McDermott’s Food, Beverage and Agribusiness group is one of the largest and most experienced full-service industry legal practices in the world. They represent more than 500 clients in this industry sector, and many of these relationships stretch back for decades.

The intellectual property lawyers advise participants at every link in the value chain, including growers, processors, input suppliers, cooperatives, food manufacturers, importers, distributors, trade associations, restaurants and other stakeholders, across the full range of issues affecting the production, distribution and marketing of food, beverages and related products.

The challenges—and opportunities—facing businesses in this sector are legion, and include complex domestic and international regulations, increasing cross-border business activity, multinational intellectual property protection, and the ongoing threat of civil and criminal litigation.

To succeed, clients must work cooperatively with government officials and agencies across numerous jurisdictions to promote effective trade, tax and regulatory policy. Our experienced lawyers provide clients with the full suite of legal counsel, including regulatory, litigation, trade, antitrust, corporate, intellectual property and tax guidance.

The intellectual property lawyers draw on the following core strengths to help their clients: top-ranked legal practices, including the premier alcohol industry team, ranked as a Band 1 national practice by Chambers USA; their direct experience in emerging industry issues such as food safety, labeling, grower/manufacturer social contract policies, farm subsidies and international trade; and the extensive work in cross-border corporate and commercial transactions.

Nothing can replace firsthand legislative and regulatory experience. The team includes partners who previously served in senior positions in numerous US federal agencies such as the US Food and Drug Administration (FDA), Federal Trade Commission (FTC) and Department of Justice (DOJ), on presidential commissions, on Capitol Hill, and in trade and industry associations.

Related Capabilities

China

Food, beverage, agricultural, and intellectual property have played an essential role in the growth of the Chinese economy. Companies with investments and operations in China face a host of rapidly multiplying laws and regulations in areas such as antitrust, tax, labor and employment, and intellectual property. Domestic and foreign businesses at every step in the production, distribution and retail chain also must address international trade, tariff, food safety and product liability concerns.

Government Strategies

Carefully targeted congressional and executive branch advocacy can be a cost-effective, pre-emptive strategy for many food, beverage and agribusiness companies in addressing legislative or regulatory impediments.

The experienced intellectual property lawyers help clients bring priority attention to a specific issue, move the discussion toward solutions that promote their clients’ interests, and help resolve problems that might otherwise languish within government bureaucracy.

Their policy and legislative team have worked extensively on Capitol Hill and with US federal and state government agencies, and their reputation as a trusted contributor to legislative and policymaking processes allows us to maintain strong relationships with government decision makers.

The intellectual property lawyers design strategies, lobby officials directly, write testimony or public comments for official proceedings, and advance client interests by maintaining their visibility.

When it comes to a business, success means prioritizing growth, and the business organization’s intellectual property (IP) should help drive it.

These days, however, a return on the entrepreneur’s IP investment is hardly guaranteed. Product lifecycles are short, competition is fierce, and reputations can be won or lost at the push of a social-media button. And an increasingly complex web of international laws and regulations, judicial decisions, and new legislation poses a constant challenge.

Whether entrepreneurs are building the next iconic brand, protecting game-changing new technology or creating new revenue streams from their established IP assets, the team of intellectual property lawyers can help them achieve their business goals at every stage of the IP lifecycle.

Employing a full-service multi-disciplinary practice involving finance, corporate, tax, regulatory, litigation and business restructuring professionals, intellectual property lawyers provide comprehensive counsel and support through all phases of real estate development, financing and investment: from initial structuring through acquisition, construction or redevelopment, management, leasing and operations, financing, and disposition or other monetization. When necessary.

Businesses can also turn to intellectual property lawyers for workout and other divestment requirements.

With offices in the United States, Europe and Asia, intellectual property lawyers deliver sophisticated advice to address the unique legal and business challenges of real estate transactions and investments around the globe, reducing risk and capitalizing on opportunities, wherever entrepreneurs do business.

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