Food and Beverage

We have been representing clients in the food and beverage industry for more than 50 years. Our clients run the gamut from consumer goods product manufacturers, wine and beverage  producers, distributors, farmers, and trade associations.. Our attorneys understand the industry and are able to provide practical advice to clients in a wide range of regulatory matters and every-day business issues and disputes.

Areas of Expertise

Corporate/Transactional

We are experienced in the areas of choice of entity and business formation issues, mergers, acquisitions and dispositions, securities offerings, compliance and reporting, financing of all kinds, venture capital transactions, corporate and entity governance, international and cross border transactions, tax, and day-to-day legal representation for individuals and entities of all sizes. We also advise clients with regard to franchising and distributorship, shareholder disputes, corporate successorship, intra-family planning issues, antitrust, and anti-competitive practices.

Real Estate/Facilities Development

We are experienced in assisting our clients in developing their physical as their business grows.     The range of services include warehouse leasing, capital  improvement  projects  to  existing facilities, and new facilities development. A recent credit includes the construction of a new 200,000 square foot processing facility using state of the art integrated design build construction methodologies for building construction as well as line installation and automated system controls. For this transaction we performed all necessary land use, real estate, construction and procurement services.

Commercial Transactions

We offer years of experience in negotiating commercial transactions key to the success of every branded food company. We negotiate trademark licensing  and  distribution  agreements  all  over the world. We negotiate manufacturing and co-packing agreements worldwide as well, allowing    our food company clients to arrange for safe and profitable manufacturing of their products wherever needed. We are experienced in preparing contract terms for international commercial transactions and in resolving disputes that arise from time to time. We are adept at the negotiation of major capital equipment acquisitions, as well as long term supply agreements. We are also experienced in negotiating the full range of agreements needed to establish effective marketing plans, such as agreements with advertising agencies, media services agreements and the like.

Food Labeling and Advertising

Our attorneys review and counsel clients on food and dietary-supplement packaging and labels as well as related print, online, and television advertising campaigns (including under FDA, FTC, and other regulations).

Brand Management and Protection

We offer our clients a full range of intellectual property services and protect their interests in matters involving trademarks, patents, copyrights and trade secrets. We guide clients through the trademark process, from selection and clearance of a mark (including review under FDA and other regulations that govern the food and beverage industry) to registration, maintenance and enforcement of trademarks (including reviewing the unique issues that impact the use and registration of marks in the food and beverage industry). Our patent litigators aggressively enforce  our clients’ patent rights and effectively defend them against patent claims in federal courts throughout the country. We also counsel clients in developing patent strategies and in understanding their patent rights and the patent rights of their competitors. Additionally, our attorneys review, counsel on, draft, and negotiate all types of transactions involving technology     and intellectual property. Our technology transactions range from patent and other licensing deals to joint ventures, procurements and technology transfers. We also have abundant experience in computer software licensing and publishing contracts. And, we are skilled in managing intellectual property as an asset in business structuring, mergers, acquisitions and other transactions.

Litigation and Dispute Resolution

The firm’s litigation practice spans many substantive areas and includes experience at all levels of research, investigation, discovery, project management, alternative dispute resolution, trial, and appeal. Our litigators address disputes involving contracts, business formation, complex litigation, class actions, consumer litigation, commercial  collections,  franchises,  antitrust,  unfair competition, business torts, trade secrets, and a variety of administrative proceedings. The firm also has experience representing companies against food labeling claims  brought  by  private parties in false advertising class action litigation.

Labor and Employment

By focusing on employment issues as they develop, we are able to help clients avoid problems altogether or, at a minimum, enhance the defensibility of cases. We draft and review personnel policies, employment contracts, applications and other employment forms. We frequently advise clients about employee discipline and termination. We regularly work with employers on wage and hour issues. We have developed notable expertise in helping employers navigate the leave requirements of the Family Medical Leave Act, the California Family Rights Act, the Americans with Disabilities Act and workers’ compensation laws. We defend employers in litigation relating to all of these areas, in state and federal court as well as in  proceedings  before  administrative  agencies such as the Department of Labor, the Equal Employment Opportunity Commission, and the state Labor Commissioner. We have special expertise in and vast experience working with food industry employers with unionized workforces on labor relations issues, including during negotiations, in connection with NLRB proceedings, and in labor arbitrations.

Employee Benefits

Employee benefits and compensation issues can be complicated and costly for employers. Our Employee Benefits Group handles all types of qualified retirement plans, employee benefits issues that arise in business transactions, executive and equity compensation issues, fiduciary responsibility and welfare plan issues. Our attorneys advise clients on the laws governing  retirement and welfare benefits and executive compensation, including ERISA, tax, labor and securities laws. We are conversant with all aspects of the design and administration of retirement plans (including 401(k)s and ESOPs), executive compensation, cafeteria plans, health benefit plans (including cost containment issues, health care reform, and compliance  with  San  Francisco’s Health Care Security Ordinance ), employment agreements, early retirement incentive programs, change-in-control counseling, and the legal aspects of investment of plan assets.

Key Contacts

David Longinotti

Partner

San Francisco, CA

Elisha Yang

Partner

San Francisco, CA

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