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Energy Industry Team
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Food and Beverage
Food and Beverage Industry Team
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Nutritional Supplements
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Health Care Industry Team
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Medical and Life Sciences Industry Team
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Long-Term Care
Nutritional Supplements
Pharmacy Law
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Nanotechnology
Photonics
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Real Estate Developers Industry Team
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Retail Real Estate in New York State
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Veterinary Medicine
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Food and Beverage

Industry Team

  • Division Y-Cyber Incident Report for Critical Infrastructure Act of 2022 Becomes Law, with Regulations Expected by 2025
  • Partner Brendan Palfreyman Joins Popular Brewbound Podcast
  • FTC Takes Aim at Banning Non-Compete Clauses
Profile
Sectors
Services
Experience
People

Serving Your Needs from Seed to Table

As counsel for multi-national brands whose products span the globe, Harris Beach has decades of experience helping clients grow their business in the highly-regulated food and beverage industry. Our experience began with supporting dairy producers and growers; and we continue to design solutions for clients to thrive in a global market with increasing regulations and heightened demand. From corporate matters that promote efficiency to industry-specific marketing and manufacturing, we work with regional, national and international agribusiness clients that include manufacturers, distributors and brokers. We assist clients in strategies for expansion and protection of their brands while managing labor concerns, changing regulations and supply chains. We also help clients take advantage of emerging technologies, such as the growing use of data and analytics, also known as digital agriculture. Our integrated multi-disciplinary approach supports a range of transactional, litigation and regulatory services.

Nutritional Supplements

Commercial Real Estate and Facilities

  • Facilitate project development and construction of manufacturing, processing, packaging and storage facilities
  • Draft and assist in execution of commercial purchase, sale and leasing contracts
  • Assist in financing of property, facilities, equipment and supplies
  • Provide counsel for environmental and land use and zoning approvals involving architectural and construction negotiations with local governments

Corporate

  • Represent emerging companies through the process of company formation, tax structure and financing
  • Assist in financing, including equities offerings and securities issues
  • Counsel on mergers, acquisitions and joint ventures
  • Aide in divestitures
  • Draft and execute manufacturing, supply, license and distribution agreements
  • Counsel on business succession planning
  • Represent companies in business disputes and other litigation
  • Advise on franchising
  • Draft online terms and conditions for e-commerce

Cybersecurity

  • Counsel on data security policies and assisting in implementation of safeguard plans
  • Advise on development of response plans in case of data breach

Economic and Other Incentives

  • Support attainment of local, state and federal tax incentives, including New Markets Tax Credits
  • Support preparation of grant applications

Energy

  • Counsel and assist with energy initiatives including permitting and siting for facilities, regulatory compliance, construction, civil and administrative enforcement, and dispute resolution
  • Coordinate with utilities, regulatory commissions and economic development agencies

Immigration

  • Counsel and represent clients on matters involving immigration compliance, including electronic employment verification rules and I-9 audits
  • Assist with obtaining visas on behalf of foreign nationals seeking work in the U.S. and employees seeking permanent U.S. resident status
  • Monitor and interpret immigration laws at the federal and state levels
  • Guide employers in navigating through DOL WHD H-2 program compliance

Intellectual Property Protection

  • Develop strategies for intellectual property protection and exploitation
  • Counsel on and negotiate intellectual property licensing agreements, joint ventures and purchases
  • Advise on trademark protection strategies and defending enforcements in cases of infringement and counterfeiting
  • Handle trademark infringement litigation at all stages
  • Perform trademark and patent clearance and prosecutions domestically and internationally

International Trade

  • Review import-export issues, including “sales in transit”
  • Assist in global markets and expansion
  • Counsel on compliance with Bioterrorism Act

Labor and Employment Issues

  • Counsel on day-to-day labor and employment issues, including policy application, employee discipline, leaves of absence and proper application of collective bargaining agreements, and COVID issues such as CARES act
  • Represent employers in administrative proceedings before the Equal Employment Opportunity Commission, the New York and United States Departments of Labor, the New York State Division of Human Rights and the National Labor Relations Board
  • Provide counsel and representation during collective bargaining negotiations
  • Represent unionized employers in arbitration hearings relating to discipline and other disputes involving collective bargaining agreements
  • Represent employers in various employment litigation matters in state and federal courts

Misleading Advertising and Class Action Defense

  • Counsel on compliance with FTC marketing guidelines and responses to FTC inquiries
  • Review labeling, advertising and marketing materials for compliance with applicable regulations such as the Food, Drug and Cosmetic Act
  • Oversee agreements with sponsors, celebrities and influencers
  • Handle communications and media inquiries through the use of Harris Beach subsidiaries

