Tag Archives: Consumer Products

Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading

Eleventh Circuit Finds Restraint on Product Labeling Violation of First Amendment

Recently, in a case that should remind retailers and their suppliers to consider their First Amendment rights as they relate to the regulation of product labeling, the Eleventh Circuit Court of Appeals held that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated a dairy company’s First Amendment rights relating to use of the term “skim milk.”… Continue Reading

In Maui County, It’s Five O’Clock Around the Clock

The Maui County Liquor Control Commission, which regulates licenses for the importation, manufacture and sale of alcohol within Maui County, has liberalized certain County rules on the sale of alcohol: holders of liquor licenses are now generally permitted to sell alcohol to customers 24 hours per day. Retailers had previously been restricted to selling alcohol … Continue Reading

Product Recalls: Keeping Your Insurance Coverage Intact

Complex product supply chains increase the risk of errors, defects and contamination at all levels of operation and can lead to staggering expenses for food and product manufacturers facing the risks and realities of product recalls. Hunton insurance coverage attorneys comment on a recent Third Circuit decision that illustrates the importance of taking the right steps to avoid invalidating insurance coverage for product recalls.… Continue Reading

DOJ Completes Review of Danone/WhiteWave Merger, Requires Divestitures

On April 3, 2017, the Antitrust Division of the U.S. Department of Justice announced that it completed its review of Danone S.A.’s acquisition of The WhiteWave Foods Company Inc. In order to allow the 12.5 billion dollar acquisition to proceed, the Antitrust Division is requiring Danone to divest the Stonyfield Farms business to an independent buyer approved by the U.S. government.… Continue Reading

Heightened Audit Risk for Users of mySAP ERP and Other SAP Products

Emboldened by its recent victory in SAP v. Diageo, SAP may become even more opportunistic when it comes to auditing its customers’ use of various SAP products. Now is the time for SAP customers to review their existing contracts with SAP (and related technical solutions) to determine whether they are at risk for claims by SAP of impermissible indirect access and use of SAP products. … Continue Reading

Bristol-Myers Personal Jurisdiction Decision Makes Its Way to the U.S. Supreme Court

A review of the parties’ briefing on Bristol-Myers’s petition for a writ of certiorari in Bristol-Myers Squibb v. Superior Court highlights significant questions for companies in the retail industry should the U.S. Supreme Court deny the petition and thereby allow the decision to stand as controlling law in California. … Continue Reading
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