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FOOD, BEVERAGE & AGRICULTURE

The future of our food supply is increasingly global and connected, which is re-inventing the conversation between our clients and their consumers.

Consumers care deeply about the ingredients they purchase—from local origin to sustainable design. They are better informed. They expect new product innovations, strict food safety controls, responsible brand promises and social experiences. Big Data and social media (used responsibly and strategically) offer new visibility into these customers, their likes and dislikes and an opportunity to engage them in targeted conversations.

Shaping the future of food and beverage law

Entirely new opportunities are emerging for food and beverage businesses. But there are new risks too —from labeling and advertising litigation, to compliance with export controls and immigration reform. We take the bigger picture perspective with a unique and holistic industry focus—from farm to factory to table.

Nixon Peabody helps clients monetize their brands, navigate food safety laws, make profitable investments, protect human capital, anticipate legislative changes, embrace sustainability and globalize the supply chain.

Together with our clients, we are working to grow the successful food, beverage and agriculture brands of the future.

We work with

Manufacturers of consumable goods—from the world’s leading premium wine company, to the largest bakery company in the U.S., to startup brands selling products at your local grocer. Many multi-generation, family-owned businesses.

Packaging and logistics—multinational packaging, processing and transportation businesses serving the food and beverage sectors

Agribusinesses—from an innovative dairy co-operative, to one of the world’s largest cooking oil producers

Retail—from the top large U.S. grocery chain, to online purveyors of food and beverage products

Franchises—from fast-casual restaurants to coffeehouse chains

Sources of capital—banks and funds across the capital structure—from mezzanine debt to venture capital to private equity—that invest in food, beverage and agriculture businesses

Rankings & Honors

  • Ranked by BTI as a “Powerhouse” firm for products liability litigation

Media Clips

  • Calling All Breweries: Is Your Wastewater In Order?
    Law360 | July 11, 2016
    Rochester senior environmental health engineer Libby Ford and San Francisco Energy & Environmental associate Alison Torbitt co-authored this column discussing the EPA’s national standards for industrial wastewater discharged to local publicly owned treatment works and how they affect breweries.
  • New York's craft beverage industry moves forward
    Buffalo Law Journal | July 4, 2016
    Food, Beverage & Agriculture team members New York City associate Jackie Sudano and Rochester associate Joe Carello provide commentary in this in-depth feature article that looks at the current state of New York’s craft beverage industry.
  • Attorneys see relaxing NYS 'blue law' as a lift for business
    Buffalo Business First | June 8, 2016
    New York City associate Jackie Sudano is quoted in this article discussing New York State’s blue laws.
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  • Strategy to Grown NYS Craft Beverage Industry Comes to Fruition
    Rochester Business Journal | December 12, 2014
    Rochester partner Jeff LaBarge and associate Brian Mahoney authored this column on the history of legislation in New York that has helped the craft beverage industry flourish, and how the Craft New York Act of 2014 will contribute to further growth.
  • Craft Beverage Legislation Goes Down Smooth in NY
    Law360 | December 2, 2014
    Rochester associate Brian Mahoney authored this column on the New York Craft New York Act, which encourages the growth of the craft beverage industry.
  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic
    Law360 | July 25, 2014
    Buffalo Commercial Litigation associate Tracey Ehlers, Buffalo Commercial Litigation partner Viv Quinn, and Chicago IP Counseling & Transactions partner Janet Garetto discuss federal courts’ increased attention to the ascertainability of class members especially in the food and beverage industries where consumers do not typically retain receipts.
  • Industry Faces Restructuring Challenges
    Supermarket News | September 13, 2013

    Bankruptcy & Financial Restructuring partners Lee Harrington and Rick Pedone discuss distressed M&A and reorganization opportunities and challenges in the grocery sector.

  • Can Your Supply Chain Meet the Requirements of Regulators?
    Rochester Business Journal | August 16, 2013

    In this column, Rochester Global Business & Transactions partner Jeff LaBarge discusses the regulatory requirements associated with supply chain management.