Temporary and Seasonal Visas

Trademarks for Beer Made Easy

  • Provided regulatory and environmental guidance to effectuate a $13 million, ten-mile electrical transmission line to the facilities of a major upstate New York-based food manufacturer, to meet the expanded energy needs required to sustain their growth.
  • Successfully resolved multiple threatened consumer class action lawsuits against food and beverage clients related to labeling and marketing of products.
  • Counseled food manufacturers in numerous matters including negotiating packing and sales agreements with multinational food companies and marketers of branded consumer packaged foods sold through retail stores; as well as other issues relating to supply chain management, carbon recapture and environmental sustainability.
  • Represented an internet-based, chef-prepared meal delivery startup company that has sold over 850,000 meals in the past two years, on a broad spectrum of issues including strategic planning, general corporate matters, real estate, labor and employment, intellectual property and investor financing.
  • Represented a food manufacturer in a $300 million financing, including term loan, revolver and new markets tax credit financing.
  • Successfully represented one of the nation’s leading food and beverage franchisors in defending a putative nationwide consumer class action in the U.S. District Court for the Eastern District of New York, alleging that certain of the franchisor’s food products were deceptively labeled.
  • Acted as outside associate corporate counsel for top five flavored malt beverage supplier in the United States. Draft and negotiate distribution agreements, vendor agreements, licensing agreements and marketing agreements.
  • Counseled publicly-traded company in the food and beverage industry in connection with general corporate matters. Draft and negotiate distribution agreements for distribution partners, supplier agreements for raw materials, licensing and manufacturing agreements, product development agreements, and marketing agreements.
  • Represented clients in the acquisition of several brands and their assets, including a multi-million dollar spin-off of a bar brand.
  • Represented one of the country’s largest fast food chains in litigation over fast food’s alleged contribution to the obesity epidemic.
  • Implemented a Class I food recall in conjunction with the FDA recall coordinator regarding procedures.
  • Represented clients in the development and launch of new product lines, including a Fortune 100 retail chain that originated in mass market channels.
  • Counseled a major American craft brewery in patent infringement action relating to Amazon’s S3 and CloudFront services.
  • Served as counsel for plaintiff in trademark infringement action brought between alcoholic beverage producers.
  • Served as counsel for defendant in trademark infringement action brought by California winery against New York brewery.

Team Leader(s)

Brendan Palfreyman

Brendan M. Palfreyman

Member

Team

All Insights, All Publications, Legal Alert |
 January 9, 2023
FTC Takes Aim at Banning Non-Compete Clauses
The FTC released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements....read more
All Insights, All Publications, Legal Alert |
 April 4, 2022
Division Y-Cyber Incident Report for Critical Infrastructure Act of 2022 Becomes Law, with Regulations Expected by 2025
Division Y – Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law by President Biden on March 15....read more
All Publications, Legal Alert |
 January 7, 2022
Federal Cannabis Legislation Seeks to Decriminalize Marijuana, Create Safe Harbors for Banks and Insurers, Strike Regulatory Balance, and More
All Insights, All Publications, Legal Alert |
 May 24, 2021
New York State Department of Health Releases Amended Proposed Hemp Regulations
On May 19, 2021, the New York State Department of Health released amended proposed hemp regulations in response to hundreds of public commen...read more
All Insights, All Publications, Legal Alert |
 May 14, 2021
Amazon’s New Compliance Requirements for Dietary Supplement Listings to Ensure Greater Transparency and Quality for Consumers
As one of the largest channels facilitating the purchase and sale of dietary supplements, Amazon has often faced criticism for its lack of o...read more
All Insights, All Publications, Legal Alert |
 May 3, 2021
Applications Open for Restaurant Revitalization Fund through Coronavirus Relief Package
U.S. restaurants are among the businesses hardest hit by the pandemic over the past 14 months. According to the National Restaurant Associat...read more
All Insights, All Publications, Covid-19, Legal Alert |
 January 21, 2021
SBA Issues Guidance on Next Round of PPP Loans, But Questions Remain
The Small Business Administration (SBA) has released updated Paycheck Protection Program (PPP) interim final rules which implement and provi...read more
All Insights, Advisory, All Publications |
 August 13, 2020
New York Federal Court Finds Italian Tomato Labels Not Misleading in Consumer Fraud Class Action
In a consumer fraud class action complaint against Cento Fine Foods, plaintiffs alleged misleading labeling of canned tomato products from I...read more
All Insights, All Blogs, Covid-19, Immigration Blog |
 July 24, 2020
I-9 Compliance in a Pandemic World: Advice for Employers
In welcome news for employers, the U.S. Department of Homeland Security (DHS) has once again agreed to extend its exercise of discretion to ...read more

Need More Information?

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Food and Beverage

Industry Team

■ Profile

Serving Your Needs from Seed to Table

As counsel for multi-national brands whose products span the globe, Harris Beach has decades of experience helping clients grow their business in the highly-regulated food and beverage industry. Our experience began with supporting dairy producers and growers; and we continue to design solutions for clients to thrive in a global market with increasing regulations and heightened demand. From corporate matters that promote efficiency to industry-specific marketing and manufacturing, we work with regional, national and international agribusiness clients that include manufacturers, distributors and brokers. We assist clients in strategies for expansion and protection of their brands while managing labor concerns, changing regulations and supply chains. We also help clients take advantage of emerging technologies, such as the growing use of data and analytics, also known as digital agriculture. Our integrated multi-disciplinary approach supports a range of transactional, litigation and regulatory services.

