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.
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.
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.
Successful Outcome in Cases Related to Misinterpretation, Misapplication of Lockout/Tagout Standard
Defended numerous employers in cases in which OSHA was persuaded that it misinterpreted or misapplied the lockout/tagout standard.
Acquisition of Franchise Restaurants
Represented a private investment firm in its acquisition of franchise restaurant outlets across multiples states. Handled the acquisition agreement and other operative documents, due diligence, franchise documentation and licensing.
No Willful Violations for Publicly Traded Company
Defended publicly traded company in a two-week OSHA evidentiary hearing involving multiple alleged willful violations at a meat plant. At the conclusion of the hearing, the Administrative Law Judge determined there were no willful violations.
No Prosecution for Client in Multiple Fatality Case Referred to the U.S. Attorney
Defended a company in a multiple fatality case that resulted in an OSHA referral to the U.S. Attorney for prosecution. After meeting with the U.S. Attorney, no prosecution resulted.
Citations Vacated for Client in Fatality Involving Construction Crane
Defended company in an OSHA evidentiary hearing involving a fatality on a crane. At the conclusion of the hearing, the Administrative Law Judge vacated all citations.
No Willful Violations in Case Involving Availability of Rescue Boat
Defended company in OSHA evidentiary hearing involving facility and availability of rescue boat. The Administrative Law Judge determined violation was not willful.
Six Citations Vacated for Electrical Equipment Manufacturer
Defended manufacturer of electrical equipment in OSHA evidentiary hearing where issues all involved possible electrocution hazards associated with high voltage equipment. The Administrative Law Judge vacated all six citations that were issued.
Favorable Result for Company Cited in Violation of OSHA Silica PEL
Defended company that received citation alleging exceedance of OSHA’s silica PEL. Convinced OSHA the sample results were invalid, resulting in withdrawal of citation.
Defended Magnesium Recycler in EPA Cost Recovery Action
Defended magnesium recycler in EPA cost recovery action in Pennsylvania including negotiating consent decree and private party allocation.
Successfully Resolved Matter for Company in OSHA Severe Violator Enforcement Program
Defended company placed in OSHA Severe Violator Enforcement Program (SVEP) involving combustible dust explosion and serious injuries. The case was settled with no willful violations and the company was removed from SVEP.
Representation of Manufacturing Company in Soil and Groundwater Cleanups
Represented manufacturing company in soil and multi-plume groundwater cleanups of PCBs and solvents in Missouri. Persuaded EPA to pursue separate source of groundwater contamination. Site is located in close proximity to drinking water wellfield.
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