Ideas

Finishing our plates: new regulations to help limit organic waste in NYC
Food Beverage & Agriculture Alert | July 22, 2016

New look for nutrition facts label
Food, Beverage & Agriculture Alert | May 25, 2016

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FDA to reconsider meaning of "healthy" on food labels
Food, Beverage & Agriculture Alert | May 12, 2016

Alcoholic Beverage Control Law Working Group announces recommendations
Beverage Alcohol Alert | April 28, 2016

The Miscellaneous Tariff Bill: if your company produces in the U.S., cost saving may be coming your way
Government Relations Alert | April 18, 2016

Congress stirred into action on GMO labeling
Food, Beverage & Agriculture Alert | February 29, 2016

Food & Beverage Crystal Ball: Trends We're Following
January 4, 2016

FDA extends comment period on "natural" food labeling
FDA/Food, Beverage & Agriculture Alert | December 29, 2015

Is your company's website violating the ADA?
Litigation Alert | December 21, 2015

FTC clarifies position on discrimination claims based on package size
Antitrust Alert | December 17, 2015

14th Annual MAC Survey
December 16, 2015

First Circuit's decision in Marzuq illustrates heavy burden for franchisees seeking summary judgment on store managers' FLSA claims
Employment Law Alert | December 16, 2015

Webinar Recording: New wastewater permit for craft breweries, wineries and cideries
Originally recorded on December 3, 2015 | December 16, 2015

FDA invites comments on "natural" food labeling
FDA/Food, Beverage & Agriculture Alert | November 10, 2015

Proposed revision of nutrition facts label would include percent daily value for added sugars
Food, Beverage and Agriculture Alert | August 4, 2015

The Craft Beverage Modernization and Tax Reform Act is gaining momentum
Beverage Alcohol Alert | July 13, 2015

It's April 14, 2015. Are you ready for the NLRB's new election rules?
Employment Law Alert | April 14, 2015

Supreme Court: application of "tacking" doctrine in trademark cases should be resolved by a jury
Intellectual Property Alert | January 22, 2015

Food & Beverage Crystal Ball: Trends We're Following
December 23, 2014

New York beverage producers get a boost from the Craft New York Act
Beverage Alcohol Alert | November 13, 2014

California Federal Court Takes First Stab At False Advertising Claims Involving Prescription Drugs After POM Wonderful
IP Law Alert | October 21, 2014

South Korea's Fair Trade Commission imposes largest possible fine on franchise for unfair practices
Franchise Law Alert | October 10, 2014

Don't get caught holding the bag: California enacts ban on single-use plastic bags
Retail Alert | October 6, 2014

Decision in beverage "class action" bolsters Third Circuit emphasis on ascertainability
Food Safety and Litigation Alert | July 16, 2014

Supreme Court allows POM suit against Coca-Cola for Lanham Act violations
Intellectual Property Law Alert | June 12, 2014

Draft rule from FDA threatens to destroy spent grain exemption enjoyed by brewers
Beverage Alcohol Alert | April 23, 2014

Fresh look proposed for "Nutrition Facts" labels
Food, Beverage and Agriculture Alert | February 28, 2014

$1 trillion farm bill will reshape U.S. agriculture policy
Food, Beverage and Agriculture Alert | February 10, 2014

Food & Beverage Crystal Ball: Trends We're Following
January 30, 2014

2014 Legal Snapshot
January 16, 2014

South Korea adopts major amendments to the Fair Transactions in Franchise Business Act
Franchise Law Alert | January 3, 2014

Update on trans fat proposed regulation
Food Safety & Litigation Alert | December 31, 2013

FDA: Interested parties have 60 days to weigh in on tentative determination regarding trans fats
Food Safety & Litigation Alert | November 8, 2013

START-UP NY: overview of implementing regulations and next steps for colleges, universities and businesses
New York Law Alert | November 1, 2013

How much is enough (when it comes to ascertaining potential plaintiffs)?
Food Safety & Litigation Alert | September 23, 2013