■ Services

Commercial Real Estate and Facilities

  • Facilitate project development and construction of manufacturing, processing, packaging and storage facilities
  • Draft and assist in execution of commercial purchase, sale and leasing contracts
  • Assist in financing of property, facilities, equipment and supplies
  • Provide counsel for environmental and land use and zoning approvals involving architectural and construction negotiations with local governments

Corporate

  • Represent emerging companies through the process of company formation, tax structure and financing
  • Assist in financing, including equities offerings and securities issues
  • Counsel on mergers, acquisitions and joint ventures
  • Aide in divestitures
  • Draft and execute manufacturing, supply, license and distribution agreements
  • Counsel on business succession planning
  • Represent companies in business disputes and other litigation
  • Advise on franchising
  • Draft online terms and conditions for e-commerce

Cybersecurity

  • Counsel on data security policies and assisting in implementation of safeguard plans
  • Advise on development of response plans in case of data breach

Economic and Other Incentives

  • Support attainment of local, state and federal tax incentives, including New Markets Tax Credits
  • Support preparation of grant applications

Energy

  • Counsel and assist with energy initiatives including permitting and siting for facilities, regulatory compliance, construction, civil and administrative enforcement, and dispute resolution
  • Coordinate with utilities, regulatory commissions and economic development agencies

Immigration

  • Counsel and represent clients on matters involving immigration compliance, including electronic employment verification rules and I-9 audits
  • Assist with obtaining visas on behalf of foreign nationals seeking work in the U.S. and employees seeking permanent U.S. resident status
  • Monitor and interpret immigration laws at the federal and state levels
  • Guide employers in navigating through DOL WHD H-2 program compliance

Intellectual Property Protection

  • Develop strategies for intellectual property protection and exploitation
  • Counsel on and negotiate intellectual property licensing agreements, joint ventures and purchases
  • Advise on trademark protection strategies and defending enforcements in cases of infringement and counterfeiting
  • Handle trademark infringement litigation at all stages
  • Perform trademark and patent clearance and prosecutions domestically and internationally

International Trade

  • Review import-export issues, including “sales in transit”
  • Assist in global markets and expansion
  • Counsel on compliance with Bioterrorism Act

Labor and Employment Issues

  • Counsel on day-to-day labor and employment issues, including policy application, employee discipline, leaves of absence and proper application of collective bargaining agreements, and COVID issues such as CARES act
  • Represent employers in administrative proceedings before the Equal Employment Opportunity Commission, the New York and United States Departments of Labor, the New York State Division of Human Rights and the National Labor Relations Board
  • Provide counsel and representation during collective bargaining negotiations
  • Represent unionized employers in arbitration hearings relating to discipline and other disputes involving collective bargaining agreements
  • Represent employers in various employment litigation matters in state and federal courts

Misleading Advertising and Class Action Defense

  • Counsel on compliance with FTC marketing guidelines and responses to FTC inquiries
  • Review labeling, advertising and marketing materials for compliance with applicable regulations such as the Food, Drug and Cosmetic Act
  • Oversee agreements with sponsors, celebrities and influencers
  • Handle communications and media inquiries through the use of Harris Beach subsidiaries

Temporary and Seasonal Visas

Trademarks for Beer Made Easy

Nutritional Supplements Industry Team

■ People

Team Leaders

Brendan M. Palfreyman

Member
(315) 214-2161
bpalfreyman@HarrisBeach.com

Team

Brian A. Bender

Member
(212) 313-5405
bbender@harrisbeach.com

John R. Buhrman

Member
(585) 419-8651
jbuhrman@harrisbeach.com

Patrick J. Dalton

Member
(585) 419-8607
pdalton@harrisbeach.com

Leonard J. D'Arrigo

Member
(518) 701-2770
ldarrigo@harrisbeach.com

Douglas A. Foss

Counsel
(585) 419-8612
dfoss@harrisbeach.com

Roy R. Galewski

Member
(585) 419-8661
rgalewski@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com

William J. Garry

Member
(516) 880-8490
wgarry@harrisbeach.com

Christopher D. Jagel

Chief Executive Officer
(585) 419-8617
cjagel@harrisbeach.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com

Daniel J. Moore

Member
(585) 419-8626
dmoore@harrisbeach.com

James R. Muldoon

Member
(315) 214-2021
jmuldoon@harrisbeach.com

Michael F. Nozzolio

Counsel
(585) 419-8648
mnozzolio@harrisbeach.com

Tyler A. O'Reilly

Member
(585) 419-8634
toreilly@harrisbeach.com

Brendan M. Palfreyman

Member
(315) 214-2161
bpalfreyman@HarrisBeach.com

Charles (Chip) W. Russell

Member
(585) 419-8635
crussell@harrisbeach.com

Neal L. Slifkin

Member
(585) 419-8636
nslifkin@harrisbeach.com

Beth Ela Wilkens

Counsel
(585) 419-8645
bwilkens@harrisbeach.com

Pietra G. Zaffram

Member
(716) 200-5112
pzaffram@HarrisBeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 8:46 am
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