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

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 94
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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

Restaurant

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

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.
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

Independent food service distributor

Represented an independently-owned broad-line food service distributor in the $225 million sale of the company to another major food distribution company.
Representative Matter

North American packaged foods company

Representation of a North American packaged foods company in a four-day trial in Delaware state court. The case sought insurance coverage for the indemnity payments and defense costs client incurred as a result of a recall.
Representative Matter

Leading distributor and importer of wines

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.
Representative Matter

North American food services company

Representation of a North American food services company in the carve-out sale of a division (enterprise value of approximately $130 million) that provides food and commissary services to correctional facilities to a private investment firm.
Representative Matter

North American packaged foods company

Representation of a North American packaged foods company at trial in matter related to an explosion at one of the company’s plants that resulted in the death of four people and injury to many others. McGuireWoods was defending the allegations of employer negligence brought against it by two defendants. This five-week trial in Johnston County (NC) Superior Court, which involved the personal injury claims of seven plaintiffs, was the first trial of the eight lawsuits brought as a result of the accident.  
Case Study

Win for PFG in California meal-break action receives media coverage

Los Angeles labor and employment attorneys Matthew Kane, Michael Mandel, Sabrina Beldner and Sylvia Kim have won the dismissal of a California meal-break violations class action brought against the Vistar and Roma Food divisions of client Performance Food Group (PFG). On Feb. 8, 2012, the U.S. District Court for the Central District of California granted PFG’s motion to dismiss the plaintiffs’ second amended complaint on the grounds that California’s meal-break laws and all of the plaintiff’s claims based on alleged violations of those laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA), which expressly preempts state laws that have a significant impact on the routes, services or prices of federally-regulated motor carriers.

Representative Matter

Private equity fund

Represented a private equity firm in the sale of one of the largest operators and franchisors of chicken quick service restaurants in the United States to another private equity firm for an undisclosed amount.
Representative Matter

National specialty retailer

Representation of a national retail distributor of health and wellness products, in a defeat of class certification in an action brought by the plaintiff, alleging claims for breach of warranty, fraud, violations of the California Consumers Legal Remedies Act and violations of California’s Unfair Competition Law.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in putative class alleging consumer fraud claims related to sale of dietary supplements.
Representative Matter

Leading international seafood company

Assisted a leading international seafood company based in Iceland in its auction process and sale of its U.S. operations, related procurement and manufacturing business to a Canadian seafood company for approximately $230 million.
Case Study

Los Angeles and Pittsburgh teams secure win for GNC

In a case profiled in National Law Journal, McGuireWoods defeated a motion for class certification in an action brought against General Nutrition Corporation (GNC) in the U.S. District Court for the Central District of California alleging violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act).

The Song-Beverly Credit Card Act (the "Act") was intended to stop businesses from gathering and storing unnecessary personal information from their consumers. The California Legislature passed the Act to address two important privacy concerns. First, corporations were needlessly storing consumer information and using it for their own marketing purposes or selling the information to other marketers. Second, store clerks who obtained customers' personal information engaged in acts of harassment and violence.

Representative Matter

One of the largest wine distribution companies in the United States

Representation of one of the largest wine distribution companies in the United States in its sale to a private equity firm for $95 million.
Results 1-20 of 94
Results 1-25 of 130
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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
Jason P Alter Jason P. Alter
Associate
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7940
F: +1 412 667 7962
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
Heather Carlton Heather L. Carlton
Associate
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2562
F: +1 434 980 2251
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
Results 1-10 of 10
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 1-10 of 10
Results 1-20 of 42
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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
Legal Alert

Bottoms Up!

TTB Expands Permissible Nutrient Labeling on Alcoholic Beverages

October 3, 2013
Legal Alert

FDA Attempts To Secure The Border

Proposed FSMA Rules Aim To Even Playing Field Between Domestic And Foreign Food Suppliers

August 6, 2013
Legal Alert

The War Over FSMA

After FDA Ignored Congressional Deadlines, Will Court Order Spur Action?

July 8, 2013
Legal Alert

Is Watered Down Beer Actionable?

Anheuser-Busch Class Action Lawsuits Argue Brewer Used Sophisticated Manufacturing Process to Dilute Beer and Strengthen Profits

April 12, 2013
Article

Surviving Economic Headwinds

Journal of Corporate Renewal
April 2013
Article

FDA’s Strategic Shift from Reaction to Prevention

Food Safety Magazine
March 5, 2013
Results 1-20 of 42