Kellogg’s Customer Files $5 Million Lawsuit Alleging Pop-Tarts don’t have Enough Strawberries

“A class action lawsuit, filed by Illinois resident Anita Harris in August, alleges the brand’s marketing is “misleading because they give people the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does.” The lawsuit also focuses on the health,” reports Alexis Benveniste in CNN Business.

“The lawsuit seeks at least $5 million. Harris also alleges the product’s name, Frosted Strawberry Toaster Pastries is false, misleading, and deceptive because the Pop-Tart filling contains a “relatively significant amount of non-strawberry fruit ingredients including pears and apples. The plantiff said she wanted more than a strawberry taste.”

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Denver City Council Approves $1.2 Million Settlement in Excessive Force Lawsuit

“Denver City Council on Monday approved a $1.2 million settlement for an excessive force lawsuit involving three Denver police officers. Malow Mayek sued the city last year, saying officers violated his civil rights when they used a baton and Taser on him in 2018. The incident happened when officers were,” reports Angela Case in 9 News.

“This prompted a search for the suspect, identified as Mayek. According to the affidavit, one of the officers, Sgt. Joseph Rodarte, learned through talking with witnesses that Mayek was having a manic episode. Rodarte later saw Mayek on South Jason Street and got out of his car. When Mayek approached Rodarte and another officer.”

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Energy Crunch Hits Global Recovery as Winter Approaches

“Power shortages are turning out streetlights and shutting down factories in China. The poor in Brazil are choosing between paying for food or electricity. German corn and wheat farmers can’t find fertilizer, made using natural gas. And fears are rising that Europe will have to ration electricity if it’s a cold,” reports David McHugh in AP News.

“The world is gripped by an energy crunch a fierce squeeze on some of the key markets for natural gas, oil and other fuels that keep the global economy running and the lights and heat on in homes. Heading into winter, that has meant higher utility bills, more expensive products and growing concern about how energy consuming Europe and China.”

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Hollywood Union Reaches Contract Agreement over Streaming Pay to Avoid Strike

“The union representing thousands of film and television production workers has reached a tentative agreement with studios, averting an strike that was set to begin Monday. The International Alliance of Theatrical Stage Employees (IATSE) had been negotiating with the Alliance of Motion Picture and Television,” reports Kim Lyons in The Verge.

“Which represents major production studios like Netflix, Warner Bros., Paramount Pictures, and Disney. IATSE sought improved working conditions, including weekend rest periods and higher pay scales on streaming shows for its members, who work in many behind-the-scenes roles in Hollywood, such as broadcast technicians, animators.”

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Brooklyn Luxury Home Contracts Jump in Mid-October

“Brooklyn’s luxury contracts picked up speed last week, with the most deals signed since the summertime. Thirty-five contracts for homes asking $2 million or more were signed in Brooklyn from Oct. 11-17, according to Compass’s weekly report. That figure marks a jump from the previous week, when 26,” reports Cordilia James in The Real Deal.

“The combined asking prices for the 35 homes was $116.3 million, up from the previous week’s $88.3 million. The median asking price of those homes was $2.75 million and the average price per square foot was $1,534. It’s taken a while for contract signings to heat up, with the number of deals finally surpassing 20 in late September after.”

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Suns GM: No Real Negotiations with Deandre Ayton Regarding Contract Extension

“Suns general manager James Jones said Tuesday the team never engaged in real negotiations with Deandre Ayton over the offseason regarding a potential contract extension. Monday marked the extension deadline for 2018 draftees, with a number of players receiving new contracts with their respective,” reports Michael Shapiro in SI.

“Memphis forward Jaren Jackson Jr. signed a $105 million extension on Monday, and Ayton’s teammate Mikal Bridges signed his own $90 million deal on Sunday. But after Monday’s deadline, Ayton will now reach restricted free agency next summer. Jones indicated Tuesday he was willing to discuss a max contract extension with Ayton’s.”

