For more than 40 years, McAfee & Taft has developed extensive experience in representing clients involved in all aspects of the food and beverage business, including:
- Product research and development
- Manufacturing and processing
- Shipping, warehousing and distribution
- Licensing and franchising
- Wholesale and retail sales
- Branding and labeling
- Marketing, advertising and sponsorships
- Co-packing and private labeling
- Promotional allowances
- FTC and Justice Department compliance/competition matters
- Antitrust and trade regulation
- Price discrimination
- Tying
- Exclusive dealing arrangements
Our multidisciplinary team includes many lawyers who have spent a significant amount of their professional careers representing food and beverage industry clients. Our extensive list of clients has ranged from leading national companies to medium-sized and smaller food manufacturers, wholesale food distributors, breweries and distilleries, retail restaurants and hospitality groups, warehouse clubs, convenience stores and grocers. We also represent farmers and companies engaged in agribusiness.
Comprehensive Legal and Business Services
Corporate, Business and Growth Strategies
McAfee & Taft lawyers have an in-depth understanding of food industry issues and take great pride in helping clients achieve their profitability, operational and growth objectives. Our lawyers have been involved in all types of business transactions and combinations, mergers, acquisitions, divestitures and sales of food industry businesses, as well as the acquisition, sales, development, and leasing of real estate. Whether the assignment involves evaluating due diligence information, drafting and negotiating merger and acquisition agreements, dealing with securities law compliance issues, or any of a myriad of other contract issues, our team will add value to your food industry needs. Our extensive experience includes dealing with government regulation of the food industry, including securities laws, price discrimination, trade regulation, and antitrust and competition matters.
We also have expertise in handling a wide variety of general contract matters, including supply and distribution agreements, franchising, licensing and marketing agreements, transportation agreements, corporate finance and lending transactions for borrowers and lenders, and employment and benefit agreements and programs.
Branding, Labeling and Advertising Issues
Our intellectual property attorneys have the experience and resources to successfully and efficiently handle all types of branding, labeling, advertising and related litigation matters. We clear and register trademarks throughout the world, draft and negotiate trademark-related agreements (e.g., license and co-existence agreements), and counsel our clients with respect to labeling requirements, comparative advertising and other issues related to marketing claims, as well as brand enforcement strategies. We also routinely procure and enforce patent rights, counsel clients on how to protect confidential and proprietary information such as trade secrets, and assist with e-commerce and Internet-related issues.
Environmental, Health & Safety Issues
Of increasing importance in the food and beverage industry is the complex field of environmental law. Our attorneys provide advice regarding permitting, compliance, transactional due diligence and litigation services regarding all facets of environmental law, particularly as it pertains to the highly regulated areas of clean air, clean water and waste disposal. Because of the nature of the industry, we are frequently called upon to assist clients in all areas of air permitting, including refrigerated systems, and ozone-depleting substances regulation.
Litigation and Dispute Resolution
On the litigation side, we are able to negotiate and resolve disputes between suppliers, resellers, brokers, dealers, distributors, manufacturers, franchisors and franchisees and others through litigation and alternative dispute resolution vehicles such as mediation and arbitration throughout the country. This includes enforcement of creditors’ rights through reorganization, bankruptcy and other remedies.
Employment, Labor, and Employee Benefits
Workplace issues play a crucial role in the life of every business, and our labor and employment attorneys are well versed in the challenges common within the food and beverage industry. These include state wage and hour requirements, Fair Labor Standards Act compliance and the proper classification of workers, workplace safety issues, workers’ compensation claims, discrimination and harassment complaints, immigration and Form I-9 compliance, supervisor and management training, drug and alcohol testing, compliance with Section 7 of the National Labor Relations Act, and contractor agreements. When necessary, we also counsel non-unionized clients on union avoidance techniques and represent clients with unionized workforces in all areas of traditional labor law.
Our employee benefits attorneys assist industry clients of all sizes on group health and welfare plans, qualified retirement plans (including 401(k) plans and ESOPs), nonqualified group retirement plans, and executive compensation, including equity compensation programs (such as stock option plans, phantom stock plans, and restricted stock award plans), long-term incentive awards, and supplemental retirement plans. We also counsel clients on legal compliance, regulatory audits and investigations, and funding and taxation issues; litigate ERISA claims; and handle the employee benefits and compensation aspects of transactions for which the firm provides corporate and securities services.
Of course, food and beverage businesses have many of the same needs as other clients, and so we won’t hesitate, when needed, to draw upon the talents of McAfee & Taft lawyers whose practices are focused in other areas, such as tax, construction, aircraft financing and registration, or any other field of law helpful to our business clients generally.
To learn more about McAfee & Taft’s Food and Beverage Industry Group, please contact:
Chris Coleman
(405) 552-2234
chris.coleman@mcafeetaft.com
