dcsimg Food and Beverage

Food and Beverage

McGuireWoods’ food and beverage industry team provides comprehensive services domestically and internationally. Our lawyers counsel companies that produce, distribute or sell food and beverages, as well as the businesses that deal with them worldwide. We represent manufacturers, wholesalers, retailers, distributors, processors, brewers, vintners, bottlers, packers, farmers, storage holders, and brokers. We handle a full spectrum of matters for our clients, including:

  • obtaining land on which to build facilities
  • recalling products and litigating food safety cases
  • investigating employee complaints and labor relations as well as OSHA concerns
  • negotiating complex commercial agreements along the supply chain
  • advising on antitrust concerns
  • advising on air and water rights, permitting and state and federal environmental concerns
  • assisting with large technology and business processing outsourcing transactions, and
  • providing general securities advice on numerous exchanges

Food and Beverage Team Overview

Our practice is functionally organized and draws resources from a variety of backgrounds so as to best support our clients in their specific industries. We have focused groups dedicated to representing the particular needs of companies in the retail, manufacturing, wholesale/distribution, and alcoholic and non-alcoholic beverage sectors. Team members include former general and deputy general counsel at large domestic and international food enterprises, deputy attorneys from the United States Attorney’s office, and legal counsel at major financial institutions.

We have advised clients on issues involving compliance with rules set by various agencies such as the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA) and the Environmental Protection Agency (EPA). We have also represented businesses and individuals in all types of FDA Office of Criminal Investigation (OCI), USDA and Drug Enforcement Agency (DEA) litigation.

Our multi-departmental and cross-functional team regularly represents corporations in the areas of corporate regulatory compliance, commercial and supply chain negotiations, disputes, and litigation with a specific focus on food safety issues and corporate transactions. These include securities, financing, franchising, intellectual property, mergers and acquisitions, joint ventures, business reorganizations, bankruptcy and creditors’ rights, immigration, labor and employment, employee benefits, supply chain, real estate, environmental, antitrust, sponsorships and technology and outsourcing. We also work closely with our wholly-owned subsidiary, McGuireWoods Consulting, who assist food and beverage clients with site selection; economic development incentives (including tax credits and grants); state and federal government relations; and building grassroots support for public policy objectives.

CONTACTS

Angela M. Spivey Partner T: +1 404 443 5720
James F. Neale Partner T: +1 434 977 2582
Results 1-20 of 112
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

National speciality retailer

Representation of a national speciality retailer in a series of consumer fraud actions filed against it in connection with their marketing and sale of dietary supplements containing glucosamine and chondroitin sulfate. The judicial panel on multidistrict litigation ultimately transferred these cases for consolidated proceedings. The plaintiffs then filed a consolidated amended complaint, which we moved to dismiss. The judge entered an order dismissing the claims because plaintiffs did not show that all reasonable experts agree that studies on patients with osteoarthritis are a proxy for measuring the effectiveness of glucosamine and chondroitin in non-arthritic users.
Representative Matter

Borrowers and guarantor

Representation of the borrowers and guarantor in connection with a $40 million secured revolving credit facility to finance the trade and distribution of food products.
Representative Matter

National specialty retailer

Representation of national specialty retailer in a trademark dilution suit.
Representative Matter

North American food services company

Representation of a North American food services company in connection with its purchase of assets from vending and food service company and simultaneous sale of a portion thereof to vending services company. Simultaneously therewith, the client also entered into a put/call agreement with the vending services company for the purchase and sale of additional geographic business divisions. Size of Deal: Approximately $8,000,000
Representative Matter

International grocery stores

Secured a win in the U.S. Court of Appeals for the 4th Circuit. The team represents the receiver in a federal court receivership action concerning a number of international grocery stores in the mid-Atlantic region. Dismissal of the appeal was a significant victory for the client because it allowed the sale proceeds to remain in the receivership estate and prevented litigation involving the buyer and other third parties that would likely have resulted if the sale of the store was reversed on appeal.
Representative Matter

A national speciality retailer

Representation of a national speciality retailer in the defense against model's claim of unauthorized use of his image. Plaintiff seeks more than $150 million in damages in California state court.
Representative Matter

