Food & Beverage
Our food and beverage practice is made up of corporate and litigation attorneys with significant experience who help our clients with creative and practical solutions to legal issues that arise in the restaurant industry. On the corporate side, our attorneys have a deep bench of experience with startup business entity formation (including corporations and limited liability companies), raising capital to start or grow the business (equity and debt financings), employment agreements, partnership arrangements, mergers and acquisitions (buying and selling businesses), real estate matters (including buying and leasing real estate space), trademark protection, franchising and licensing deals, and tax structuring. Our experienced litigators efficiently handle a wide range of litigation (and pre-litigation) matters including contract issues, trade secrets, employment, and other business disputes. Our practical and solutions-focused approach helps our clients to anticipate problems and risks before they emerge, and address them as efficiently as possible.
Our clients include restaurants of all sizes, food, beverage, and supplement producers, alcohol distributors and importers, franchisors, growers, supermarket chains, and wellness and nutrition companies.
We are a member of the California Restaurant Association.
Our capabilities relevant to our food and beverage practice include:
- Navigating employment issues, including employment agreements, wage and hour disputes, employee/independent contractor classification, and tip pooling
- Real estate negotiations, including leasing and purchase agreements
- Brand protection and intellectual property issues, including trademark, copyright and trade secret protection
- Advising clients on the best corporate entity to use to achieve their goals
- Equity and debt financings
- Counseling on compliance with applicable federal and state regulations
- Franchising and licensing arrangements
- IPOs (taking private companies public)
- Mergers and acquisitions
- Partnership matters, including resolving disputes
- Stock option plans
- Counseling on insurance coverage
- ADA-related advice
- Litigation arising out of food labeling and advertising claims
- Class action defense
- Counseling on mechanics lien claims
- Unfair competition and business practice claims
- Represented clients with respect to restaurant space leases
- Represented restaurants in connection with equity and debt financings to raise money to start and expand their business
- Represented restaurant and quick service food clients in licensing negotiations
- Represented restaurant clients as outside general counsel
- Counseled restaurant clients on music licensing issues
- Counsel restaurant clients on day-to-day operating issues
- Revised employee handbooks, offer letters, and employment contracts to facilitate compliance with state and federal laws for clients in the restaurant, wellness, and retail industries
- Represented Chefs in connection with negotiation of executive employment and consulting agreements
- Represented Chefs/Owners in connection with restructuring of ownership agreements
- Represented Chefs in connection with talent agreements
- Counseled restaurants and owners in connection with management agreements
- Counseled restaurants regarding compliance with food labeling regulations
- Represented organic beverage company in connection with distribution and sales commission agreements
- Represented clients in connection with the sale of business and joint ventures
- Represented holistic wellness and supplement company in handling embezzlement investigation and employee termination
- Counseled sports nutrition company in handling franchise issues to avoid litigation
- Defended founder in a dispute with his partner over the percentage ownership to a Sports Bar
- Defended Fortune 500 company in food mislabeling class action involving sodium content disclosures
- "From the Benevolence of the Butcher: Motive and Contractual Right to Terminate," The Franchise Lawyer (Summer 2022)
- "August/September 2019 F&B Legal Update ," Modern Restaurant Management, September 27, 2019
- "California’s Pending Independent Contractor Rehaul: How the Restaurant Industry Will Be Affected," Modern Restaurant Management, September 16, 2019
- "Food Industry Trends Towards Sustainability & The Circular Economy & The Mixed Effect of Laws," The SciTech Lawyer, Summer 2019
- "Mid-Summer 2019 F&B Legal Update," Modern Restaurant Management, August 7, 2019
- "Tips and Tricks for Protecting Your Recipes," Modern Restaurant Management, April 12, 2019
- "ADA Compliance for Your Restaurant’s Website and Mobile Apps: What You Need to Know," Modern Restaurant Management, April 2, 2019
- "F&B Legal Roundup – February 2019," Modern Restaurant Management, March 5, 2019
- “ADA Compliance Standards Remain Uncertain,” Los Angeles Daily Journal, February 19, 2019
- "F&B Legal Roundup – January 2019," Modern Restaurant Management, February 8, 2019
- "F&B Legal Roundup – November 2018," Modern Restaurant Management, November 12, 2018
- "F&B Legal Roundup – August 2018," Modern Restaurant Management, September 11, 2018
- "F&B Legal Roundup – July 2018," Modern Restaurant Management, August 7, 2018
- "Fewer Remedies in California for Targets of Defamatory Reviews," Law360, July 13, 2018
- "Compromise and Uncertainty on Tipping in the Appropriations Act," Modern Restaurant Management, April 12, 2018
- "FDA Exercises Mandatory Recall Authority for the First Time," Los Angeles Daily Journal, April 9, 2018
- "Spending Bill Creates Compromise on Tip Pooling Rules," Los Angeles Daily Journal, April 3, 2018
- "Watchlist: New California Laws That Will Affect the Restaurant Industry," Modern Restaurant Management, January 3, 2018
- "California’s Never-ending Foie Gras Ban, Explained," Eater, September 22, 2017
- "Department of Labor to Reverse Course on Tip Pooling," Los Angeles Daily Journal, December 17, 2017
- How to Handle Salary History When Hiring in California,” November 2017
- "The Impact of New Jersey Menu Engineering Cases," Modern Restaurant Management, November 9, 2017
- "Foie Gras Ban in Limbo," Los Angeles Daily Journal, September 20, 2017
- "California Supreme Court Prohibits “On Call” Rest Breaks for California Employees, January 2017
- "Christopher Lilly Reacts to High Court’s Tyson Foods Class Action Ruling,” Law360, March 2016
- Drafting Considerations under California Limited Liability Company Act