The U.S. Poultry & Egg Association (“Association”) announced its Clean Water Award winners on October 17th at the Association’s Environmental Management Seminar (“EMS”). The Association describes itself as the “All...more
OIG Warns That Proposed Drug Discounts May Warrant Sanctions - On October 5, the US Department of Health and Human Services’ Office of Inspector General (OIG) issued an advisory opinion assessing a proposal that involved...more
The U.S. Department of Agriculture (“USDA”) states it is investing up to $2.8 billion in 70 selected projects it what it describes as the first “Partnerships for Climate-Smart Commodities” funding pool. The pool is...more
New York State Attorney General Letitia James has filed a petition to compel Tyson Foods to comply with a subpoena in connection with ongoing price gouging investigations by the state. New York’s price gouging statute...more
The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more
The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more
Welcome to our third volume of Unprecedented. While we would like to retire this publication because COVID-19 has been eradicated and all litigation has withered away, we all know that is not the case. If anything, COVID-19...more
Tyson Foods Refused to Hire Applicant Because of Prior EEOC Charge Against Company, Federal Agency Charges - BIRMINGHAM, Ala. – Tyson Foods, Inc., a worldwide food company based in Springdale, Arkansas that produces...more
On August 13, 2021, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved a settlement to resolve allegations that Tyson Foods, Inc. (“Tyson”) exceeded the CFTC’s position limits for soybean meal futures...more
The Federal Reserve’s “first-ever foray into the corporate bond market” will wrap up by the end of the year, with the central bank pledging to sell off all of the ETF-investments and direct bond holdings it began purchasing...more
The Eastern District of Texas ruled last week that Tyson, a “critical infrastructure” company, properly removed a COVID-19-related case to federal court under the federal officer removal statute, 28 U.S.C. § 1442.[1] In light...more
Welcome to the third issue of the 2021 volume of Unprecedented. Those who watched the Super Bowl last night would have seen several signs of the times: recognition of the 7,500 vaccinated healthcare workers in attendance,...more
During its Q4 earnings report yesterday, Netflix announced a significant departure from past practice: it’s done borrowing money (for now, at least). After borrowing “over $16 billion to feed its titanic appetite for content”...more
On Monday, Northern District of Illinois Judge Virginia M. Kendall denied three motions to dismiss a putative class action alleging that the nation’s leading turkey suppliers—including Butterball, Cargill, House of Raeford,...more
The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy....more
As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more
The COVID-19 pandemic has triggered unprecedented challenges for companies striving to ensure a safe work environment. Scrutinizing the manner in which companies have addressed these challenges has so far been conducted...more
The Antitrust Division’s recent indictment of the boiler chicken executives provided an important reminder to compliance officers on the importance of an effective antitrust compliance program....more
The recent indictment of four executives involved in a long-running price-fixing scheme among broiler chicken suppliers provides an important window into how such conspiracies work and evade detection....more
The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging...more
The European Union’s antitrust authority is reportedly within days of filing charges against Amazon for the company’s “treatment of third-party sellers,” the latest step in a “two-year probe into Amazon’s alleged mistreatment...more
In Washington - The House will be in session on Wednesday and Thursday and is expected to vote on two bills dealing with the Paycheck Protection Program (PPP) giving small businesses more flexibility in the use of the...more
In a filmed interview published by The National Provisioner on May 14, 2020, Christine Tenley shared her thoughts on how meat processing plants can strike the balance between fulfilling their crucial role in the food supply...more
J.Crew filed for bankruptcy protection; the company’s lenders have agreed to “convert $1.65 billion . . . into equity.” Neiman Marcus Group Inc. and J.C. Penney are also on the bankruptcy path, already entering talks with...more
Consumer activism and conscious consumerism are on the rise, with consumers expected to spend upwards of $150 billion on sustainable products by 2021 in the U.S. alone. Though consumers are willing to pay a premium for...more