Food and Beverage

McGuireWoods’ food and beverage industry team provides comprehensive services domestically and internationally. Chambers, the international rating service for attorneys, ranks McGuireWoods’ food and beverage team as one of the top Food & Beverages: Regulatory & Litigation practices in the United States. 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.

Food and Beverage

CONTACTS

Angela M. Spivey Partner T: +1 404 443 5720
James F. Neale Partner T: +1 434 977 2582
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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

Acquisition of Latin American and Caribbean Food Product Distributor

Representation of a wholesale distributor of food and non-food items to grocery stores in its acquisition of a wholesale Latin American and Caribbean food product distributor.
Representative Matter

$100+ Million F&B Outsourcing Transaction

Representation of a food and beverage company in connection with a $100+ million information technology (end user and data center) outsourcing transaction.
Representative Matter

Netherlands-based Ingredients Manufacturer Sale to Commodities Trade Facilitator

Representation of a Netherlands-based ingredients arm of an international trading and shipping group in its $19 million sale of the stock of its U.S. operations to a commodities trade facilitator.
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.
Representative Matter

Acquisition of a Contract Management Firm

Representation of a leading foodservice and support services company in its acquisition of a major independent contract management firm.
Representative Matter

Highlander Partners Support Fuerst Day Lawson Holdings Ltd. Expansion

Representation of Highlander Partners, LP, a leading middle market private investment firm, it its acquisition of Fuerst Day Lawson Holdings, a UK-based food and beverage manufacturer and supplier.
Representative Matter

Internal Immigration Reviews and Trainings

Conducted nationwide internal I-9 and E-Verify review for a major food processor and provided a series of trainings on I-9 and E-Verify compliance to HR personnel; and continuing legal education seminar on immigration law to internal legal staff.
Representative Matter

Importer and distributor of wines, spirits and sakes

Representation of an importer and distributor of wines, spirits and sakes, in its acquisition of a fine wine wholesale distributor.
Representative Matter

Criminal Immigration Investigation

Representation of a national food distributor in a criminal immigration investigation involving allegations of knowingly hiring employees not authorized to work in the United States.
Representative Matter

“Private Equity Deal of the Year”, M&A Advisor Awards, 2016

Representation of Morehead Capital, a private equity firm, in its sale of Chop’t Creative Salad, the creator and leader of the premium salad segment, to L Catterton.
Representative Matter

Raymond James and Associates

Counsel to Raymond James and Associates as financial advisor to Frisch’s Restaurants, Inc. in its $175 million sale to an affiliate of NRD Partners.
Representative Matter

Merger Creates Third-Largest F&B Company in North America

Representation of H.J. Heinz Co. as Virginia counsel in its acquisition of Kraft Foods Group Inc., a blockbuster deal that created the third-largest food and beverage company in North America and the fifth-largest in the world.
Representative Matter

“Global M&A Deal of the Year”, American Lawyer’s Global Legal Awards, 2014

Representation of Smithfield Foods, Inc., the world’s largest producer of pork products, in its $4.7 billion sale to Shuanghui International Holdings Ltd., a China-based meat processing company.
Representative Matter

World's largest pork producer and processor

Representation of the world's largest pork producer and processor in a trademark dispute with a Puerto Rican distributor over rights to its well-known brand for chicken franks. After we filed successful motions and defeated adversary’s motion regarding venue, the case resulted in a strong settlement for our client and acknowledgement of its ownership of the mark in question.
Representative Matter

Energy company

Drafted the government contractors hand book for providing foods and services to the government.
Representative Matter

Regional agricultural supply cooperative

Successfully represented a regional agricultural supply cooperative in the defense of allegations that its directors committed ultra vires and oppressive acts against the plaintiff.
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

World's largest pork producer and processor

Negotiated the teaming agreement and subcontract to sell fresh pork products to the U.S. Defense Commissary Agency. Provided legal guidance for and litigation and creation of new exceptions to the FAR delinquency requirements.
Representative Matter

Combination Creates Largest Supermarket Chain in the U.S.

