Overview
Across a number of diverse practice areas, Calfee attorneys have significant experience serving clients in traditional and non-traditional/emerging areas of the food and beverage industry.
Whether a client needs assistance navigating product labeling, is entering into a complex commercial contract in the food and beverage space, or is buying, selling, or franchising a food and beverage-related business, Calfee’s Food and Beverage group has the expertise to navigate these diverse cross-practice issues.
Our attorneys collaborate to assist with intellectual property, regulatory and business opportunities and disputes in this constantly changing industry.
Professionals
Professionals
Experience
Experience
Calfee serves a number of clients in the Food and Beverage industry, including the following:
- Flavorseal, LLC
- Superior Beverage
- The J. M. Smucker Company
- Nestlé USA, Inc.
- United Natural Foods, Inc. (UNFI)
As a multi-practice, full-service law firm, Calfee supports food and beverage companies with coordinated legal counsel across key areas, including corporate and commercial litigation, commercial lending, labor and employment, employee benefits and executive compensation, permitting and regulatory matters, mergers and acquisitions, real estate, intellectual property, insurance coverage, government relations and legislation, and tax law. This integrated approach enables clients to address complex industry-specific legal challenges with practical, business-focused legal solutions. Calfee’s food and beverage industry work includes the following matters:
Business, Corporate and Commercial Litigation
- Calfee represented a publicly traded, Fortune 500 food industry manufacturing company client in a dispute with a supplier regarding the termination of a letter of intent for long-term supply of finished goods, including breach of contract threats.
Commercial Lending
- Served as lead counsel to the borrower, a publicly traded food industry manufacturing Fortune 500 company, in connection with a $2 billion syndicated multicurrency revolving credit facility and a $800+ million delayed draw bilateral term loan facility.
Labor and Employment
- Advised a publicly traded, Fortune Global 500 food company client on employment-related matters in Master Services Agreement and applicable appendices for contract between the client and a cloud-based talent sourcing contractor, which involved a months-long negotiation with the contractor and the international client company.
Mergers and Acquisitions
- Served as M&A counsel to a publicly traded, Fortune 500 food industry company client in its sale of a product line and related assets; the transaction involved companies operating in two U.S. states.
- Served as M&A counsel to a publicly traded, food manufacturing Fortune 500 company in its internal reorganization in a significant transfer of equity, assets and personnel as well as numerous tax elections and entity consolidations and liquidations that resulted in significant federal and state tax and operational synergies; the transaction involved other jurisdictions including Delaware.
- Served as lead outside counsel working with the in-house team of a large beverage company on structuring, negotiating, documenting and executing on transaction documents. Represented the buying group in the acquisition of a sizable Midwestern-based beer, wine and non-alcoholic beverage distributor serving a majority of the state.
- Represented a Midwestern beverage wholesaler and a U.S. beverage distributer in the acquisition of substantially all the business assets of a Midwestern distribution company; Calfee led the negotiation, execution and documentation of the business acquisition as well as the formation and establishment of several partnerships forming the investor/ownership group.
- Served as lead counsel for a Fortune 1000 publicly owned food manufacturing company in its sale of a business to a publicly owned company.
- Served as M&A counsel to a Fortune 500 publicly owned food manufacturing company in its sale of a business to a private company.
- Served as M&A counsel to a publicly traded Fortune 500 food industry wholesaler in its sale of a line of branded products to one of the largest privately held food importers.
Permitting and Regulatory
- Calfee assisted a pizza and cocktail-centric gastro pub with obtaining a liquor permit prior to the opening of its two locations in Cleveland.
- Calfee assisted a self-pour wine tasting bar located in Cleveland in obtaining a liquor permit prior to its opening.
Real Estate
- Assisted with the negotiation of a critical and long-term lease agreement in the Midwest as part of an overall corporate acquisition of a beverage group manufacturing client. This acquisition was critical in the client’s overall growth plan in the country and added a critical operations facility to its portfolio of existing locations.
Tax Law
- Acted as tax counsel for a publicly traded, Fortune 1000 food industry client in the sale of a business line to a private food industry processor and distributor.
- Served as tax counsel to a publicly traded, Fortune 500 company in the equity sale of a business line to a Michigan food company.
- Served as tax counsel to a publicly traded, Fortune 500 food industry company in its sale of a business line, which included a range of Protected Designation of Origin (PDO) imported Greek food items to a premier specialty food importer.