Food and Beverage Industry

CHAIR

Lyons, Richard A.

510.834.6600 T

510.808.4672 F

Overview

Attorneys in Wendel Rosen's Food and Beverage Practice represent clients in the restaurant, food manufacturing, winery, craft brew and hospitality industries.

From business entity formation, to obtaining permits, to real estate leasing and land use issues, to protecting trademarks, and employment law issues, our attorneys have the experience and knowledge to advise food and beverage clients on virtually all of their legal needs.

Business Formation and Operations

  • Business entity formation and ownership, including sole proprietorships, partnerships, stocks and shares, corporate structuring, LLCs and S Corps
  • Mergers, acquisitions and sales of businesses, real property or assets
  • Distributor and licensing agreements
  • Wholesaling and retailing issues
  • Insurance matters and coverage litigation
  • Financing
  • Regulatory compliance and registrations (licenses, recordkeeping, labeling, tied house laws)
  • Succession planning for family-owned businesses, estate planning and wealth management matters

 

Intellectual Property  |  Advertising

  • Filing and registering trademarks and copyrights
  • Review of advertising materials
  • Sweepstakes and contests
  • Product labeling issues
  • “Organic” and “Natural” labeling
  • Claims of false advertising

 

Land Use  |  Environmental Issues

  • CEQA and environmental issues
  • Permits, entitlements and licenses
  • Environmental due diligence and compliance
  • Wastewater management issues


Real Estate

  • Leases
  • Construction negotiations and contracts
  • Property acquisitions and sales
  • Construction defect litigation
  • Easements


Employment Counseling  |  Litigation

  • Employment contracts
  • Supervisor and employee training
  • Employment policies and manuals
  • Wage and hour matters
  • Defending employee administrative claims and litigation
  • Defending discrimination claims
  • I-9 compliance and ICE audits

 

Green Business

  • Organic labeling issues
  • Green building and design, including incentives and tax breaks
  • LEED certification
  • Environmentally sound waste disposal
  • Carbon reduction
  • Solar installations, power purchase agreements

 

For more detailed information, please visit the industry pages for Restaurants, Craft Breweries and Wineries.

Experience
  • Represented leading craft brewery as plaintiff in trademark infringement action in federal district court; obtained consent permanent injunction and fees in action to enforce injunction.

  • Represented craft brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

  • Represented the manufacturer of natural organic fruit snacks in its acquisition by a leading national natural foods company

  • Represented the owners of a Napa County vineyard in negotiating a settlement of a Cleanup and Abatement Order in which the agency initially sought penalties and site restoration that could have cost the client several million dollars. The final resolution required only an off-site mitigation program, which cost the owners $15,000.

  • Represented national food manufacturing company in office and industrial lease transactions across the country, as well as in the sale of industrial, warehouse and manufacturing facilities. Some purchasers continue to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.

  • Defended CEQA and legal challenge brought by a citizen group related to Napa County’s approval of 360-acre vineyard development.

  • Advised organic and fair trade food manufacturer in acquisition of North American trademark rights and worldwide trademark registration matters.

Attorneys
  • Lyons, Richard A.
    Chair
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  • Acevedo, William C.
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  • Balderama, Karen J.
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  • Cohen, Joshua D.
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  • Dambrov, Matthew E.
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  • Myers, Daniel B.
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  • Pak, Eugene M.
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  • Tang, Jennifer P.
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  • Waxman, Richard P.
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  • Zackler, Allan I.
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Representative Clients

We're proud to represent a wide selection of food and beverage industry clients, including manufacturers, retailers, brewers, restaurants and others. Here are a few.



 

 

 





 


 




 


 


 


 
 

 

Resources