The BLT: The Blog of Legal Times

Georgetown Restaurant Sues Ex-Manager for Breach of Contract

Café Milano, an Italian restaurant in Georgetown, is suing its former manager for allegedly breaching his contract by secretly agreeing to work for a soon-to-open competitor months before announcing his resignation.

The restaurant, represented by ShawnCoulson in Washington, claimed Antonio Ferraro ran afoul of the non-compete clause in his contract by accepting an offer to work at Fiola Mare, a new restaurant set to open soon in Georgetown.

Contract information was unavailable for Ferraro. A lawyer for Fiola Mare, Mark Sandground of Kalbian Hagerty, declined to comment, as did Café Milano's lead attorney William Shawn.

Joyous Justice Thomas Speaks to Federalist Society

A relaxed and upbeat Supreme Court Justice Clarence Thomas told the Federalist Society Thursday night that he feels “obligated” to state his sometimes unorthodox views of the law, even if they go against precedent.

“If you look like a fool, so what?” he said, adding that his respect for precedent is “not going to keep me from going to the Constitution.” His remarks won a standing ovation from the more than 1,300 attendees at the society’s annual dinner at D.C.’s Omni Shoreham Hotel.

Now in his 22nd year as a justice, Thomas said “I feel blessed every day” working as a justice. He even resisted the sentiment expressed by other justices that they need the summer recess to take a break from their colleagues. Thomas said he was in no hurry to leave the company of his fellow court members in the summer, prompting Justice Antonin Scalia to shout from the audience, “I get out of there as soon as I can.” Justice Samuel Alito Jr. also attended.

Thomas, 65, offered his observations during an on-stage conversation with Judge Diane Sykes of the U.S. Court of Appeals for the 7th Circuit. She praised Thomas as a “steady and committed originalist,” and “a friend of the Federalist Society for so long.”

Sprinkles Cupcake Company Sued Over Name

Updated at 5:20 p.m.

After national cupcake chain Sprinkles opened its first store in the District of Columbia in 2011, things got a lot less sweet for a local company using the same name, according to a lawsuit filed yesterday in Washington federal court.

Soft Serve Inc., a Potomac, Md.-based ice cream shop and bakery that does business under the name Sprinkles, accused the Los Angeles-based Sprinkles Cupcakes LLC of trademark infringement. Soft Serve said it had been using the name Sprinkles since at least early 2002, before Sprinkles Cupcakes registered variations of its name with the U.S. Patent and Trademark Office.

Given similarities in the products and services offered by both companies, Soft Serve said Sprinkles Cupcakes' use of the name "in the Washington D.C. metropolitan area is likely to cause confusion in the marketplace. The resulting confusion will damage Plaintiff and injure its reputation in the trade and with the public."

Bringing U.S. Businesses to the Fight Against Obesity

With obesity on the rise in the United States and adding billions of dollars in medical expenses, the U.S. Chamber of Commerce on Wednesday urged businesses to take action, presenting strategies companies can deploy to help battle the problem.

In "Navigating Obesity: A Road Map for Prevention," a new report from the Chamber's Business Civic Leadership Center, the group analyzed several obesity-prevention organizations to determine how major U.S. businesses and other stakeholders could address obesity. The report, authored by Business Civic Leadership Center research manager Jeff Lundy and consultant Lawrence Bowdish, has four strategies large companies can use on the issue of obesity.

National Grocers Association GC Retiring

After more than three decades as the National Grocers Association's executive vice president and general counsel, Thomas Wenning is retiring, the Arlington, Va.-based organization announced Tuesday.

Wenning will leave the leading U.S. trade group for grocery businesses controlled by families or employees on December 31. He has served as the organization's GC and EVP since the National Association of Retail Grocers of the United States and the Cooperative Food Distributors of America merged to form NGA in 1982. NGA counts more than 500 independent retailers as members, including Trader Joe's Co. and several Piggly Wiggly affiliates across the U.S.

Wenning said he has had a "very rewarding and gratifying career" at NGA, and intends to serve as a consultant to the group during his retirement.

Restaurant Chain Loses Immigration Dispute

Fogo de Chao, the chain of Brazilian steakhouses, lost its fight with the federal government over the issuing of certain types of immigration visas to applicants with "specialized knowledge."