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Stat of the Week: Biglaw Committing to Offices

“This week saw some encouraging legal news for the commercial real estate industry. For Biglaw associates who overwhelmingly support remote work policies, perhaps not so much. According to data from Savills, law firms that use more than 20,000 square feet of office space leased 2.1 million,” reports Jeremy Barker in their Above The Law.

“This marks the highest quarterly total of the pandemic era, and a 51% increase from the previous quarter. Savills experts told Law360 the increase signals a bet among law firms that lawyers can be convinced to return to the office, along with firms renewed interest in long-term commitments” to physical office space. We do have it on good.”

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The American Kennel Club Appoints Heather McManus General Counsel

“The American Kennel Club, the world’s largest purebred registry and leading advocate for all dogs, has appointed Heather McManus as its General Counsel. McManus was appointed to Vice President in 2017 and has served as Deputy General Counsel. In this new role, McManus will serve as the chief,” reports PR Newswire in their blog.

“Heather McManus joined the AKC in January of 1993. In addition to serving as the chief lawyer of AKC, she manages the law department functions, and is responsible for the Insurance Programs for AKC and its affiliates. Heather serves as a Board Member of MAC Casualty. She has successfully handled litigation matters filed.”

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As Lawsuit Payouts Near $200M Since 2010, MDOC Wants to Learn from Past Mistakes

“The Michigan Department of Corrections wants to make sure its officials are taking some lessons ven if they are expensive ones from the many lawsuits filed against the department. Department Director Heidi Washington sent out a memorandum recently requiring a post-litigation critique after,” reports Paul Egan in Detroit Free Press.

“The Corrections Department was responsible for $125.6 million in judgments and settlements the state paid between 2010 and 2019, according to data compiled by the Senate Fiscal Agency. Figures for the 2020 fiscal year were not available Wednesday, but those numbers are expected to push the total much higher,since the state.”

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Atlanta Council Votes to Pay $19 Million to Settle Trash Collection Lawsuit

“The city of Atlanta has agreed to pay $19 million to settle a lawsuit from condominium owners seeking relief from annual garbage fees. In a resolution approved by the City Council on Monday, the city’s chief financial officer will deposit the money into an escrow account to refund,” reports Wilborn P. Nobles in The Atlanta Journal Constitution.

“The city’s annual frontage fees for trash pick up and street sweeping increased to a range of $500 to $12,000 per property for commercial or multi-family developments, according to the complaint filed in Fulton Superior Court in February. But the lawsuit alleges Atlanta’s frontage fee is an illegal tax, rather than a reasonable fee for any solid.”

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Barnes & Thornburg Adds White Collar Litigator To Its Chicago Office

Barnes & Thornburg has added Eric Sussman as a partner in its Chicago office. Sussman joins the firm’s Litigation Department with a focus on white collar defense, governmental investigations, and high-profile commercial litigation.
Sussman was previously a deputy chief in the Financial Crimes and Special Prosecutions Unit of the U.S. Attorney’s Office in Chicago and handled numerous high-profile white collar criminal cases. He was also the First Assistant State’s Attorney for the Cook County State’s Attorney’s Office, where he supervised over 800 lawyers and investigators in the criminal, appellate and juvenile justice bureaus as well as the civil actions bureau.
Sussman’s practice encompasses white collar defense, securities enforcement matters, internal investigations, and commercial litigation. He has represented corporations and executives in litigation and investigations with the Department of Justice (DOJ), Securities Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), Food and Drug Administration (FDA) and several other government agencies.
“Eric routinely handles complex federal and state cases across the country and is a fierce advocate for his clients,” said Randy Brown, chair of the firm’s Litigation Department. “Following the additions of Kevin Dreher and Caroline Upton to the group in Chicago this summer, our team has seen tremendous growth and is positioned to provide clients with excellent service on a wide range of litigation matters.”
Sussman supports his clients in investigations with the Foreign Corrupt Practices Act (FCPA), False Claims Act (FCA), and insider trading issues. Notably, Sussman has represented a CEO of a pharmaceutical company for an insider trading prosecution in the Southern District of New York, an international hedge fund around SEC and DOJ securities fraud prosecution, and several international medical device companies in FCPA investigations.
“We are excited to welcome Eric to our Chicago office as we continue growing our litigation bench,” said Michael Carrillo, Chicago office managing partner. “Eric’s work in the federal and defense side of white-collar litigation gives him a unique perspective that will further bolster the firm’s reputation in the market as a leader for comprehensive counsel in the white-collar realm.”
Sussman earned his B.A. from Amherst College, magna cum laude, and his J.D. from the University of Chicago Law School.
With more than 700 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. The firm serves clients worldwide from offices in Atlanta, Boston, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, New York, Ohio, Raleigh, Salt Lake City, Texas and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews.




