Contact
Paul D. Swanson
206.223.7391
swansonp@lanepowell.com
Michael M. Fleming
206.223.7149
flemingm@lanepowell.com
Practices
Food, Beverage and Hospitality
Since its inception, Lane Powell has been proud to represent the hard-working individuals and businesses who service our food, beverage and hospitality businesses. With a rich history of representing agricultural, natural resource and consumer-oriented industries effectively and efficiently, Lane Powell is able to provide and apply the highest caliber of skill and talent to all of your food, beverage and hospitality legal needs.
The Earth and Table Law Reporter
“Earth and Table” — Lane Powell’s food, beverage and hospitality law blog — will provide periodic reports and updates regarding legal issues of interest to those working in the food, beverage and hospitality trades. We actively track and report on cases and legislative developments impacting those whose livelihoods involve feeding, hosting and serving the public.
Your Go-To Class Action Law Firm. Many food misbranding cases nowadays are brought as class action lawsuits. Lane Powell lawyers are some of the most experienced class action defense counsel in the Pacific Northwest. They can help tailor your class action strategy to best serve your company’s strategic needs and goals.
Product Safety and Regulatory Compliance. Food product safety is paramount in the food, beverage and hospitality industries. With the advent of the Food Safety Modernization Act of 2011, the increasing enforcement of complex Hazard Analysis & Critical Control Points (“HACCP”) regulations, and the issuance of final regulations governing “functional foods,” “nutraceuticals” and dietary supplements under the Dietary Supplement Health and Education Act of 1994, the pace of state and FDA regulatory enforcement can be expected to quicken as this decade unfolds. We can assist you in navigating an ever-increasing maze of state and federal food law regulations.
Intellectual Property. Tremendous value now resides in the reputation and brand of food, beverage and hospitality products and services. What were once considered food and beverage commodities are now trademarked, copyrighted and sometimes even patented brands and products.
Lane Powell’s intellectual property lawyers provide full service trademark, trade dress, copyright and patent legal advice, e-commerce and Internet services, licensing, and even the implications of gift certificates to protect and enhance your company’s brand portfolio. Our seasoned commercial and intellectual property litigators can readily protect and defend your company from those who might seek to poach on your market success or make unfair and misleading claims about your company’s products or services.
Insurers. Lane Powell lawyers have enjoyed some unique success in triggering coverage under Commercial General Liability and advertising injury insurance policies. Other insurance avenues, such as policies covering the conduct of board members, can also provide a means for funding a defense against unexpected lawsuits in these litigious times.
When “bad” news hits, the adverse business and reputational implications can be immediate and devastating. We have in-depth experience working with insurers, publicists and others whom you may need to contact in the event of a business crisis.
Criminal Defense. Should any state or federal regulatory actions include criminal investigations, Lane Powell’s white collar criminal defense lawyers may be called upon to help you and your company. We have one of the strongest white collar criminal defense practices in the Pacific Northwest. Their knowledge and former experience as federal prosecutors will prove invaluable in the event you are facing criminal exposure in federal or state food contamination or adulteration enforcement actions.
Forming, Financing and Franchising. Launching and financing your food, beverage and hospitality business ventures can be difficult, even in robust economic times. Lane Powell lawyers represent a number of banking and private capital businesses and can assist you in forming and financing your business entities. If you are interested in franchising, our experienced lawyers can help you navigate and comply with franchising laws as either a franchisor or franchisee.
Immigration and Employment. The nuts and bolts of running any food, beverage or hospitality business includes handling the myriad immigration, employment, and wage and hour law issues that are a fact of life for companies whose livelihoods are based on providing food, beverage and hospitality products and services. We handle these kinds of services for some of the premier companies headquartered in the Pacific Northwest, including Starbucks and Nordstrom.
Hospitality and Restaurateurs. Lane Powell represents a host of restaurateurs and understands their business demands and challenges. We have helped any number of acclaimed restaurants in the Pacific Northwest successfully form and manage their operations.
Our attorneys have experience analyzing leases and credit structures, negotiating terms of purchase and helping secure financing. The Firm’s taxation experience helps ensure maximum tax benefits as part of the acquisition, especially in complicated city-center scenarios. Lane Powell attorneys also are skilled in innovative trends gaining popularity in the restaurant and hotel industries, such as hotel-to-timeshare conversions, hybrid hotel/condominium developments and restaurant/hotel shared-location agreements.
Lane Powell represents a number of high-profile restaurants – from nationally known chains to a number of acclaimed boutique eateries – as well as both national hospitality chains and individual hotels. Among them are Moe’s Southwest Grill, Restaurants Unlimited, Pollin Hotels, Holiday Resales, Inc., and Shell Vacations LLC. Recent restaurant and hospitality actions Lane Powell has handled include:
- Retrofitting hospitality facilities into city-center locations, typically with planning, permit and development issues in addition to frequent financial issues due to the expense of such development.
- Handling hybrid projects such as half hotel and half high-rise condominiums with accompanying real estate issues such as setback requirements and height limitations.
- Helping clients take advantage of various municipal allowances, bonuses and trade-offs by providing amenities such as childcare space in exchange for a larger overall allowable-development area.
- Negotiating long-term, shared-location agreements such as restaurants being located inside hotel facilities, helping clients avoid potential merger and acquisition issues, as well as franchising questions.
Community Food and Resource Conservation Involvement. Lane Powell lawyers participate in a wide range of activities that benefit and sustain the Pacific Northwest’s farms, waters and the quality of life enjoyed by the residents and visitors to this region. Among other things, Lane Powell’s lawyers serve on the board of the Neighborhood Farmers Market Alliance, are members of the International Association of Culinary Professionals, and contribute regularly to non-profit organizations that seek to cultivate jobs of culinary professionals, like the Seattle Chapter of Les Dames d’Escoffier, and to preserve this region’s natural amenities, such as Conservation Northwest.