In a ruling on Friday, U.S. District Judge Reggie Walton dismissed Fogo's lawsuit against U.S. Citizenship and Immigration Services. The company sued over the agency's denial of a visa application for one of Fogo's Brazilian chefs. The agency found the restaurant failed to prove the chef had the type of "specialized knowledge" that would make him eligible for the visa.

Fogo was represented by Baker & McKenzie's Carl Hampe and Steven Chasin. Hampe declined to comment. A Fogo spokesperson could not be reached today for comment. A representative of U.S. Citizenship and Immigration Services also could not be reached.

Court Affirms Ruling that D.C. Water Didn't Corrode Pipes

Washington's public water system has faced its share of bad press in the past, but the city recently fended off a lawsuit claiming the water was so corrosive it caused leaks in copper piping.

The owner of residential apartment buildings in Northwest Washington sued D.C. Water in 2003, accusing the agency of delivering water to the public that was so excessively corrosive that it caused small leaks in the buildings' copper piping. The trial judge found in favor of D.C. Water.

A three-judge panel of the District of Columbia Court of Appeals on July 3 upheld the lower court ruling, which said the plaintiff failed to present enough evidence that D.C. Water's actions caused the leaks. D.C. Water supplies drinking water and wastewater collection in Washington.

Barry Diller to Pay $480K to Settle Antitrust Claims

Corporate investor Barry Diller has agreed to pay $480,000 to settle claims he violated federal antitrust law when he acquired hundreds of thousands of shares of The Coca-Cola Co. between 2010 and 2012.

Diller, a billionaire media mogul known for heading a number of entertainment companies, failed to observe a waiting period and notify federal officials when he acquired 989,000 voting shares of Coca Cola between November 2010 and April 2012, according to a complaint filed today by the Federal Trade Commission in U.S. District Court for the District of Columbia.

Under the Hart-Scott-Rodino Antitrust Improvements Act, investors are required to notify antitrust agencies and observe certain waiting periods when they buy securities valued above certain amounts. In a court filing in Diller's case, the U.S. Department of Justice said the waiting period was necessary to give federal antitrust agencies time to investigate securities purchases before they happen.

D.C. Restaurant Rasika Sues Former Executive Chef

Updated at 4:10 p.m.

Local restaurant Rasika West End is suing its former executive chef, accusing him of quitting for another job after the restaurant shelled out thousands of dollars for his immigration-related legal services and other expenses.

Rasika, in a lawsuit filed Friday in District of Columbia Superior Court, is seeking more than $30,000 from its former chef, Manish Tyagi. The restaurant accused Tyagi of failing to reimburse the restaurant after he left and of exploiting Rasika's name and "confidential business secrets" for personal gain.

Tyagi, who is listed online as a chef at San Francisco restaurant Amber Dhara, could not immediately be reached for comment.

Law Firm Bands Tuning Up for Homeless Benefit

The tenth annual Battle of the Bands, the lawyer-led benefit for the homeless in D.C., gets underway Thursday night. Eighteen bands will play on two stages starting at 7 p.m. at The Black Cat in Northwest D.C. The band that raises the most money from fans and colleagues will be declared champion, more or less regardless of talent.

The event, also known as Banding Together, is sponsored by Gifts for the Homeless, Inc., a non-profit founded in 1986 by law firms and legal organizations. All the proceeds go toward the purchase of clothing, blankets and other essential items that are distributed free to homeless shelters throughout the area. Last year's competition among 16 bands raised $275,000. This year, bands have encouraged fans to donate beforehand on crowdrise.com. "It's shaping up as more, bigger and better than ever," said GFTH board member Jim Villa.

As usual, the competition is fierce -- and not just over the music and donations. It's also about the band names, many of which only lawyers could love, or understand. There's Constantine Cannon's band called Nunc Pro Funk, and Jazz Ipsa Loquitor, a creation of lawyers from Foley & Lardner and Lerman Senter. The Soul Practitioners draw lawyers from Kirkland & Ellis, Dawson & Associates, and Sullivan & Worcester, and then there are the Estoppelgangers from Latham & Watkins.