Food and Restaurant Litigation

There is no shortage of challenges facing the food & beverage industry. From new bioterrorism regulations, genetically modified ingredients and changing product availability to mandatory labeling, product recalls and processing issues, each affect every aspect of how food and beverage companies do business.

Frost Brown Todd represents a variety of food producers, processors and restaurant clients. Our clients include several national and international manufacturers of food products, major wine vintners as well as wholesale food distributors. We also represent clients in the quick serve industry as well as a major quick-serve purchasing cooperative. Our experience and services include:

• Product Liability
• Contamination
• Tampering
• Premises Liability
• Initial Public Offerings (IPO)
• Environmental Issues
• Labor/Employment
• Permits/Licensing
• Real Estate
• Financing
• Franchising/Distribution
• General Business/Corporate

Asset Protection

Clients turn to Frost Brown Todd for counsel they can trust on some of the most important asset protection issues facing the food and restaurant industry:

• Regulatory compliance
• Packaging and labeling
• Trade secrets
• Trademark protection and licensing
• Compliance with state advertising laws
• Proceedings before the National Advertising Division of the BBB
• Product disparagement and defamation
• Sweepstakes and games of chance
• Use of testimonials and endorsements

Product Liability Issues

Food product claims and issues are a subject of growing interest in the popular media. We understand the importance of these cases to our food industry clients and work with our clients to not only win cases, but also build a strategy to protect the company from future lawsuits and minimize the negative publicity that can tarnish brand assets. We represent clients in a variety of litigated cases, involving biologically contaminated food, genetically altered food and food allegedly containing foreign objects.

Dispute Resolution

Frost Brown Todd has a long record of success in the courtroom and features many nationally-recognized litigators. We are equally adept at fashioning solutions to problems without incurring the risks and costs associated with courtroom trials. Our trial attorneys regularly resolve disputes out of court, through negotiation, arbitration, mediation, mini-trials and other alternative dispute resolution methods. If a dispute cannot be avoided, we encourage the use of alternative dispute resolution procedures, achieving dispute resolution objectives as cost-effectively as possible:

• Developing innovative defenses for clients as a result of learning a client's business
• Designing conflict management systems to avoid litigation
• Preparing and negotiating contracts to limit exposure in the event of litigation
• Maximizing the likelihood that, if litigation is filed, it will be in a forum selected by our clients
• Structure effective document retention programs

Frost Brown Todd is a member of the nationally recognized CPR Institute for Dispute Resolution.

Franchising/Distribution

• Contract Administration: We have the capability to store and retrieve executed dealer agreements, together with the ability to track renewals, and print reports sorted by territory, product, renewal date and other factors
• Compliance Audit: We audit distribution agreements for compliance with antitrust laws and state disclosure, registration and termination laws. Compliance with Franchise Disclosure/Registration Requirements: By reference to its 50-state legal compliance survey, the Distribution and Franchise Team can readily counsel clients as to individual state law requirements. We can also coordinate with counsel in foreign countries, many of whom already have a working relationship with Frost Brown Todd, as to international franchise requirements
• Sales, Labeling and Advertising Law Compliance: We have considerable experience in sales practices, advertising and related issues
• Dealer Termination: We can furnish a quick evaluation of a dealer termination situation. This would include analysis of the reasons for termination, review of the written dealer agreement, evaluating potential antitrust concerns, assessing potential dealer protection statutes, consideration of potential for common law contract or tort claims and analysis of damages. We keep on file termination notices which can be adapted to the circumstances at hand and which minimize the legal exposure to the terminating supplier
• Handling Dealer Termination, Franchise-Related and Commercial Litigation or Arbitration: We represent franchisers, franchisees, terminating suppliers and terminated dealers in Federal District Court and Federal Appeals Court
• Franchisee Associations: We also represent franchisee associations in connection with general formation and operational matters including the preparation of articles of incorporation and bylaws and amendments thereto, the establishment of programs association members such as group insurance coverage and telecommunications contracts

Responsive service

Achieving our clients' goals is top of mind. From a concise e-mail response to an urgent problem, to placing attorneys in-house at a client's facility, we are dedicated to providing the level of service that our clients find most helpful.