Single Source for Legal Needs
With its wide selection of practice areas, Lane Powell offers its food, beverage and hospitality clients a single source for their legal needs.
The Firm brings proven legal proficiency to real estate, financing, public/private partnership, employment and franchise matters, to name a few. Clients have a single contact attorney for convenience and effectiveness.
Food, Beverage and Hospitality
Food, Beverage and Hospitality
Representative Transactions
The value that Lane Powell lawyers and staff can add to your business ventures stems from our following areas of legal experience and expertise.
Experience
- Recent cases litigated by Lane Powell include some of the largest fresh fruit and vegetable trademarks for agribusinesses in California. Indeed, the current leading cases in plant trademark and patents have been litigated to conclusion by Lane Powell lawyers. See Van Well Nursery v. MONY Life Insurance Company, 421 F.Supp.2d 1321 (E.D. Wash. 2006)(apple cultivar trademark claim dismissal) and 362 F.Supp.2d 1223 (E.D. Wash. 2005)(apple plant patent cultivar claim dismissal).
- Successfully defending Moe’s Southwest Grill – one of the fastest-growing franchises in the country with more than 250 Tex-Mex restaurants – against trademark infringement and dilution claims brought by Mo’s, a chain of Oregon seafood restaurants. Mo’s sought a nationwide injunction, but the judge granted a motion for summary judgment and dismissed all claims, allowing Lane Powell’s client to continue its expansion plans.
- Successfully representing several restaurants against e-coli and salmonella food liability claims.
Food, Beverage and Hospitality
Food, Beverage and Hospitality
Lane Powell Client Reser’s Featured in Portland Business Journal Article About its Suit Against a Food Manufacturer for Appropriating its Special Cooking Technique
Davis, Julianne R.Legaard, Brenna K.
Lane Powell client Reser’s Fine Foods was featured in a Portland Business Journal article on January 24 titled “Reser’s Says Ohio Company Appropriated its Cooking Technique.” The article discussed Reser’s, a Beaverton-based food manufacturer, suit against Bob Evans Farms Inc., an Ohio-based food company, for absconding its special baking method for side dishes, which Reser’s spent $10 million developing. Lane Powell Shareholder Brenna Legaard and Counsel to the Firm Julianne Davis are representing Reser’s in the case. In 1998, Reser’s began manufacturing a line of side dishes for Bob Evans Inc. These side dishes were known as “hot fill” foods, or products that are cooked in kettles, packaged in microwavable containers and sealed while hot. Reser’s spent three years and $10 million perfecting a baked process that was a significant improvement over the “hot fill” process and produces a superior product. Bob Evans employees toured Reser’s baking facility, where they viewed the production lines and observed secret steps and confidential food preparation procedures. Reser’s regularly notified Bob Evans that their baking process was proprietary and confidential. Reser’s is claiming that Bob Evans breached their nondisclosure agreement and misappropriated trade secrets when Bob Evans began producing a line of similar side dishes using the unique baking technique created by Reser’s.
We Are What We Eat — The Origins and Current Legal Status of ‘Natural’ and ‘Organic’ Food Labels
Swanson, Paul D.Lane Powell Shareholder Paul Swanson authored an article titled “We Are What We Eat — The Origins and Current Legal Status of ‘Natural’ and ‘Organic’ Food Labels,” which is now posted on the website for Gastronomica: The Journal of Food and Culture. In the article, Swanson traces the evolution of the food promotion terms “organic” and “natural” in their historical context and analyzes how federal and state laws now define and regulate their commercial usage.
Patenting Enhanced Taste and Food Processing: Some Engaging Current Developments
Patenting food processing and flavor-enhancing techniques is a cutting-edge legal endeavor. We will address some fascinating new developments in food processing technology and patent litigation. Today’s patent law market basket is filled with two patentable innovations: 1) an edible biofilm to address and prevent the problem of cherry cracking, and 2) an acoustic sound technique [...]
Where’s the Juice? False-Advertising Litigation Over Pomegranate Juice Provides a Classic Study
Swanson, Paul D.Lane Powell Shareholder Paul Swanson authored an article in Seattle Business magazine’s February 2012 issue titled “Where’s the Juice? False-Advertising Litigation Over Pomegranate Juice Provides a Classic Study.” In the article, Swanson discussed food product misbranding, using the case Pom Wonderful vs. Ocean Spray as an example of false-advertising litigation.
The Taste of Patentable Innovations — What Happens When Scientific Research Enters the Kitchen?
Swanson, Paul D.Most chefs would never think of downloading recipes from the United States Patent and Trademark Office patent database. To quote a Martha Stewart catchphrase, that’s probably “a good thing.” Patentese can collide mightily with the common sense of cooking, as the Chef America v. Lamb-Wesson case demonstrated. That 2004 case involved a dough-producing process, which included a step of “heating the resulting batter-coated dough to a temperature in the range of 400° F to 850° F for a period of time ranging from 10 seconds to 5 minutes” to first set the batter and melt the shortening flakes.
Far East Meets Pacific Northwest: A Celebration of Chinese and Japanese Culinary Traditions from the First Half of the 20th Century
Swanson, Paul D.Chinese and Japanese immigrants making their way to the Pacific Northwest often earned their living by farming, tending stores, toiling in the back kitchens, or waiting on restaurant patrons. To avoid the slings and arrows of blatant discrimination, they formed enclaves and found much comfort in their own families, church groups, and ancestral traditions. View full article (PDF).