Experience

Sale of Food Manufacturing Company

$100 million sale of food manufacturing company to private equity fund, involving a pre-closing tax reorganization and rollover equity.

$150 Million Consumer Food and Beverage Industry Acquisition

Represented acquired person in $150 million acquisition in the consumer food and beverage industry.

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.

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.

$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.

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.

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.

$8 Billion+ Bond Offerings

Advised a British multinational brewing and beverage company in multiple bond offerings totaling in excess of $8 billion in proceeds.

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.

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.

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.

Litigation Counsel for Craft Brewery

Represented a regional craft brewery in the course of dispute with distributor’s breach of agreement.

Advised U.K. Food Service Company on Sale

Advised U.K. food service company on the sale of its business and assets to a subsidiary of an NYSE-listed corporation.

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.

Representation of Secured Lenders in Agricultural Company Bankruptcy Proceedings

Represented the secured lenders in Chapter 12 and agricultural Chapter 11 bankruptcy cases.

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.

Antitrust Case Involving Agriculture

Represented a multibillion-dollar company against antitrust claims brought by three putative classes, numerous direct-action plaintiffs and various state attorneys general.

Favorable Settlement for Food Ingredient Supplier in U.N. Contract Enforcement

Won a favorable settlement for a food ingredients supplier seeking to enforce a long-term contract governed by the United Nations Convention on the Sale of International Goods.

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.

$850 Million Pet Food Industry Reorganization

Represented acquiring and acquired persons in an $850 million reorganization in the pet food industry.

Counsel to Secured Creditor in Beer Distributorship Bankruptcy

Served as counsel to mortgage lender in Chapter 11 of Central Illinois closely held beer distributor.

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.

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.

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.

Antitrust Case Involving Multibillion-Dollar Agriculture Company and Food Processor

Represented a multibillion-dollar agriculture and food processing company against antitrust claims brought by three putative classes, numerous direct-action plaintiffs and various state attorneys general.

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.

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.