company should have filed half a decade ago, on the heels of filings by Delta and Northwest. By filing now, after its competitors strengthened themselves by lowering direct and indirect employment costs, a bankrupt American is facing stronger competition.
American Airlines files for bankruptcy
November 29, 2011 -- Thomson Reuters News & Insight
Stephen Selbst says the Chapter 11 filing by American Airlines and its parent company, AMR Corp., is light on details about how the company will seek to lower its wage-and-benefit costs. That lack of specificity is probably because the company is negotiating with its unions about wage and pension issues and does not want to disturb those talks, says Stephen, who has worked on a number of airline bankruptcy filings from a variety of perspectives.
Analysis: AMR bankruptcy clouds Boeing jet order
November 29, 2011 -- Reuters
Stephen Selbst says American Airlines' $40 billion order for new jets might be imperiled by the airlines' filing for Chapter 11 protection. The bulk of the order went to Boeing, with Airbus getting a smaller slice. Stephen says that American may want to shrink its overall operation -- including the size of its fleet -- which could shrink the size of its order or at least cause the airline to re-trade the contract with Boeing. In the meantime, he says, American's fleet is among the least fuel-efficient in the industry. And he questions whether a bankruptcy judge will authorize a major purchase before the airline files a formal reorganization plan.
American Airlines files for bankruptcy
November 29, 2011 -- Thomson Reuters News & Insight
Stephen Selbst ventures that the American Airlines Chapter 11 filing is short on specifics as to wage-and-benefit issues because the airline -- and its parent company, which also sought protection -- are negotiating those issues with the unions and don't want to jeopardize those talks.
Insurers Settle Lazare Diamond Coverage Row For $32M
July 6, 2011 -- Law360
Our representation of Lazare Kaplan International is noted in this article, which reports LKI's settlement with American and British insurance carriers. According to LKI's mandatory 8K filing, the $32 million is on top of the approximately $28 million that Herrick obtained for LKI from insurers prior to commencement of the lawsuits, thus bringing the total recovery to more than $60 million for losses stemming from the theft of LKI's diamonds. The story names Chris Sullivan and Jason D'Angelo as counsel to LKI.
Too Early To Rule On Diamond Coverage Row, Judge Says
May 11, 2011 -- Law360
This story notes our representation of Lazare Kaplan International in an insurance coverage litigation, in which LKI is suing for coverage over the disappearance of $135 million worth of diamonds. Despite having directed LKI and the insurance carriers to file motions for summary judgment, a federal court judge denied those motions as premature, but the judge generally adopted our view of the case, which was brought by Christopher Sullivan and Jason D'Angelo.
Law Firms Advise on Colgate-Unilever Double Deal
March 25, 2011 -- The AmLaw Daily
Herrick partner Ed Stevenson and Unilever's associate general counsel David Schwartz are mentioned in this story, which describes Unilever's $215 million acquisition of Colgate-Palmolive Company's Colombian laundry detergent business.
Court reinstates Visteon retiree benefits
July 13, 2010 -- Reuters
Stephen Selbst says the Third Circuit's ruling in Visteon, which prohibited the bankrupt auto parts manufacturer from eliminating retirees' health and life insurance benefits, might go up to the Supreme Court. Stephen said this is the kind of case the Supreme Court is prone to hearing because it has a significant societal layer and because the various federal circuits are divided on the larger issue of whether bankruptcy discharges companies' obligations to pay retirees' benefits.
SC Leaves Big Questions Open in Text-Message Privacy Case
June 18, 2010 -- E-Commerce Times
Barry Werbin says the Supreme Court's ruling in City of Ontario v. Quon was based on such a narrow and unusual fact pattern that it leaves open the larger questions of how much privacy employees can expect when they use employers' networks and systems for personal communications during work hours. Barry notes that as the cost of technology drops, more employees will have personal communications devices, which should lessen their reliance on employers' equipment.
Bankruptcy Professional: Spotlight
October 8, 2009 -- Bankruptcy Professional
This Q&A profiles the career of Joshua Angel, including his recent success in bringing Ultra Stores Inc. into Chapter 11 and helping the company successfully emerge.
Selling Your Trademarked Name
July 9, 2009 -- SmartMoney.com
Barry Werbin analyzes the legal and business issues behind selling companies' trademarked names in this question-and-answer column.
