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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 start-up 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

Media Clips

  • 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.

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  • Federal Regulations Proposed for Updated Food Safety System
    Rochester Business Journal | February 15, 2013

    Rochester Global Business & Transactions partner Jeff LaBarge, a member of the Food, Beverage and Agriculture team, authored this column. Click here to read the full article.

  • New ‘Green Guides' Set Rules for Environmental Marketing
    Rochester Business Journal | November 23, 2012

    This column, co-authored by partner Jeff LaBarge, Chief Sustainability Officer Carolyn Kaplan, and associate Alison Torbitt, discusses new “Green Guides” from the Federal Trade Commission.

  • JOBS Act May Help Startups to Access the Capital They Need
    Rochester Business Journal | June 8, 2012

    Rochester Global Business & Transactions partner Jeff LaBarge and Rochester Public Company Transactions associate John Moragne discuss the Jumpstart Our Business Startups (JOBS) Act.

Ideas

13th Annual MAC Survey
October 28, 2014

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

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

Newest waste ban in Massachusetts: commercial organic material
Environmental Alert | July 19, 2013

The START-UP NY Program — Developing College Campuses as Engines of Economic Expansion
New York Law Alert | June 28, 2013

New NY alcohol manufacturing licensing system proposed
Beverage Alcohol Brief | June 5, 2013

TTB issues advisory on social media use
Beverage Alcohol Brief | May 24, 2013

California's green chemistry regulations of consumer products inch closer to completion
Products: Class Action, Trade & Industy Representation Alert | April 16, 2013

Seller beware: merchants with stores that request zip codes may face consumer class actions after recent Massachusetts Supreme Judicial Court ruling
Class Action Alert | April 11, 2013

The Ministry of Trade of Indonesia limits growth of food and beverage franchises
Franchise Alert | February 26, 2013

FDA registration renewal required — must be submitted by January 31
Beverage Alcohol Brief | January 10, 2013

State legislature passes bill that would allow California residents to participate in alcohol-related sweepstakes and contests
Beverage Alcohol Brief | September 4, 2012

The FDA bans Bisphenol A in baby bottles and children's cups—the attention may now turn to other products
Products: Class Action, Trade & Inidusty Representation Alert | July 19, 2012

Allergen labeling in wine: compulsory regulations imminent in the European Union—will the U.S. be next?
Beverage Alcohol Brief | June 26, 2012

Recent developments at the Consumer Products Safety Commission (CPSC) include stepped up efforts at U.S. ports to curtail the importation of non-compliant consumer goods and leveling of record fines
Products: Class Action, Trade & Industry Representation Alert | June 21, 2012

Lightweighting wine bottles: an eco-friendly trend becomes mandatory in Ontario
Beverage Alcohol Brief | June 5, 2012

Webinar Recording: Sustainable Franchises
April 25, 2012

Bagging the bag: managing compliance with laws that limit the use of carryout bags
Legally Green Alert | March 2, 2012

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Press

Events

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

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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

Supply Chain Sustainability Forum & Networking Luncheon
July 30, 2013

Food & Beverage Innovators Breakfast Forum
July 10, 2013 | San Francisco, CA

Private Equity Investing Outlook: What's Next for Consumer Products & Services
June 12, 2013 | Boston, MA

Natural Products Consulting Institute: Becoming a More Effective Sales Manager (May 21-22) and Financing Your Consumer Products Company (May 23)
May 21, 2013 | San Francisco, CA

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