Legislative proposal seeking to overhaul "misleading" food labeling
Food Safety & Litigation Alert | September 20, 2013

Big data companies beware: the FTC plans to boost enforcement in your industry
Privacy Alert | August 29, 2013

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Press

Events

Natural Products Consulting Institute's Sales Seminar and Financing Boot Camp
July 12, 2016 | Chicago, IL

Food and Beverage Industry Mixer
June 15, 2016 | Chicago, IL

Supply Chain Risk Management—Best Practices
June 9, 2016 | San Francisco, CA

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Private Equity Investing Outlook: What is next for the Food & Beverage Industry
April 13, 2016 | Boston, MA

Natural Products Consulting Institute's Sales Seminar and Financing Boot Camp
December 8, 2015 | Boston, MA

Webinar: New wastewater permit for craft breweries, wineries and cideries
December 3, 2015

Natural Products Consulting Institute's Operations Seminar and Networking Event
October 14, 2015 | New York, NY

New wastewater permits for craft breweries and wineries—What you need to be thinking about now
September 24, 2015 | Rochester, NY

Nixon Peabody LLP & Plante Moran Food Industry Mixer
June 18, 2015 | Chicago, IL

Natural Products Consulting Institute: Two-Day Sales Seminar & One-Day Finance Boot Camp Event
June 9, 2015

Taking your craft brewery, distillery, or winery to the next level—What you need to be thinking about now
June 3, 2015 | New York, NY

Private Equity Investing Outlook: What is next for the Food & Beverage Industry
April 8, 2015 | Boston, MA

Natural Products Consulting Institute Operations Seminar & Networking Event
March 24, 2015 | Chicago, IL

Private Equity Investing Outlook: What's Next for Food, Beverage & Agriculture
February 4, 2015 | New York, NY

Taking your craft brewery, distillery, or winery to the next level—What you need to be thinking about now
January 15, 2015 | Boston, MA

Nurture Your Business Like Your Wines
January 12, 2015 | Manchester, NH

Natural Products Consulting Institute: Two-Day Sales Seminar & One-Day Finance Boot Camp Event
December 9, 2014 | Boston, MA

Upstate New York Alcoholic Beverage Summit: What's Fermenting This Fall?
November 6, 2014 | Rochester, NY

Asia Loves California Food & Drink: Selling California Food, Beverages and Agricultural Products to the Asia-Pacific Region
October 30, 2014 | San Francisco, CA

2014 Food Forum: Creating New Ingredients for Growth
October 29, 2014

Natural Products Consulting Institute's "Operations Seminar and Networking Event"
October 14, 2014 | Boston, MA

Crisis Management in the Food & Beverage Industry
October 8, 2014 | Boston, MA

Natural Products Consulting Institute: Two-Day Sales Seminar & One-Day Finance Boot Camp Event
June 10, 2014 | Chicago, IL

Venture Capital Investment in Food Startups
May 14, 2014 | Boston, MA

What's on Tap? Trends in Investing in Wine, Spirits & Craft Brews
May 6, 2014 | Chicago, IL

Quick Service Incubator: Sourcing fresh ideas for growing food companies
April 17, 2014 | Boston, MA

The Boston Snack Down: Past, Present & Future of Natural Foods in Beantown
April 9, 2014 | Boston, MA

BevNET Food & Beverage University—Boston 2014
March 27, 2014

Clean Up In Aisle 9: Distressed Opportunities in Retail Grocery
February 27, 2014 | Chicago, IL

Private Equity Investing Outlook: What's Next for Consumer Products & Services
February 26, 2014 | New York, NY

Crisis Management for Consumer Businesses
November 6, 2013 | Rochester, NY

Focused Branding: Why it's important for attracting investors
October 15, 2013 | Boston, MA

Sustainability on Tap
October 2, 2013

What's on Tap? Trends in Investing in Wine, Spirits & Craft Brews
September 23, 2013 | Boston, MA

Clean Up in Aisle 9: Distressed M&A and Reorganization Opportunities and Challenges in the Retail Grocery Sector
September 12, 2013 | New York, NY

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