Bradley Adds Van P. East III to Real Estate Practice Group

East_VanBradley Arant Boult Cummings LLP is pleased to announce the addition of Van P. East III to the firm’s Real Estate Practice Group as a partner in the Nashville office.

“Van is a talented real estate and corporate attorney with an excellent reputation in Nashville, and we are excited to welcome him to the firm,” said Bradley Nashville Office Managing Partner Lauren B. Jacques.

Brooks R. Smith, chair of the firm’s Real Estate Practice Group, added, “Our team has been focused on strategic growth, and the addition of Van will enhance our capabilities in the real estate and finance industry, allowing us to proactively respond to the needs of our clients in Nashville’s booming market and beyond.”

Bradley’s Real Estate Practice Group is deeply embedded in the real estate industry and serves every sector of the market, including acquisitions, financing, lending, leasing, construction, regulatory, tax, and other matters. The team handles complex, multimillion-dollar projects for large institutions, as well as more routine ongoing transactions for clients whose primary businesses are in real estate investment or development.

Mr. East has extensive experience in commercial real estate, representing clients in purchasing, financing, leasing and selling commercial properties ranging from shopping centers to vacant land. He also works with clients on matters involving closely held business entities, including formations, conversions, mergers, acquisitions and dispositions, as well as restructuring ownership and control. Mr. East frequently organizes limited liability companies, corporations and partnerships for a variety of business purposes.

A graduate of Vanderbilt University Law School, Mr. East is an active member of the Tennessee Bar Association (TBA) and currently serves on the Executive Council of the Business Section. Through his involvement with the TBA, he participated in drafting legislation regarding Tennessee’s business entity statues, including the Tennessee Revised Limited Liability Company Act. Mr. East is also a Fellow of the Nashville Bar Foundation and has been recognized in The Best Lawyers in America® since 2012.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.




Carrington Coleman Adds Business Litigation, Intellectual Property Partners in Dallas

DALLAS – Experienced business trial lawyer Brian Shaw and intellectual property litigator Dr. Chad Ray have joined Carrington, Coleman, Sloman & Blumenthal LLP as partners, further bolstering the firm’s considerable strengths in those practice areas.

“Brian and Chad are exceptionally talented, accomplished attorneys,” said Carrington Coleman Managing Partner Monica Latin. “They bring expertise that complements the firm’s existing practices to better serve the needs of our clients. We are pleased to welcome them to our firm.”

Mr. Shaw has successfully tried high-profile, high-stakes lawsuits and arbitrations involving partnership disputes, shareholder rights, business divorces, and litigation involving contracts, oil and gas, employment, insurance coverage, construction, probate, bankruptcy and other corporate matters. He has also served as lead counsel in state and federal appellate courts. His business litigation work earned recognition in the 2021 Texas Super Lawyers legal guide. He is a 2006 graduate of Baylor University School of Law and is a Texas Bar Foundation Fellow. He joins the firm from the Rogge Dunn Group, P.C.

