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.

CONTACTS

J. Kate Harris Hatcher Partner T: +1 704 343 2239 Email
Angela M. Spivey Partner T: +1 404 443 5720 Email
James F. Neale Partner T: +1 434 977 2582 Email
Results 1-20 of 100
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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

Smithfield Foods, Inc.

Represented Smithfield Foods, Inc. (NYSE: SFD) in connection with the $4.7 billion acquisition by Shuanghui International Holdings Ltd.
Representative Matter

Harris Teeter Supermarkets, Inc.

Representation of Harris Teeter Supermarkets, Inc. in connection with its $2.5 billion merger with The Kroger Company.
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

Private equity deal for U.S. private equity fund

Acted on a private equity deal for U.S. private equity fund, Highlander Partners, a Dallas-based middle market private investment firm, in the acquisition of a UK food and trading/ manufacturing company. Highlander Partners acquired London-based Fuerst Day Lawson Holdings Limited (FDL), which operates three facilities in the United Kingdom with smaller operations in China, India and the United States
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

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

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

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

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

Successful resolution of highly publicized food recalls

Nationwide defense of a North American packaged food company against highly publicized food recalls involving more than 600 cases in 30 plus states filed between 2007 and 2009. After consolidating nearly 20,000 individual claims into an MDL, we prevailed on plaintiffs' motion to certify both a personal injury and an economic injury class. Next, we oversaw two trials that resulted in defense verdicts (one of which we tried), obtained summary judgment in hundreds of other claims, won dismissals of an additional several hundred claims and prevailed on every appeal to the 11th Circuit. Building upon this these successes, our client was able to resolve the remainder of claims on satisfactory terms.
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 with AUM of $200 million and a focus on mezzanine investments in the formation of an SBIC fund.
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

Real estate franchisor

Represented franchisor in dispute involving claims for breach of contract and infringement.
Results 1-20 of 100
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Ben Abel Benjamin P. Abel
Associate
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288
Email
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
Email
T: +1 804 775 1952
F: +1 804 775 1061
vCard
Donald D Anderson Donald D. Anderson
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661
Email
T: +1 904 798 3230
F: +1 904 798 3273
vCard
James M Anderson III James M. Anderson III
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
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
Email
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
Email
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
Email
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
Email
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
Email
T: +1 804 775 1169
F: +1 804 698 2009
vCard
Sabrina A Beldner Sabrina A. Beldner
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501
Email
T: +1 310 956 3419
F: +1 310 956 3119
vCard
Brennan W. Bolt
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534
Email
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
Email
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
Email
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
Email
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
Email
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
Email
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
Email
T: +1 704 343 2315
F: +1 704 444 8871
vCard
Robert L Burrus Jr. Robert L. Burrus Jr.
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
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
Email
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
Email
T: +1 704 343 2030
F: +1 704 444 8715
vCard
Charles D. Case
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601
Email
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
Email
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
Email
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
Email
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
Email
T: +1 310 315 8274
F: +1 310 315 8210
vCard
Results 1-19 of 19
Event

Food Safety Challenges in an Era of Change

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

Wednesday, September 21, 2016
New York, NY
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

Franchise Financing: What financing aspects are unique to restaurant and other franchising deals?

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?

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
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Legal Alert

To BREXIT or Not to BREXIT? That is the Question.

But What are the Consequences?

June 21, 2016
Legal Alert

FDA Revisits Nutty Definition of “Healthy” Food

FDA Life
May 13, 2016
Article

FDA Flexes Its Muscles in Food Fights

Strategic risk and crisis management take center stage as criminalization of enforcement threatens companies and their executives

Metropolitan Corporate Counsel
March 30, 2016
Legal Alert

Addressing Adulterated Food Risk

January 19, 2016
Results 1-20 of 91