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.
$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.
$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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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 Severe Violator Enforcement Program (SVEP). At conclusion of negotiation, company was removed from SVEP and penalties were cut by 75%.
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.
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