As a trial attorney and registered patent lawyer, Dr. Ray focuses his practice on patent litigation involving pharmaceuticals, medical devices, biologics, electronics, chemicals, and automotive components at trial and before the U.S. Patent Trial and Appeal Board. He holds undergraduate and Ph.D. degrees in chemistry. Dr. Ray’s experience as a research scientist provided him broad technical expertise as he developed scientific instrumentation for the study of chemical and biological materials by repurposing the tools of nanotechnology. He earned his law degree in 2011 from the University of Michigan Law School. He joins Carrington from the Dallas office of Munck Wilson Mandala, LLP, and previously practiced at the Chicago office of Jenner & Block, LLP.

Also joining the Dallas-based law firm is litigation associate Tania Sethi whom Alex More, head of the Litigation Practice Group called “an excellent addition” for the firm. Ms. Sethi is an experienced litigation attorney and certified alternative dispute resolution (ADR) mediator. She earned her law degree from the Baylor University School of Law in 2017. She joins the firm from Clark Hill Strasburger.

About Carrington, Coleman, Sloman & Blumenthal, LLP
Carrington Coleman is a 51-year-old Dallas-based law firm focused on litigation and transactional services in the real estate, oil and gas, securities, construction, professional services, technology, and health care industries, among others. The firm provides counsel in corporate transactions, corporate governance, banking, bankruptcy/restructuring, intellectual property, litigation and appeals, employment, and family wealth/estate planning. Learn more about the firm at www.carringtoncoleman.com.




Hogan Lovells Advises Grupo Ganfer in Joint Venture with Nature Sweet

Global law firm Hogan Lovells advised Grupo Ganfer, a leader in Mexico known for its innovative production, marketing and exportation of agricultural products and services, in a joint venture with Nature Sweet.

The joint venture will provide Grupo Ganfer the means to expand its installed capacity for the exportation of small tomatoes among other vegetables. Grupo Ganfer is increasing its share leadership in its main business of small tomatoes and other vegetables that are grown in greenhouses.

Mexican agrobusiness exportation is at its highest point in 21 years, and is seen as one of the primary growth businesses in the years to come.

Hogan Lovells advised Grupo Ganfer in tax, corporate, and real estate matters in connection with the joint venture. The Hogan Lovells team included Jaime Espinosa de los Monteros, Federico De Noriega, Guillermo Gonzalez Frankenberger, Rocío Sánchez Arriola and Andrea López Campa.




Eric White Appointed as Assistant Leader of Dykema’s Corporate Finance Practice Group

Dallas – October 19, 2021 – Dykema, a leading national law firm, announced today that Dallas-based Member Eric White has been appointed to serve as assistant leader of the firm’s corporate finance practice group.

In his practice, White counsels clients on business law matters involving mergers and acquisitions, lending, private equity investments, leveraged buy-outs, and subordinated debt investments. He has represented numerous financial institutions with asset-based lending, leveraged buy-outs, leveraged recapitalizations, subordinated debt investments, equipment and project financings, and restructurings and workouts. Additionally, White has extensive experience with deals utilizing private equity and junior debt in the capital stack. He has completed deals with respect to the acquisition, maturation, and disposition of company platforms in the health care, energy, and manufacturing industries.

White also advises clients in general corporate matters related to formation, private financings, restructuring, equity-holder distributions, and regulatory compliance. He has worked with clients from a diverse array of businesses, such as an avionic equipment manufacturer, a hydraulic systems manufacturer, an exterior packaging distributor, and an operator of an adult assisted-living facility.

White received a B.B.A. in finance from the University of Texas at Austin and a J.D. from the University of Virginia School of Law.

About Dykema
Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 12 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service, and exceptional value in every engagement.




With New Billable Hours Policy, Biglaw Firm Solidifies Commitment to Making Legal Profession More Inclusive

“Biglaw firms across the country are implementing all manner of initiatives to bring attention to the importance of diversity, equity, and inclusion among their ranks. We’ve previously acknowledged s firms where approved diversity and inclusion-related work will be billable for attorneys and will count,” reports Staci Zaretsky in Above The Law.

