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Corporate and Securities Law

Court Finds Indemnification Provisions in Merger Agreement Binding on Non-Signatories

By Steve Quinlivan
July 25, 2021

…

Proskauer on Advertising Law

Court Tosses Hogwash Claims, OKs Pork Producer’s Use of “Prime” in Advertising

By Lawrence Weinstein, Jeffrey Warshafsky & Marc Palmer
August 18, 2020

Judge Paul C. Huck of the U.S. District Court for the Southern District of Florida recently granted a motion to dismiss brought by Defendants The Fresh Market and Tyson Fresh Meats in a putative consumer class action alleging that defendants…

M&A Insights

Aiding and Abetting Claim Sustained Against M&A Advisor JPMorgan

By Nancy B. Bostic, Amy E. Lott & Cindy M. Pridgen
July 28, 2020
bank-doorway-picture-id1008926982

On June 1, the Delaware Chancery Court (the “Court”) in Morrison v. Berry  allowed an aiding and abetting breach of fiduciary claim to proceed against financial advisor J.P. Morgan Securities, LLC (“JPMorgan”) for its role in the 2016 merger/takeover…

Ad Law Access

“Prime Pork” Grading Claims Dismissed by Federal Judge In Florida

By Jaclyn M. Metzinger & Caitlin R. Hickey
July 22, 2020

A federal judge in Florida recently dismissed a false advertising case against Tyson Fresh Meats and The Fresh Market challenging the use of the word “prime” to describe Tyson’s “Chairman’s Reserve Prime Pork.” Specifically, the plaintiffs alleged that the defendants…

Corporate and Securities Law

Chancery Finds General Counsel Potentially Liable for Misleading Tender Offer Documents

By Steve Quinlivan
January 3, 2020

…

Food Safety News

Target, Fresh Market recalls sandwiches, salads for Listeria

By Kelsey M. Mackin
July 21, 2019
Screen Shot 2019-07-21 at 2.04.09 PM

Elevation Foods is recalling containers of Archer Farms-brand deviled egg sandwiches and egg salad, and Freskët brand egg salad, tuna salad, and Thai lobster salad because of the potential for Listeria monocytogenes contamination. Consumers should check their homes for the…

Listeria Blog

Fresh Market Signature Collection Atlantic Smoked Salmon Recalled

By Bill Marler
April 22, 2011

Woodsmoke Provisions, LLC is voluntarily recalling forty pounds (40 lbs.) / 160 packages of the The Fresh Market Signature Collection Atlantic Smoked Salmon in 4 oz. retail packages with lot code 1459/2, because they have the potential to be contaminated…

Listeria Blog

St. James Smokehouse Recalls Listeria Salmon

By Listeria Attorney
February 12, 2011

St James Smokehouse has announced a recall of Scotch Reserve Whiskey & Honey Smoked Salmon 4oz retail packs due to possible Listeria monocytogenes. These packs were sold at The Fresh Market stores in 20 states, including Illinois, Wisconsin, and Indiana.…

The Trademark Blog

ARTHUR’S FRESH MARKET v. THE FRESH MARKET

By Marty Schwimmer
October 24, 2005

Arthur’s Fresh Market has defeated a preliminary injunction motion that its use of ARTHUR’S FRESH MARKET infringes THE FRESH MARKET. Via Inside Indiana Business.

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