Experience

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.

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.

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.

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.

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.

$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.

Regulatory and Compliance Counsel Across Industries, Including with the FDA, DOJ, SEC and FTC

Provided regulatory and compliance counsel to clients in various industries, including matters involving the Food and Drug Administration, the Department of Justice, various agencies that govern import and export controls, the Securities and Exchange Commission and the Federal Trade Commission.

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.

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 officer and owner of several marijuana cultivation and dispensary businesses in successfully resolving a wide-ranging business dispute with the co-owners, negotiating favorable buy-out terms for the client’s ownership interests in the 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.