“Stoel Rives a firm that brought in $259,328,000 gross revenue in 2020 is putting its money where its mouth is when it comes to its commitment to diversity and inclusion with its new billable hours policy. This is a firm that truly cares about diversity. Last month, Stoel received Mansfield Rule 4.0 Plus Certification from the Diversity Lab.”

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Tech Moves: Convoy Names General Counsel Startup Founders Land New Gigs After Shutdowns

“A Seattle tech vet, Morrow was an executive at Apptio for five years including through the software company’s IPO and later $1.9 billion private equity deal. He was most recently general counsel and secretary at Paymentus, a Redmond, Wash.-based electronic billing platform that,” reports Cara Kuhlman in their Geek Wire.

“Morrow’s appointment comes after turnover in the top legal role at Convoy throughout 2021, as reported by Bloomberg Law. Former Convoy General Counsel Diankha Linear departed in May and is now COO at text messaging platform Community.com. Acting head of legal Megan Lutes departed in July to join 3D printing.”

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J&J Offered $4 Billion to Settle Talc Claims Months Before Unit’s Bankruptcy

“Months before putting one of its units into bankruptcy, Johnson & Johnson offered $4 billion to settle with victims of its talc-based powder — twice the amount it’s now proposing to pay through a forced resolution, according to people familiar with the matter. The $4 billion offer was aimed at ending more than,” reports Mint in their blog.

“Seven years of litigation over claims its iconic baby powder caused different types of cancers. J&J faces nearly 40,000 suits targeting its talc-based products, and has agreed to about $3.5 billion in settlements so far, according to court filings. The world’s largest maker of health-care products wanted to split the $4 billion between trusts.”

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Decatur, Morgan County Announce $98 Million Settlement with 3M, Other Defendants

“This morning has seen seismic changes in a number of long-running disputes over chemical contamination claims in the Tennessee Valley and the Tennessee River. The City of Decatur and Morgan County announced today they have reached a settlement with chemical maker 3M and other companies,” reports Brian Lawson in News 19.

“The Tennessee Riverkeeper group which sued 3M, Decatur, Morgan County and other corporations, also announced a settlement with 3M. Through these agreements, subject to final approval, 3M will support activities to address PFAS that 3M manufactured or disposed of, as well as to enhance the quality of life for Decatur residents.”

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BRIAN GILLETT JOINS BRADLEY’S LITIGATION PRACTICE IN DALLAS

FOR IMMEDIATE RELEASE
Contact: Vivian Hood
904.220.1915
vhood@jaffepr.com

Social Media: @bradleylegal, #legalnews

BRIAN GILLETT JOINS BRADLEY’S LITIGATION PRACTICE IN DALLAS

DALLAS (October 19, 2021) – Bradley Arant Boult Cummings LLP is pleased to announce that Brian M. Gillett has joined the firm’s Dallas, TX, office as a senior attorney. Mr. Gillett will practice as part of the Litigation team.

“Brian is a highly skilled litigator, and we are pleased to welcome him to our Dallas office and the firm’s nationally recognized group of litigation attorneys,” said Dallas Office Managing Partner Richard A. Sayles.

Mr. Gillett is a trial attorney with experience handling high-stakes, complex commercial matters on both the plaintiff and defense sides at all stages of litigation in state and federal court and arbitration proceedings, from discovery through trial and appeal.

His practice focuses on business litigation matters, including disputes involving claims for breach of contract, fraud, and breaches of fiduciary duties. He has litigated both individual and class claims involving oil and gas disputes, intellectual property theft and infringement, and antitrust.

Mr. Gillett graduated summa cum laude from Texas A&M University with a B.S. in Political Science and a B.S. in Spanish and earned his J.D. with highest honors from the University of Texas School of Law.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.
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