Food, Beverage & Nutrition



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Arnstein & Lehr’s Food, Beverage & Nutrition Law Practice Group represents regional, national, and international corporations in the food and beverage industry.

We provide our clients with a range of services in many areas of the law including food, beverage and nutrition industry-specific issues involving:

  • Labor and Employment
  • Intellectual Property
  • Corporate Finance, Securities and Mergers & Acquisitions
  • Bankruptcy and Creditors’ Rights
  • Regulatory and Governmental Affairs

Our clients are manufacturers, distributors and sellers of food, beverage and nutritional products, including those in the following industry groups:

  • Restaurant
  • Food Brokerage
  • Food Processing
  • Dietary Supplement
  • Food Ingredient
  • Meat Packing
  • Organic Produce Distribution
  • Consumer Health Food
  • Alcoholic and Non-alcoholic Beverage
  • Retail, Wholesale, and Specialty Grocery Stores

REGULATORY AND GOVERNMENTAL AFFAIRS
Our attorneys counsel food, beverage and nutritional products businesses in regulatory and governmental matters at the federal and state level. We have particular experience with FDA, FTC, EPA and USDA regulatory matters affecting our clients. Class actions asserting unfair or deceptive practices in connection with product claims, testimonials and promotional material have become all too common. Whether brought by FTC, State AG’s, or private plaintiffs, these actions require experienced and studied counsel familiar with the standards applied in litigation over FTC Act and Little FTC Act claims.

We assist our food, beverage and nutrition business clients avoid such litigation where possible and help minimize exposure by reviewing advertising and claims, managing agency inspections and investigations, and advising on best practices for regulatory compliance.

LABOR AND EMPLOYMENT
Arnstein & Lehr’s Labor & Employment practice group represents food, beverage and nutritional products clients that range in size from large, publicly held corporations to small, closely held businesses.

Our lawyers counsel corporations, executives and entrepreneurs on all aspects of:

  • Compensation Plans
  • Executive Employment Agreements
  • Non-Competition and Confidentiality Agreements
  • Equity Ownership and Succession Planning
  • Pension and Welfare Benefit Plans
  • Medical, Severance and Other Benefit Plans

Our attorneys also represent clients before administrative agencies such as the EEOC, OSHA, DOL, and IRS. When necessary, we litigate employment matters including employment discrimination, wrongful discharge, employee benefits, occupational safety and health, wage and hour law, drug and alcohol testing, employment-related immigration issues, and non-competition/confidentiality claims.

Our labor lawyers are particularly experienced in assisting our food and beverage clients with union-management relations including unfair labor practice complaints under the National Labor Relations Act, collective bargaining, contract administration, grievance and arbitration proceedings, unlawful secondary picketing, unfair labor practices, Section 303 federal lawsuits, and state court injunctive relief.

INTELLECTUAL PROPERTY
Intellectual property is a key asset of any business in the food, beverage and nutrition industry. Arnstein’s intellectual property attorneys are experienced in representing food, beverage and nutrition clients throughout the full spectrum of intellectual property rights, including:

  • Patents
  • Copyrights
  • Trademarks
  • Trade Dress and Product Configurations
  • Domain Names
  • Trade Secrets
  • Trade Libel
  • Unfair Competition and related issues

We prepare and file patent, trademark and copyright applications and represent parties in patent, trademark and copyright infringement litigation. We also counsel clients concerning licensing agreements and litigate for those clients when licensing agreements are violated.

BANKRUPTCY AND CREDITORS’ RIGHTS GROUP
Our attorneys provide a broad range of services to financially troubled businesses in the food, beverage and nutrition industry. We represent debtors in a variety of contexts, including business strategy and negotiation and, if necessary, bankruptcy filings and litigation. This includes representing debtors in Chapter 7 and Chapter 11 proceedings and other types of insolvency proceedings. We recently represented the assignee for the benefit of creditors in the shutdown of a food packaging company.

We have extensive experience representing secured and unsecured lenders and other creditors in bankruptcy court proceedings, as well as in pre-petition negotiations. We provide counseling to equity security holders and bondholders and represent creditors’ committees and handle assignments for the benefit of creditors. Our attorneys are expert at creating plans of reorganization and providing counsel regarding commercial restructurings.

We represent acquirors and acquirees in purchases, sales, and liquidations of troubled businesses, both within and outside of bankruptcy court proceedings. Our attorneys are adept at handling out-of-court restructuring agreements and plans of reorganization. They counsel directors and officers of insolvent corporations concerning fiduciary duty and related issues.

Our attorneys are involved in bankruptcy proceedings in both Illinois and Florida, as well as in courts in other regions of the country. Prior to the commencement of court proceedings, we counsel distressed food and beverage businesses on the various alternatives at their disposal in order to maximize the benefits to which they are entitled under applicable law.

We also provide the following services:

  • Advising lenders with respect to workouts and restructurings outside of bankruptcy
  • Handling debtor-in-possession financing arrangements
  • Counseling regarding commercial restructurings
  • Handling preference and fraudulent conveyance matters

Food, Beverage & Nutrition Law Blog
We are at the forefront of legal and regulatory issues that arise within the industries we serve. The Arnstein & Lehr Food, Beverage and Nutrition Law Blog is published by attorneys who represent clients in the food, beverage, homeopathic and dietary supplement industries. Keep up to date on the latest legal and regulatory developments by visiting our blog at www.nutrisuplaw.com.