News & Analysis as of

Restaurant Industry

Is Your Secret Recipe Still a Secret? How to Protect a Restaurant’s Signature Recipes

by Tucker Arensberg, P.C. on

A customer walks out of a restaurant and exclaims to her date “that is the best _______ I have ever tried…nobody can make that dish the way this place does.” A restaurant’s signature appetizer, entrée, or drink often define...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Journal’s weekend report on Facebook’s role in the unauthorized use of data from 50 million users wreaked havoc on the ‘Book’s stock yesterday, with losses spreading across the tech sector (and fellow its FANGers in...more

OTA & Travel Distribution Update - Trivago's strikethrough pricing practices subject to AU scrutiny; Denmark opens investigation...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update is below and is full of interesting stories. Enjoy....more

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

by FordHarrison on

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more

New Jersey Alcoholic Beverage Bills to Watch 2018 – Part 2: Craft Breweries

Tours Before Pours? Under the current statute, craft breweries – those holding a limited brewery license – are required to give their customers a tour of the brewery before selling them drinks for on-site consumption (the...more

State Crackdown On “Zappers” Continues: Washington State AG Files $5.6 Million Criminal Tax Case Against Restauranteur

by Fox Rothschild LLP on

Calling it the largest sales suppression software case in state history, Washington State Attorney General Bob Ferguson announced the filing of criminal charges last week against the owner of six restaurants for allegedly...more

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

Fake Reservations, Real Damages: Chicago Restaurants Left Holding The Bill After Opentable Employee Sabotages Its Competitor

by SmithAmundsen LLC on

On March 5th, Eater published a detailed account of how a former OpenTable employee made hundreds of fake reservations at restaurants that used Reserve, an online reservation company (and a competitor of OpenTable). His...more

Ninth Circuit Agrees to Reconsider Tip Credit Case

For employers in the hospitality industry, tipping policies continue to pose significant litigation risks. A number of restaurant groups have faced recent class and collective action claims based on allegations that the...more

Food and Beverage News and Trends

by DLA Piper on

Federal government kicks off the process for revamping the nation's Dietary Guidelines. On February 28, the USDA and the US Department of Health and Human Services formally began the latest process of updating the Dietary...more

Pa.L.C.B. Announces Fifth Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the fifth restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

FRANCHISEE 101: Til Expiration Do Us Part

by Lewitt Hackman on

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

National Restaurant Association Releases New CyberSecurity Guide

by Fox Rothschild LLP on

The National Restaurant Association recently released a new guide for restaurant operators looking for more information on how to increase their cybersecurity efforts. In 2015, the National Restaurant Association released...more

New Jersey Alcoholic Beverage Bills to Watch 2018 – Part 1: Craft Distillers

As the new legislative session started in New Jersey, a number of bills concerning alcoholic beverages were introduced (or re-introduced). In this multi-part series, we highlight some of the bills to keep an eye on to see if...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

More Time For Travelers to Get a Drink at Some NJ Airports

Although this change admittedly will impact few industry members, we do our best to keep you up to date on any and all changes to New Jersey’s alcoholic beverage laws. In early January 2018, the New Jersey Legislature...more

Food & Beverage Litigation Update | February 2018 #2

The U.S. Food and Drug Administration (FDA) is soliciting public comment on whether the agency should continue to collect information about foodborne illnesses in restaurants. The proposal would extend studies of risk...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

New Jersey Legislature Looks To Loosen Reigns On Craft Breweries

by Cole Schotz on

Cheers! New Jersey’s Agricultural and Natural Resources Committee voted 5-0 last week in favor of bill A2196. The bill is designed, among other things, to eliminate the current “mandatory tour” obligation imposed upon New...more

Silly Dilly, Drink up Philly: How ABI can buy Eagles’ fans a Bud Light

As the Philadelphia Eagles reached the ultimate milestone for an NFL organization, becoming Superbowl champions, the brewers of Bud Light, Anheuser-Busch InBev (“ABI”), were required to figure out how it would adhere to a bet...more

How did U.S. retailers perform over the holiday season?

The retail and restaurant winners and losers from the holiday season in the United States have been revealed in analysis published by Thomson Reuters on Eikon and Lipper Alpha Insight....more

Eleventh Circuit Allows Employer to Share Employee's Tips as Long as It Pays Employee Minimum Wage

by FordHarrison on

Federal regulations currently treat tips as the employee’s property, regardless of whether the employer pays that employee the minimum wage or whether it uses a tip credit to satisfy the minimum wage requirement. ...more

Franchisor 101: Copycat Restaurant Shutdown

by Lewitt Hackman on

A registered trademark is a valuable corporate asset and can be a significant part of a company's worth. A franchisor has an affirmative legal duty to police use of its mark by licensed franchisees and also third-party...more

Su-PERFLUO-us? More Chemicals Added to Prop 65 List

by Lewitt Hackman on

Business owners manufacturing, buying, selling, or importing products in California already know about the state’s Prop 65 law. But do they also know every single chemical or substance that is on that list?...more

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