Business Litigation And Counsel

Comprehensive Legal Counsel For Food, Beverage And Agribusiness Clients

Rock Hutchinson, PLLP, provides general counsel to farmers, producers, creameries and cooperatives, including issues related to Capper-Volstead and California’s Prop 2. The firm’s attorneys work with several large companies in the dairy industry. They also have significant experience providing general counsel to food and beverage clients, including:

  • Risk management strategies: The firm’s lawyers assist clients in the development of legal risk management strategies and compliance programs designed to minimize risk exposure
  • Regulatory compliance: They review product packaging and labeling, assist in governmental enforcement actions and provide compliance counseling with respect to state and federal regulations, including compliance with federal agencies such as the Federal Drug Administration (FDA)), Federal Trade Commission (FTC) and United States Department of Agriculture (USDA).
  • Supply chain and distribution: The legal team assists with drafting, negotiating and enforcing sourcing, contract manufacturing and strategic alliances, including international agreements.
  • Retail and foodservice sales: Clients rely on the firm’s attorneys for drafting, negotiating and enforcing sales, distribution and broker agreements with some of the nation’s largest retailers and foodservice distributors.
  • Antitrust and trade compliance: The team provides counseling and training on a broad range of trade and antitrust concerns, including communications within trade and other industry groups, pricing communications and Robinson-Patman Act compliance.
  • Marketing, advertising and promotion law: The firm’s legal team boasts a wide range of experience reviewing and documenting prior substantiation for advertising claims, developing contest and sweepstakes rules, defending or challenging claims at the National Advertising Division and drafting network substantiation letters.

One of the firm’s attorneys previously served in a leadership role at General Mills, gaining a wide depth and breadth of experience that now benefits the firm’s clients.

Representative Agribusiness Litigation Experience

  • Currently lead counsel defending one of the largest egg producers in the United States in In Re: Processed Egg Products Antitrust Litigation, (MDL No 2002 E.D. PA.), a nationwide class action consolidated in the Eastern District of Pennsylvania. The direct purchaser class case settled against client for no economic remuneration. The claims of several opt-out plaintiffs are proceeding.
  • Defended and successfully settled nine-figure claims against a leading grain and natural gas supplier by the creditors of a bankrupt ethanol producer.
  • Defended a national retail chain in a class action alleging the false and deceptive labeling of organic milk.
  • Defended and successfully arbitrated breach of contract, unjust enrichment and account stated claims for a leading dairy producer.
  • Defended a California food grower in an employment class action alleging violations of California’s wage and hour laws.
  • Obtained favorable resolution for a biofuel client against an engineering firm hired to construct a biofuel refinery based on claims of professional malpractice and fraud.

Representative Food And Beverage Litigation And Legal Counsel Experience

  • Lead defense counsel for one of the largest egg producers in the United States in In Re: Processed Egg Products Antitrust Litigation, (MDL No 2002 E.D. PA.), a nationwide class action consolidated in the Eastern District of Pennsylvania. The direct purchaser class case settled against client for no economic remuneration. The claims of several opt-out plaintiffs are proceeding.
  • Defended and successfully arbitrated breach of contract, unjust enrichment and account stated claims for a leading dairy producer.
  • Represented global food and beverage company in food labeling lawsuit.
  • Defended a national retail chain in a class action alleging the false and deceptive labeling of organic milk.
  • Defended a California food grower in an employment class action alleging violations of California’s wage and hour laws.
  • Resolved a product liability claim against a beverage client brought by a consumer.
  • Obtained a $0 settlement on behalf of a beverage client in an action alleging claims of trademark infringement and unfair competition under the Lanham Act in federal court in Minnesota.
  • Negotiated a nonmonetary settlement on behalf of a food company in a trademark infringement action venued in the Western District of Texas.
  • Settled case just prior to trial for significant sum in favor of Australian investment banking firm against joint venturer accused of misappropriation of corporate opportunity and breach of fiduciary duty during development of a biodiesel refinery.
  • Ten years of in-house experience at one of the nation’s largest food manufacturers.
  • Provided general counsel to One Natural Experience (ONE), a natural beverage company headquartered in Los Angeles, California; assisted ONE in the sale of a controlling equity position in the company.