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.
Litigation Counsel for Craft Brewery
Represented a regional craft brewery in the course of dispute with distributor’s breach of agreement.
Regulatory Compliance Work for Private Label Food Manufacturer
Provided counsel concerning regulatory compliance with FDA and state regulatory entities for multiple product lines involving multiple customers/retailers, as well as assisted with contractual disputes arising from co-manufacturer agreements.
Counsel to Pet Food Company Expanding to National Sales
Serving as regulatory, compliance, and litigation counsel to Pet food company growing from a regional online sales presence to national in-store distribution.
Favorable Settlement and Dispute Resolution for Animal Feed Producer
Successfully opposed efforts to seek class certification in U.S. District Court for the Eastern District of California in case founded upon consumer fraud claims, resulting in a favorable settlement for the client and elimination of continued liability exposure.
$8 Billion+ Bond Offerings
Advised a British multinational brewing and beverage company in multiple bond offerings totaling in excess of $8 billion in proceeds.
Advised Leading U.K. Food Manufacturer in Relation to Chief Executive’s Exit
Advised a leading U.K. food manufacturer/supplier in relation to the exit of the company’s Chief Executive Officer. This was a particularly complicated, high-risk and high-value termination, given the seniority of the employee involved.
National Dairy Counsel for Global Beverage Company
Served as nationwide dairy counsel for a global beverage company, specifically focusing on distribution regulations and agreements. Supported 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.
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.
IP, IT Diligence for $135 Million Acquisition of Animal Health Products Manufacturer
Represented a manufacturer and marketer of pet care and nutrition products in its $135 million acquisition of a wholesaler of small-animal wellness brands. Handled diligence on all intellectual property and information technology aspects of the transaction.
$1.15 Billion Divestiture of Animal Health Product Lines
Company counsel for simultaneous completion of more than $1.15 billion in sales of animal health product lines pursuant to an FTC-mandated divestiture.
Successful Defense of Game-Changing Technology for Agricultural Manufacturer
Successfully defended game-changing agricultural equipment patents before the USPTO during reexamination related to a pending infringement suit in which the major manufacturer is the plaintiff.
Multimillion-Dollar Litigation Victory in Disputed Business Acquisition
Represented animal product manufacturer in investigation of regulatory defects in business acquired by client and litigation for breaches of acquisition agreement. Successfully prosecuted federal court litigation alleging more than $7 million in damages, resulting in highly favorable settlement for client.
Represented U.S. Agricultural Company in International Trademark Litigation
Successfully represented U.S.-based agricultural company in complex international trademark dispute. Oversaw international counsel, case development, and strategy for favorable resolution of claims.
$150 Million Consumer Food and Beverage Industry Acquisition
Represented acquired person in $150 million acquisition in the consumer food and beverage industry.
Chapter 11 Bankruptcy for Public Agribusiness Company Following Chinese Reverse Merger
Served as lead counsel for the equity committee in the Chapter 11 bankruptcy of a publicly traded agribusiness company which was the result of Chinese reverse merger that resulted in the successful sale of U.S.-based assets, assets in China, and a global settlement with the company, secured creditors, SEC, class action plaintiffs and unsecured creditors. This resulted in a successful distribution to shareholders in an insolvent company that had little hope of recovery due to massive securities fraud in the U.S. and China.
Representation in Massachusetts-Based Pizza Chain Bankruptcy
Served as representation for landlord and committee member in the bankruptcy cases of a Massachusetts-based pizza restaurant chain.
Advised Packaged Foods Company on Voluntary Liquidation
Advised packaged foods company, and its parent company, in respect of packaged foods company’s voluntary liquidation in the U.K.
Acted for Large U.S. Food Chain on Opening via Franchising in Kazakhstan and Uzbekistan
Acted on various legal issues for large U.S. food chain on its opening via franchising in Kazakhstan and Uzbekistan.
Won Preliminary Injunction for Wine and Spirits Industry Supplier in Trade Secret, Noncompete Case
Won a preliminary injunction following a three-day federal bench trial for a large supplier of materials used in wine and spirits industry. Protected trade secrets and enforced noncompete, and recovered fees for client.
Counsel to Secured Creditor in Beer Distributorship Bankruptcy
Served as counsel to mortgage lender in Chapter 11 of Central Illinois closely held beer distributor.
Representation of Secured Lenders in Agricultural Company Bankruptcy Proceedings
Represented the secured lenders in Chapter 12 and agricultural Chapter 11 bankruptcy cases.
$850 Million Pet Food Industry Reorganization
Represented acquiring and acquired persons in an $850 million reorganization in the pet food industry.
Complete Dismissal of Multimillion-Dollar California Class Action for Pet Products Manufacturer
Secured significant victory for our client, a pet products manufacturer, in U.S. District Court for the Northern District of California. Plaintiff alleged products were mislabeled and asserted fraud, warranty, and consumer protection claims; and sought to represent a nationwide class seeking more than $5 million in damages. After initial motions practice and discovery, the Court granted dismissal of all claims.
Counsel in Commercial Litigation, Foreclosure, Special Assets and Receivership Matters
Served as counsel to local, regional and national lenders in numerous commercial litigation and foreclosure, special assets and receivership matters involving the sale and liquidation of nearly every type of real property and collateral, as well as workouts, including: office parks, mobile home parks, factory, warehouse and manufacturing properties, retail centers, marinas, medical offices and equipment, transportation development districts (TTDs), liquor stores, turkey farms, cattle, farm products and equipment, hotels, dry cleaners and many more.
Counsel to Secured Creditor in Farming Operation Litigation and Bankruptcy
Served as lead and trial counsel to lender in federal litigation for breach of contract, fraud, and replevin and for non-dischargeability and defense of lien avoidance in subsequent bankruptcy.
Advised on Restaurant Group Restructuring
Advised the board of a restaurant group in respect of its restructuring efforts.
Acquisition of Central and Southeastern Missouri Beer Distribution Business
Represented a St. Louis beer distributor, one of the largest privately held companies in the region and one of the largest distributors of beer, wine, spirits and other non-beer products, in its purchase of a distributing company serving customers throughout central and southeastern Missouri. The acquisition adds to the client’s annual distribution volume and further expands its market share in the region.
Trade Compliance Audits for Global Agricultural Company
Regularly conduct U.S. trade compliance audits/reviews of company's international locations in which we examine overall organizational structure, U.S. export and import controls and supply chain security.
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