Food

Bringing Business Insight and Legal Experience to the Food Industry

From food safety to finance, real estate to risk management, intellectual property to international operations, Freeborn offers a full range of legal services to food processors, manufacturers, suppliers, growers and producers, wholesalers and distributors to help address the complex challenges facing the food industry. Our country’s food industry is more than providing what’s for breakfast, lunch or dinner. It provides nutrition for the nation, creates millions of jobs and sustains thousands of support industries.

Americans consume approximately $1 trillion in food annually. Add what it takes to grow, package, distribute and sell what we eat, and it’s easy to see how the food industry fuels a broad network of economic activity. Within this vast array of people, products and process, the Freeborn Food Industry Team is dedicated to helping our clients build a better future for the food industry.

Practice Areas

Bankruptcy and Financial Restructuring

We advise food and transportation clients affected by financial distress. We provide our creditor clients with a cross-functional team of bankruptcy, tax, restructuring, finance and litigation specialists who have extensive experience on creditors’ rights issues. We provide our lender clients with the most cost-effective and practical workout solutions while zealously pursuing their fundamental business goal of achieving complete and timely repayment of loans or recovery of other assets.

Commercial Finance

Freeborn represents both lenders and borrowers in a broad range of finance and restructuring transactions. We have extensive experience negotiating and documenting revolvers, asset-based facilities, acquisition finance, leasing and credit enhancements and have an in-depth understanding of the current state of the lending environment and its players.

Corporate

We help the owners of food companies maximize the value of their holdings through the effective and swift execution of corporate transactions, such as mergers, acquisitions and joint ventures.

Food Safety and Regulation

We help food companies protect their customers and their own businesses through the implementation of rigorous programs for food safety, through representation to regulators, and through the vigorous defense of claims against them.

Franchise and Distribution

We provide franchisors and franchisees alike with a broad range of legal services, from negotiating franchise agreements and preparing franchise disclosure statements to assisting clients with general corporate issues and representing clients in franchise relationship disputes.

International Operations

We help food companies navigate complex legal issues associated with operating at an international level, including doing business with foreign customers and suppliers, importing and exporting food products, and engaging in larger transactions, such as distribution agreements or acquisitions.

Labor and Employment

We help food and transportation companies manage the many complex issues that arise in recruiting, employing and retaining a diverse workforce.

Litigation

With nationwide capabilities, our attorneys represent companies in all areas of complex dispute and litigation. Our experience covers all natures of contention, from liability involving multiple parties to industry specific regulations, and from high-profile accidents to disruption of key commercial ventures.

Marketing Law

We help food companies attain the flexibility and confidence they need to implement winning marketing strategies, whether through sophisticated pricing, investments in brands and innovation, or their relationships with retail and distribution partners.

Partner

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Insights

May 7, 2013

Shapiro and Klinowski Author Food Safety Magazine article

John Shapiro and Jason Klinowski authored “Court to FDA: FSMA Deadlines Required,” which was published May 7, 2013, in Food Safety Magazine’s May 2013 eDigest.

May 7, 2013

Establishing and Maintaining an Effective Minimum Resale Price Policy: A Colgate How-To

Eugene F. Zelek, a Partner in the Corporate and Litigation Practice Groups, and Brian R. Henry, Competition Counsel, The Coca-Cola Company, have authored, “Establishing and Maintaining an Effective Minimum Resale Price Policy: A Colgate How-To”.More »

April 15, 2013

The Food Safety Modernization Act: What Supply Chain Managers Need to Know Now

John T. Shapiro, a Partner in the Litigation Practice Group and a Member of the Food Industry Team at Freeborn, authored, “The Food Safety Modernization Act: What Supply Chain Managers Need to Know Now.”More »

April 2, 2013

Update on FDA’s Qualitative Risk Assessment Draft

The Food and Drug Administration (FDA) is reopening the comment period for a draft Qualitative Risk Assessment for certain food facilities that include farm packing operations for fresh fruits and vegetables.

March 28, 2013

“Don’t Let the Horse Out of the Barn when Your Supply Chain Requires a Cow

John Shapiro, Partner in the Litigation Practice Group and a Member of the Food Industry Team, authored, “Don’t Let the Horse Out of the Barn when Your Supply Chain Requires a Cow.”

