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Consumable Goods

Alcohol & Tobacco

For highly regulated areas such as alcohol and tobacco, a deep understanding of the industry’s legal and tax complexities is vital. We are keenly aware of the heightened scrutiny that companies in these markets face, and we can provide the substantive knowledge and resources required to successfully advise them through any and all challenges that arise. We serve as the trusted counsel to some of the best-known  companies in the consumable goods arena, as well as numerous startups developing products for which the regulatory framework is in flux. We advise our clients on everything from product development, sales and distribution, to licensing and regulatory compliance, to excise tax, labeling and advertising restrictions. We also have significant experience defending clients in state and federal tax controversies, in investigations before the U.S. Food and Drug Administration, and in complex commercial and products liability litigation.

Area of Focus Contacts

  • Jan de Beer

    Member

    Lexington, KY

  • Daniel G. Mudd

    Member

    Louisville, KY

Capabilities

Corporate

Regulatory licensing from federal and state regulators

Labeling and sales guidance

Business formation

Franchise, warehousing, and distribution agreements

State and federal tax issues

Acquisition and mergers

Food and beverage advice

Intellectual Property

Clearance and reservation of brands for companies and product names

Protection of trademarks with the US Trademark Office and abroad

Protecting trade designs and packaging with the US Trademark Office and abroad

Review and clearance of advertising copy and can or bottle labels and designs

Enforcement of intellectual property rights against infringers

Defense of claims of trademark or copyright infringement from other producers

Labor & Employment

Employment contracts

Benefits

Regulatory issues affecting employees

Wrongful discharge

Safety issues

Litigation

Disputes between manufacturers and distributors;

Disputes with manufacturers and regulators

Dram shop claims

Tax-related litigation

Breach of contract claims, wrongful discharge and employment discrimination claims.

Environmental

Risk management for environmental concerns

Licensing and permits for manufacturers

Contracts related to handling manufacturing wastes

Hazardous claims and litigation.

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