A national specialty retailer

Representation of a national specialty retailer in several consumer class actions. Granted a motion to consolidate the matters before the Judicial Panel on Multidistrict Litigation.
Representative Matter

Restaurant

Successfully represented prominent restaurant with multiple locations in New York City in a FLSA/New York state wage and hour matter.
Representative Matter

National speciality retailer

Representation of a national specialty retailer in the management of a trademark infringement matter, including successful request for temporary restraining order and preliminary injunction.
Representative Matter

Subsidiary of the world's largest pork producer and processor

Representation of a subsidiary of the world's largest pork producer and processor, and its former employee, in a multimillion-dollar trial in North Carolina. The jury trial arose from an accident in which an 18-wheeler ran over a bicyclist in a, leaving him paraplegic with severe, permanent injuries. The trial court submitted issues to the jury of negligence, contributory negligence, last clear chance, loss of consortium and damages. After short deliberation, the jury returned a verdict of no negligence, finding no liability on the part of the firm’s clients.
Representative Matter

Leading distributor and importer of wines

Representation of the equity sponsor private equity firm and its portfolio company, a leading distributor and importer of wines, in an add-on acquisition of a Florida-based wine importer and distributor for an undisclosed amount. The firm also handled the financing aspects of the acquisition, including amendments to the company's senior and mezzanine credit facilities.
Representative Matter

Equity sponsor private equity firm and its portfolio company

Represented the equity sponsor private equity firm and its portfolio company, a leading distributor and importer of wines, in an add-on acquisition of a Florida based wine importer and distributor for an undisclosed amount. The firm also handled the financing aspects of the acquisition, including amendments to the company's senior and mezzanine credit facilities.
Representative Matter

Leading pork producer and processor

Represented a leading pork producer and processor in negotiating design-build contracts for expansions of a warehouse facilities and two production facilities.
Representative Matter

Private equity firm

Represented a private equity firm in its acquisition of a 32-unit wing franchisor restaurant chain for an undisclosed amount. The chain operates 11 company-owned and franchises 21 other stores in Florida, Georgia, North Carolina, South Carolina, Tennessee, Texas and Virginia.
Representative Matter

Private equity firm

Represented a private equity firm with AUM of $200 million and a focus on mezzanine investments in the formation of an SBIC fund.
Representative Matter

World’s largest pork producer and processor

Representation of a large global food company in multiple environmental cases. McGuireWoods is performing all discovery counsel services from collecting the documents to reviewing and producing the documents in all the related litigation matters.
Representative Matter

Leading food distributor

Representation of leading food distributor in breach of non-solicitation agreements matter.
Case Study

Labor and employment team bars plaintiff from recovering on judicial estoppel grounds

A team of McGuireWoods attorneys successfully barred a plaintiff from recovering in a disability discrimination case against our client, a leading independent national distributor of natural, organic and specialty foods. The plaintiff, a forklift operator, alleged disability discrimination after he claimed that asthma prevented him from working in freezers or coolers and was subsequently terminated. Although the EEOC (Equal Employment Opportunity Commission) found probable cause that he had been the victim of discrimination, prompting an investigation of the accommodation policies in place at our client’s facility, the plaintiff did not fare as well in federal court after McGuireWoods discovered that he had filed for bankruptcy without disclosing his pending charge and claims to the Bankruptcy Court. Our client filed a motion to dismiss and asked the Court to find plaintiff judicially estopped from any recovery. In an attempt at salvaging his claims, plaintiff reopened the bankruptcy proceedings. The Judge found this attempt unavailing and ruled that the failure to timely disclose the claim precluded the plaintiff from any recovery.

Representative Matter

Leading independent national distributor of natural, organic and specialty foods

Defense of a leading independent national distributor of natural, organic and specialty foods in successfully barring a plaintiff from recovering in a disability discrimination case.
Representative Matter

World's largest pork producer and processor

Defense of the world's largest pork producer and processor in a claim for private temporary nuisance arising from large swine confined animal feeding operation, alleging numerous personal and emotional injuries, as well as damage to property, livestock and water quality. Defense verdict.
Results 1-20 of 112
Results 1-25 of 128
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Theodore F Adams III Theodore F. Adams III
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1952
F: +1 804 775 1061
vCard
Gordon R Alphonso Gordon R. Alphonso
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5716
F: +1 404 443 5783
vCard
Donald D Anderson Donald D. Anderson
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3230
F: +1 904 798 3273
vCard
James M Anderson III James M. Anderson III
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 804 775 1044
F: +1 804 698 2155
vCard