March 5, 2013

Take Heed: Implementation of FSMA Picks up Steam

Jason Klinowski and John Shapiro's March Legislative Update article is featured in the Food Safety Magazine eDigest

February 4, 2013

What Do the Proposed FSMA Rules Mean to the Food Industry?

Jason R. Klinowski and John T. Shapiro, attorneys and members of the Food Industry Team authored, “What Do the Proposed FSMA Rules Mean to the Food Industry?”

January 18, 2013

What's Next for GMO Labeling?

David L. Ter Molen, a Partner in the Litigation Practice Group and a member of the Food Industry Team, authored, “What’s Next for GMO Labeling?”

January 1, 2013

Ensuring Success of Food Company Outsourcing

John T. Shapiro, a Partner in the Litigation Practice Group and a member of the Food Industry Team, authored, “Ensuring Success of Food Company Outsourcing.”

December 20, 2012

Freeborn Helps Facilitate Distribution to Unsecured Creditors in RT Midwest Chapter 11 Case

Freeborn was selected as counsel to the official committee of unsecured creditors in the chapter 11 bankruptcy cases of RT Midwest Holdings, LLC and its affiliates.

More Valuable Assets, Better Borrowing Capacity

Food Processors and Branded Goods Manufacturers – Allens Canning

A Perfect Match

Jack Link’s Beef Jerky is the #1 meat snack in the United States and fastest-growing meat snack manufacturer worldwide.

The Case of the Clashing Logos

Suppliers to the Food Industry - TriMark USA

Perhaps the Biggest Victory You've Never Heard Of

Wholesalers and Distributors - A large North American logistics company

Latest

April 12, 2013

Freeborn & Peters Helps Revive Drake’s Snacks

Thanks to McKee Foods—the company behind the popular Little Debbie line of products—and the work of attorneys at Freeborn & Peters LLP, the beloved selection of Drake’s brand snack cakes will once again become available at grocery and convenient stores throughout the Northeast and beyond.More »

October 23, 2012

Freeborn Attorney Jason Klinowski Represents Major Claimants in $8M Adams Produce PACA Settlement

Jason R. Klinowski, an Associate and Member of the firm's Food Industry Team, was quoted in the article, "Adams Produce to pay $8 million in PACA claims," published in The Packer, the fresh fruit and vegetable industry's leading source for news, information and analysis.More »

July 30, 2012

Food Industry Team profiled on the cover of The National Law Journal

Freeborn & Peters LLP’s Food Industry Team was profiled in the article, “Firm looks for food industry clients,” which was published on the front cover of The National Law Journal on July 30, 2012.More »

July 12, 2012

Jason R. Klinowski Quoted in an Article Regarding the Adams Produce Case

Jason R. Klinowski, attorney and member of the Food Industry Team at Freeborn, was quoted in the article, “PACA Claims Due to Adams Produce Case.”More »

July 5, 2012

Food Industry Team Members Mentioned on Packaging Digest Website

John T. Shapiro, Ashley W. Brandt, and Steven A. Mange, members of the Food Industry Team at Freeborn & Peters LLP, were mentioned in the article, “What’s the state of food safety today?"More »

July 1, 2012

David L. Ter Molen quoted in the Tea & Coffee Trade Journal

David L. Ter Molen, a Partner in the Litigation Practice Group and a member of the Food Industry Team at Freeborn & Peters LLP, was quoted in the article, “The Potential Impact of CA’s GMO Initiative on the Food Industry.”More »

June 5, 2012

John T. Shapiro quoted in Seafood Business magazine article

John T. Shaprio, a Partner in the Litigation Practice Group and a member of the Food Industry Team at Freeborn & Peters LLP, was quoted in the article “Yellowfin tuna recall the latest food issue minced by social, viral media."More »

May 31, 2012

David L. Ter Molen featured in Food Manufacturing e-newsletter

David L. Ter Molen, a Partner in the Litigation Practice Group at Freeborn, was featured in “Q&A: Judging By The Label,” which was published in the Food Manufacturing daily e-newsletter on May 31, 2012.More »

May 22, 2012

Jason R. Klinowski was Mentioned in Article Regarding Adams Produce

Jason R. Klinowski, an Associate and Member of the Firm's Food Industry Team, was mentioned in "Judge rejects deal from Adams Produce, Pro*Act."More »

