Seyfarth Synopsis: The Fourth Appellate District provides further support that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration. In doing so, it rejected the...more
Welcome to the final chapter of our Burger War Trilogy. In our earlier installments, Part I and Part II, we discussed the secondary meaning surveys proffered by both parties in this trade dress dispute. We now turn to...more
Since the inception of the pandemic, “ghost kitchens” - or shared commercial spaces which host multiple restaurant brands only serving food via delivery or takeout - have presented a surprising silver lining for both...more
CBD, FSMA, Class Actions Among Topics at GMA Conference - Class action litigation, the legal landscape for cannabis and the evolving implementation of the Food Safety Modernization Act (FSMA) were trending topics at the...more
LEGISLATION, REGULATIONS & STANDARDS - CBD Banned from New York Restaurants, in Limbo in Idaho - New York City’s health department has reportedly ordered restaurants to stop serving products that contain cannabidiol...more
A California federal court recently granted partial summary judgment in favor of In-N-Out Burger on a Lanham Act claim against Smashburger, ruling that one of the challenged advertising claims was literally false....more
Why it matters - The U.S. Court of Appeals, Fifth Circuit, affirmed a ruling from the National Labor Relations Board (NLRB or Board) that a ban on pins violated Section 8(a)(1) of the National Labor Relations Act (NLRA),...more
LEGISLATION, REGULATIONS & STANDARDS - Mass. Governor Vetoes Raw Milk Bill - Massachusetts Governor Charlie Baker has vetoed a state environmental bond bill containing a provision that would allow raw milk sales at farm...more
In-N-Out Burger, Incorporated (In-N-Out) found itself on the wrong side of National Labor Relations Board (NLRB) unfair labor practice proceedings for prohibiting its employees from "wearing any type of pin or stickers" on...more
In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use...more
On August 28, 2017, In-n-Out filed a lawsuit against Smashburger for trademark infringement in the Central District of California. In-n-Out claims that Smashburger’s TRIPLE DOUBLE mark is too similar and infringes on its...more
Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more
Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more
The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more
Everyone on the West Coast knows In-N-Out Burger. For some of us Californians, the burgers may even be considered a state treasure. Doordash, on the other hand, is much less recognizable. It is an on-demand delivery service...more