Creativity Is The Key To Success
June 1, 2009 -- Mann on the Street
Herrick's bankruptcy practice is profiled in this cover story, focusing on the professional and personal creativity of the practitioners.
Judge In Adelphia Bankruptcy Gets GM Chapter 11 Case
June 1, 2009 -- Dow Jones Daily Bankruptcy Review
Robert Gerber, the bankruptcy judge assigned to oversee General Motors' Chapter 11 filing, is a good choice for that complex matter, says Joshua Angel, noting that Judge Gerber was a successful bankruptcy practitioner who joined the bench at great financial sacrifice.
Obama's Chrysler Hold Up Sets Chilling Precedent
May 19, 2009 -- Fund Strategy
The Obama Administration's actions in the Chrysler bankruptcy -- essentially ignoring the wishes of secured creditors, contrary to bankruptcy law and precedent -- will have a chilling effect on lenders as they consider whether to lend to entities that might seek protection, Stephen Selbst says. Damage from the fallout may exceed benefit from the expedient handling of Chrysler's woes, he says in an article that was also printed in the publication Real Clear Markets.
Chrysler Goes Bankrupt
April 30, 2009 -- CNBC Reports
In a live segment on a panel that also included a Wall Street analyst and two prominent journalists, Stephen Selbst analyzes the legal, business and political layers of Chrysler's Chapter 11 filing. He says that Chrysler will emerge but in far longer than the 30 or 60 days the company -- and the Obama Administration -- hope. He also points out that hedge funds that are creditors will seek a better deal on the debt they hold than the administration was offering.
GM & Bankruptcy
March 31, 2009 -- CNBC Reports
Stephen Selbst tells a live network audience why bankuptcy for General Motors now makes sense.
Consumer Goods Companies Push Ch 11 Filings Above 1,000
December 3, 2008 -- Dow Jones Newswire
Joshua Angel says that a "triple whammy" is plaguing retailers and consumer goods companies, making them prominent among kinds of companies that have filed recently for Chapter 11 protection. Retailers have lost the confidence of secured lenders and trade suppliers, and customers, who could otherwise bail them out, are "on strike," he says.
Chewing Over a Big Three Chapter 11 Filing
December 1, 2008 -- Wall Street Journal Law Blog
Stephen Selbst discusses the difficulties that Big Three automakers would encounter if they file for Chapter 11 protection. He discusses the different agendas that companies have when they file for bankruptcy -- reorganization versus liquidation -- and how Chapter 11 would affect Chrysler, GM and Ford.
What if GM goes broke?
November 19, 2008 -- MSN Money
Stephen Selbst is quoted on the possible impacts of a bankruptcy filing by General Motors, including diminution of wages and pension payments.
Some local auto dealers urge lawmakers to rescue industry
November 14, 2008 -- The Boston Globe
In this story about New England-based auto dealers lobbying lawmakers to rescue the auto manufacturing industry, Stephen Selbst opines that each of the Big 3 has too many dealerships. He predicts that larger auto dealerships will survive but smaller ones will perish.
Automakers & Bankruptcy
November 11, 2008 -- CNBC Reports
Stephen Selbst is part of a live, primetime panel analyzing what bankruptcy would mean to the Big 3 American automakers and the ancillary industries that supply them. He touches on the need for a government rescue package, possible job loss, ERISA/pension issues, historical perspective, consumer confidence and warranties.
Not All Customers Loved It At Levitz
January 9, 2008 -- The Journal News
Andy Gold is quoted in a story about how customers who paid with cash or check will likely not receive refunds on their deposits following Levitz's bankruptcy filing.
Lead Paint Litigation Is Beginning to Fade
August 21, 2007 -- National Law Journal
This story examines lead paint litigation in which Herrick represented Sherwin Williams. The story arrives at the conclusion that lead paint claims were losing steam in the courts.
Equal vs. Splenda
April 25, 2007 -- CNBC
Barry Werbin discusses the litigation between Equal and Splenda, arguing that Splenda's slogan, "It's made from sugar so it tastes like sugar," is not misleading and that Equal's claims are without merit.
CAN-SPAM Act of 2003
2003 -- Computer and Internet Lawcast
Barry Werbin is interviewed by Computer and Internet Lawcast, an audio legal news service, to discuss the provisions and practical implications of the “CAN-SPAM Act of 2003,” one of the most sweeping federal laws regulating e-commerce and use of the Internet to date.