May 17, 2012

Jason Klinowski quoted in The Packer

Jason R. Klinowski, an Associate and Member of the Firm's Food Industry Team, was quoted in "Attorney: Bankruptcy deal could hamper PACA creditors," published in The Packer, the fresh fruit and vegetable industry's leading source for news, information and analysis, on May 17, 2012.More »

Representative Matters

Represented the Official Committee of Unsecured Creditors of Wagstaff Minnesota, Inc. and worked closely with counsel to Wagstaff to maximize the value of general unsecured claims, including asset sales, investigating the security interests of Wagstaff’s secured creditors and efforts to avoid the potentially devastating impact of certain agreements between Wagstaff and KFC.
Represents the Official Committee of Unsecured Creditors of R.T. Midwest Holdings, Inc., and assisted in the effective implementation of a sale-leaseback transaction that would allow the debtors to downsize and shed its real estate assets and secured indebtedness. Despite the secured lender’s undersecured position, Freeborn was able to secure a meaningful distribution for general unsecured creditors.
Represented management groups involved in sales of portfolio companies from one private equity firm to another private equity firm, including sales of a leading supplier of mobile storage solutions, a manufacturer of snack products, a manufacturer of coatings for the printing industry and a provider of boiler room products and systems.
Represented major restaurant chain in successful efforts to reduce its operating costs across all stores located in Chicago by obtaining an express exemption from the City of Chicago's Individual Pricing Rule, which is applicable to retail food establishments.
Counsel for a start-up company in successful efforts to establish an indoor urban farming operation with plans to raise the money needed to buy real estate, equipment and other materials necessary to fully roll out a sustainable program that will eventually have the indoor farming equivalent of 50 thousand tillable acres.
Lead counsel to multiple produce companies in successful efforts to recover hundreds of thousands of dollars under the Perishable Agricultural Commodities Act (PACA) in one of the largest produce industry bankruptcy cases in recent history.
Represented a large distribution company in connection with its efforts to manage an FDA inspection and to prepare the necessary 483 response, corrective action plan, and a food reconditioning plan. Ultimately, a state agriculture department adopted our food reconditioning plan, a model for handling large scale food adulteration matters.
Represented a food manufacturer in connection with its efforts to classify and manage a food safety recall event from start to finish. This engagement required Freeborn to help the client develop, implement and manage its recall process and to liaison with the FDA to ensure step-by-step regulatory compliance.
Successfully defended a major food importer against allegations arising under the Plant Protection Act (PPA) wherein the client faced tens of millions of dollars in fines. The USDA ultimately dismissed the allegations without imposing any fines.
Counsel for a major food processor and helped them make internal financial changes that reduced their exposure to various agricultural liens by over $10 million dollars. This reduction in secured liability allowed the food processor to go back to its bank and negotiate an increase of its borrowing base by the same $10 million dollar amount.
Represented Official Committee of Unsecured Creditors in In re Giordano’s Enterprises, Inc. (Bankr. N.D. Ill.).
Represented Official Committees of Unsecured Creditors in In re Duke & King Acquisition, Inc. (Bankr. D. Minn.)
Represented a gourmet sandwich franchise in the sale of a minority interest to a San Francisco-based private equity firm.
Represents the franchisees of national restaurant concepts controlling more than 100 properties throughout the Midwest.
Successfully moved to dismiss on jurisdictional grounds a breach of contract action brought by a client’s customer in federal court in Minnesota. AJB Outdoors, Inc. v. Jerky Snack Brands, Inc., Civil No. 09-1599, 2009 WL 3769560 (D. Minn. Nov. 10, 2009).
Defended a foreign vodka manufacturing company in a trademark infringement claim resulting in settlement permitting clients to continue use of accused name.
Structured a joint venture among major distributors of institutional kitchen equipment in creating a national purchasing consortium.
Represented a large food manufacturer in negotiating an international joint venture with a food ingredient provider.

Food

Practice Areas

Bankruptcy and Financial Restructuring

Commercial Finance

Corporate

Food Safety and Regulation

Franchise and Distribution

International Operations

Labor and Employment

Litigation

Marketing Law

PACA Trust Litigation

Purchasing and Supply Chain Management

Real Estate

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Case studies

More Valuable Assets, Better Borrowing Capacity

A Perfect Match

The Case of the Clashing Logos

Perhaps the Biggest Victory You've Never Heard Of

Latest

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Representative Matters