T:+1 412 667 7918
F: +1 804 698 2155

A. Carter Arey A. Carter Arey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2241
F: +1 704 444 8818
vCard
Bradley S Austin Bradley S. Austin
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8992
F: +1 704 373 8840
vCard
Terrence M Bagley Terrence M. Bagley
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4371
F: +1 804 698 2008
vCard
Mary Dalton Baril Mary Dalton Baril
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1169
F: +1 804 698 2009
vCard
John C Beane John C. Beane
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5714
F: +1 404 443 5794
vCard
Sabrina A Beldner Sabrina A. Beldner
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3419
F: +1 310 956 3119
vCard
Mark T Bowles Mark T. Bowles
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1904
F: +1 804 698 2267
vCard
Bryan C Brantley Bryan C. Brantley
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7983
F: +1 412 667 7971
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Jeff Britt Jeffrey M. Britt
VP, Grassroots Issue Management McGuireWoods Consulting LLC
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1936
F: +1 804 225 5407
vCard
Edwin E Brooks Edwin E. Brooks
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3060
F: +1 312 920 3681
vCard
Christian Brose Christian Brose
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2315
F: +1 704 444 8871
vCard
Robert L Burrus Jr. Robert L. Burrus Jr.
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4306
F: +1 804 698 2023
vCard
Stephen D Busch Stephen D. Busch
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4378
F: +1 804 698 2024
vCard
Kimberly Q Cacheris Kimberly Q. Cacheris
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8954
F: +1 704 373 8825
vCard
Boyd C Campbell Jr Boyd C. Campbell Jr
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2030
F: +1 704 444 8715
vCard
Douglas W Charnas Douglas W. Charnas
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1757
F: +1 202 828 2980
vCard
Meghan M Cloud Meghan M. Cloud
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2534
F: +1 434 980 2254
vCard
Rick Conner Rick Conner
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2137
F: +1 704 444 8790
vCard
Laura E Coombe Laura E. Coombe
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8274
F: +1 310 315 8210
vCard
Simon J Cox Simon J. Cox
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1721
F: +44 20 7632 1638
vCard
Results 1-11 of 11
Event

Food Safety Challenges in an Era of Change

How to Better Protect Your Food and Beverage Company, Your Customers and Yourself

Thursday, October 9, 2014
Chicago, IL
Speaking Engagement

Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations

Tuesday, April 8, 2014
Chicago, IL
Speaking Engagement

7th National Forum on Food Borne Illness Litigation

January 29, 2014
San Francisco, CA
Speaking Engagement

Food Regulatory Compliance Summit

October 3-4, 2013
Chicago, IL
Speaking Engagement

Food Labeling Class Actions: The Latest Damages Boon?

Navigating the Challenges of Class Certification, Preemption and Standing

October 1, 2013
Strafford CLE Webinar
Event

Food Fight!

The Legal and Regulatory Battle Over Food Labeling and How Those in the Food Industry Can Protect Themselves

April 11, 2013
Complimentary Webinar
Speaking Engagement

Food Safety & Technology: What’s next for 2013

March 14, 2013
Complimentary Webcast
Event

Anatomy of a Recall

Five Steps Toward Food Safety Preparedness

October 11, 2007
Results 1-11 of 11
Results 1-20 of 50
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Legal Alert

POM Wonderful LLC. v. Coca-Cola Co.

Sound Preclusion Jurisprudence or Pandora’s Juice Box?

June 17, 2014
Article

Environmental and Safety Regulations

What You Need to Know about Ammonia Use in Food and Beverage Manufacturing

Food Manufacturing
May/June 2014
Legal Alert

Are You Covered for Food Product Recalls?

April 2, 2014
Legal Alert

2014 Food Industry Outlook

January 8, 2014
Legal Alert

“Heart Healthy” Redefined

The American Heart Association Tightens Requirements for Use of “Heart-Check Mark” in Food Labeling and Advertising

November 4, 2013
Results 1-20 of 50