Representation of Harris Teeter Supermarkets, Inc. in connection with its $2.5 billion merger with The Kroger Company.
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.
Results 1-20 of 103
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Ben Abel Benjamin P. Abel
Associate
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 980 2233
F: +1 434 980 2262
vCard
Theodore F Adams III Theodore F. Adams III
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1952
F: +1 804 775 1061
vCard
Drew Amoroso Drew Amoroso
Counsel
Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 415 490 0876
F: +1 415 844 1937
vCard
James M Anderson III James M. Anderson III
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1044
F: +1 804 698 2155
vCard
A. Carter Arey A. Carter Arey
Senior Counsel
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
Partner
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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4371
F: +1 804 698 2008
vCard
Brian D Barger Brian D. Barger
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2072
F: +1 704 343 2300
vCard
Mary Dalton Baril Mary Dalton Baril
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1169
F: +1 804 698 2009
vCard
Sabrina A Beldner Sabrina A. Beldner
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 310 956 3419
F: +1 310 956 3119
vCard

T:+1 415 844 1947
F: +1 415 844 1925

Brennan Bolt Brennan W. Bolt
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5725
F: +1 404 443 5768
vCard
Seth Borden Seth H. Borden
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2180
F: +1 212 715 2308
vCard
Mark T Bowles Mark T. Bowles
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Jeff Britt Jeffrey M. Britt
Sr. VP, MWCAdvocacy, McGuireWoods Consulting LLC
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Photo of Jeff Browning Jeffrey K. Browning
Partner
Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821

T: +1 415 844 1957
F: +1 415 844 1933
vCard
Robert L Burrus Jr. Robert L. Burrus Jr.
Chairman Emeritus
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4306
F: +1 804 698 2023
vCard
Stephen D Busch Stephen D. Busch
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4378
F: +1 804 698 2024
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
Charles Case Charles D. Case
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6698
F: +1 919 775 6675
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 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
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Event

2017 Food and Beverage Industry Outlook

Parts 1 & 2

February 24 & 27, 2017
Speaking Engagement

Food Law and Regulation Boot Camp

November 16, 2016
Chicago, IL
Event

Food and Beverage M&A and Private Equity Update

October 26, 2016
Dallas, TX
Event

Food and Beverage M&A and Private Equity Update

October 20, 2016
Los Angeles, CA
Speaking Engagement

Do Criminal Prosecutions Make Food Safer? The Problem With Regulating Food Safety Through Criminalization

October 12, 2016
Washington Legal Foundation Web Seminar Series
Event

Food Safety Challenges in an Era of Change

September 21, 2016
New York, NY
Speaking Engagement

FDA News Webinar

August 17, 2016
Webinar
Speaking Engagement

Food and Drug Law Institute webinar

June 28, 2016
FDLI Webinar
Event

Food and Beverage M&A and Private Equity Update

May 10, 2016
Atlanta, GA
Event

Food Safety Crisis & Risk Management

March 3, 2016
Complimentary Webinar
Event

RBIC Program: State of the Industry and Market Update

October 15, 2015
Complimentary Webinar
Event

Food and Beverage M&A and Private Equity Update

October 6, 2015
Dallas, TX
Event

Deal Buzz Series

June 26, 2014
Charlotte, NC
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?

October 1, 2013
Strafford CLE Webinar
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Results 1-20 of 110
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Publication

Food Safety Law

Law Journal Press
2017
Legal Alert

Maximizing the Value of Your R&W Insurance Policy

McGuireWoods Insurance Recovery Blog
May 18, 2017
Legal Alert

The WannaCry Cyberattack: Steps Businesses Must Take Now

Password Protected
May 15, 2017
Article

Hot Topics Facing the Food and Beverage Industry

A smorgasbord of questions is laid out and waiting

Metropolitan Corporate Counsel
April 2017
Legal Alert

Brexit - UK Files for Divorce From European Union

What Should Companies Do Now to Prepare?

March 29, 2017
Publication

Food Safety Law

Law Journal Press
2016
Results 1-20 of 110