Experience
Defended National Chip Brand on California Proposition 65 Claims
Served as regulatory counsel for nationwide chip brand, focusing on compliance with California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65). Defended both filed and threatened Proposition 65 claims.
National Dairy Counsel for Global Beverage Company
Served as nationwide dairy counsel for a global beverage company, specifically focusing on distribution regulations and agreements. On an ongoing basis, Armstrong Teasdale attorneys regularly support product launches, including product analysis, label review, distribution guidance and dairy regulation compliance for various product lines including juices, sodas and carbonated beverages, flavored waters and energy drinks.
Civil, Criminal Regulatory Charges Dropped for Global Beverage Company in Dairy Product Launch
Served as lead counsel to a global beverage company in advance of their first-ever endeavor in the dairy market. Less than four months before the nationwide launch of the dairy brand, an administrative agency delivered distressing news indicating that the new brand had violated regulations and faced both civil and criminal charges. After just one month of discussions and negotiations, the department agreed to drop all charges.
Supported Nationwide Launch of Flavored Milk Product
Hired to support the launch of a flavored ultra-filtered, lower sugar milk aimed at tweens and young adults. Supported the nationwide launch, which happened in two phases, and provided counsel related to compliance, product distribution, market and research analysis, safety and risk management, labeling and advertising.
Regulatory Compliance Work for White-Label Iced Coffee Product
Provided counsel to a global beverage company in its launch of a white-label iced coffee product for a multinational quick serve chain. This included ensuring regulatory compliance of its product formula with FDA, USDA and various state regulatory structures.
Regulatory, Labeling Work for Bottled Water Brands
Handled regulatory compliance and product labeling matters on an ongoing basis for a global beverage company’s bottled mineral water brands.
Counsel on Compliance, Labeling for National Ice Cream Brand
Provided counsel to a multinational ice cream company on an ongoing basis with regard to regulatory compliance and product labeling issues.
Outside General Counsel for Regional Food Delivery Service, Restaurant
Served as outside general counsel to a regional food delivery service, handling matters from the company’s inception on an ongoing basis, including trademark and marketing needs. Provided counsel regarding the establishment of a brick-and-mortar restaurant location.
Promotional, Advertising Work for Dairy Brand
Assisted a major dairy brand on an ongoing basis in nationwide promotional and advertising matters, including couponing and associated regulations and requirements.
Trademark Counsel for Microbrewery
Assisted a regional microbrewery client with trademark, marketing and regulatory issues.
Outside General Counsel for Regional Food Delivery Service, Restaurant
Served as outside general counsel to a regional food delivery service, handling matters from the company’s inception on an ongoing basis, including start-up growth, funding, trademark and marketing needs.
Counsel on Food and Regulatory Issues for Grocery Chain
Provided counsel to national grocery store chain on ongoing regulatory and food-related matters, including food safety standards.
Regulatory Counsel for Animal Feed, Nutrition Product Manufacturer
Provided counsel to a manufacturer of animal feed and other health and nutrition products regarding label compliance and regulation domestically and abroad.
$33 Million Sale of Animal Feed Manufacturer
Served as lead counsel in a $33 million sale of an animal feed manufacturer.
Defense Verdict for Livestock Association
Secured a defense verdict serving as co-defense counsel in a two-week jury trial in a defamation and breach of contract lawsuit brought against a livestock association by barred competitors.
Initial Fundraising for Food Industry Startup
Initial fundraising for food industry startup and subsequent capital raises.
Representation of Dietary Supplement Supplier, Manufacturer in FDA Investigation
Representation of dietary supplement manufacturer and supplier in U.S. Food and Drug Administration investigation of alleged Food, Drug & Cosmetic Act violations.
Represented Marijuana Business Owner in Dispute
Represented an executive and owner of several marijuana cultivation and dispensary businesses in successfully resolving a wide-ranging business dispute with the co-owners of his businesses and negotiating favorable buy-out terms for his ownership interests in the various companies.
Counsel to Meal Kit Company Preparing for Future Growth
Provided counsel to meal kit delivery service experiencing exponential growth. Addressed complex regulatory and sensitive litigation issues with innovative strategies to position the client for future growth and success.
Reduced Penalties for Dairy Farm in Fatalities Following OSHA SVEP Placement
Defended dairy farm in two separate fatality cases that resulted in repeat OSHA citations and placement on OSHA SVEP. At conclusion of negotiation, company was removed from SVEP and penalties were cut by 75 percent.
50-plus Copyright Applications for Agricultural Client
Prosecuted and successfully registered over 50 copyright applications with the U.S. Copyright Office for the client, a manufacturer of agricultural sprayers and product application systems.
Successfully Defended Pet Food Brand in Misappropriation of Trade Secrets Case
Successfully defended a pet food company against misappropriation of trade secrets claims. Two of the plaintiff’s employees were terminated by the plaintiff and went on to work for a competitor after developing a new type of packaging to supply to our client. At the same time, the competitor was in the process of developing replacement packaging to supply to our client. Our client moved its business to the competitor and the plaintiff filed suit in U.S. District Court for the Western District of Missouri against our client, the two former employees and the competitor. Armstrong Teasdale defended the lawsuit by, among other things, challenging the plaintiff’s characterization of the allegedly misappropriated information as trade secrets. At mediation, the plaintiff agreed to settlement by dropping its claims and requesting a nominal payment from our client pursuant to a raw materials agreement for materials not used by the plaintiff before the relationship was terminated.
Enjoined Misappropriation of Trade Secrets for Specialty Food Manufacturer
Successfully enjoined misappropriation of trade secrets in the Circuit Court of Madison County, Illinois, for a major specialty food manufacturer, and obtained a consent judgment prohibiting the solicitation of major customers for a significant period, although the former high-level employees did not have employment agreements.
Obtained TRO for Major Grocery Chain in Noncompete Case
Obtained temporary restraining order (TRO) and consent permanent injunction against a former employee of a major grocery chain enforcing a noncompete agreement and requiring return and destruction of documents.
Domestic and Foreign Patent Strategy and Portfolio Management for Agricultural Equipment Company
Developed and executed domestic and foreign patent filing strategy and management of patent portfolio related to precision agricultural equipment, including the development of offensive and defensive patent filing strategies.
Obtained Dismissal for Midwestern Livestock Show Relating to Governance
Served as lead counsel in suit brought against a historic Midwestern livestock show. The plaintiffs sought a court order mandating that they be allowed to participate in future competitions. Obtained dismissal of plaintiffs’ claims, thereby protecting the right of a private organization to govern its competitions.
Favorable Settlement for Grain Manufacturer in Price-Fixing Suit Against Vitamin Manufacturers
Represented a grain manufacturer pursing price-fixing claims against international vitamin manufacturers. Litigation resulted in a favorable settlement for our client.
Citations Vacated for Client in OSHA Evidentiary Hearing
Defended company in OSHA evidentiary hearing in which company asserted that installation of wood trusses constituted steel erection. Administrative Law Judge agreed and vacated the citations.
Successfully Defended Contractor in Arbitration Against Seven-Figure Claim
Defended general contractor in seven-figure claim brought by an asbestos contractor in arbitration. Arbitrator’s award to asbestos contractor was five percent of the amount sought and was less than the general contractor had offered in settlement.
Defended Client in Waste Regulation Action Affirmed on Appeal
Defended client in an action against the Missouri Air Conservation Commission. The judge invalidated Missouri medical waste, industrial waste and sewage sludge incinerator regulations in the first of the “no stricter than” cases brought under the Missouri Clean Air Act. The decision was affirmed on appeal by the Missouri Court of Appeals.
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