Bayer CropScience/ Liberty Link Rice: We represent Bayer AG and Bayer CropScience entities in federal and state court litigation involving the detection of trace amounts of genetically modified Liberty Link rice in the US commercial grain supply. We have served as co-coordinating, regional and co-trial counsel, leading electronic discovery, document discovery, and written discovery efforts in a litigation involving hundreds of cases and thousands of claimants. We have led the preparation and defense of depositions and trial testimony of senior company officers and key employees worldwide, as well as been involved in the preparation and defense of depositions and trial testimony of liability experts.
Syngenta/ Viptera corn litigation: We serve on the defense team for Syngenta Corporation and related entities in federal and state court litigations involving alleged economic losses to U. S. corn farmers from rejection by China of U.S. corn shipments allegedly containing Viptera corn, a Syngenta trait fully approved by U.S. regulatory agencies.
Delta and Pine Land Co.: Represented the world’s largest cotton seed producer in a coverage dispute arising from suits brought by farmers claiming that genetically modified seed damaged their crops. Fifth Circuit held that the insurer had a duty to defend the claims.
Numerous agricultural cotton and soybean cases in state courts in Mississippi, Alabama, Texas, Louisiana and South Carolina
Formal seed arbitration cases in Georgia, Texas, Mississippi, Arkansas, North Carolina and Florida.
Lead defense liaison counsel in the In Re Catfish litigation, the only MDL case ever headquartered in Mississippi. This case involved the marketing of pond raised catfish and alleged antitrust violations.
Intervened in litigation matters on behalf of client to defend biotechnology approvals issued by the U.S. Department of Agriculture (USDA). Relevant legal issues involved the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Plant Protection Act (PPA).
Intervened in litigation on behalf of a trade association to defend a U.S. Environmental Protection Agency (EPA) approval of neonicotinoid insecticides.
Authored three amicus briefs in a Ninth Circuit Court of Appeals action in which several plaintiffs sought a stay of an EPA approval of an herbicide product used on genetically engineered (GE) crops.
Assisted in defense against ESA “Mega Suit,” which involved challenges to U.S. EPA approval of over 300 pesticides.
Advised client regarding potential tort claims and legal defenses in connection with alleged human health impacts of a pesticide product.
Represented client in an interstate water dispute. Focused on agricultural water use and its regulation under state law, irrigation efficiency technologies, precision agriculture, and crop water use.
Assessed potential causes of actions under the Pesticide Registration Improvement Act.
Advised client regarding a potential USDA enforcement action involving the use of the term “organic” on a product label.
Defended a distributor of diacetyl, a naturally-occurring food additive in a personal injury action brought by an industrial worker based at the McCormick facility in Baltimore County, Maryland. We prevailed on a motion to transfer venue from Baltimore City to Baltimore County Circuit Court, and on a motion to dismiss claims of fraud and civil conspiracy.
Represented a large pet food manufacturer in a fraud and product liability case filed in federal court in Jacksonville, Florida. The action was brought by a distributor with regard to the manufacture of premium pet food. After the firm’s client successfully received summary judgment on the plaintiff’s fraud claims, the parties resolved the action.
Represented a restaurant chain in claim brought by patron that he was served a glass of bleach rather than water which caused numerous personal injuries and mental anguish.
Represented client in regulatory matters related to federal approvals of GE crops and herbicides.
Drafted regulatory filings related to GE crops and the National Environmental Policy Act (NEPA), including comments on USDA Environmental Impact Statements and an 800-page Environmental Impact Report.
Advised clients and drafted comments related to potential listings of species under the ESA.
Advised biotechnology company regarding federal, state, and local laws and regulations related to the cultivation of GE crops and pesticide use.
Provided product stewardship and regulatory advice related to alleged human health and environmental impacts of GE plants and pesticides.
Tracked requests under the Freedom of Information Act related to client’s agricultural products.
Advised client regarding regulatory issues arising under the PPA and the Noxious Weed Act.
Advised clients regarding product labeling issues and appropriate pesticidal claims under FIFRA.
Drafted, edited, and advised companies regarding commercial contracts and licensing agreements related to GE crops and pesticides.
Advised clients regarding transfer of pesticide registrations and related issues in connection with mergers and acquisitions.
Assisted client with data compensation and related contractual issues regarding an inert ingredient used in agricultural pesticides.
National Flour Mills & Supply Company is the owner of the CHESTER’S fast food franchise, as well as other brands of restaurant and food service enterprise. The CHESTER’S and CHESTER FRIED marks are protected by several hundred registrations worldwide. We work with National Flour on all aspects of trademark management and strategy, including from the most basic trademark filings, renewals and the like, to litigation across the globe in jurisdictions like India, the Community Trade Mark system, Brazil, and the Philippines.