Agribusiness

Attorneys in the Corporate Group help clients in entity formation and operation, developing and negotiating contracts for the sale of goods, license agreements, and distribution agreements. In consultation with foreign counsel, we also assist clients in structuring contracts to comply with foreign law.

California leads all other states in farm output and is a trailblazer in food manufacturing and processing.  Food manufacturing and processing companies face distinctive challenges, and Weintraub Tobin works closely with the industry and has gained experience and knowledge in the most recent regulatory issues, technologies, and industry practices to guide and counsel our clients through the maze of state and federal industry regulations and laws.

Weintraub Tobin understands the myriad of legal complexities involved in food businesses, including the drafting of agreements, protecting intellectual property, complying with labor and employment issues, unfair competition, and the protection of trade secrets.  Our strong relationships within the industry, including a strategic partnership with the Milk Producers Counsel, has enabled Weintraub Tobin to assist food entrepreneurs throughout California to establish, grow, and maintain successful businesses.

 

Representative Agriculture Business Matters:

  • Represented nutraceutical company in a private financing and registration for resale on Form S-1 with the Securities & Exchange Commission for approximately $100 million
  • Represented a nutraceutical company in a registered direct offering on Form S-3 with the Securities & Exchange Commission for approximately $125 million
  • Represented nutraceutical company in acquisition of international production facility for approximately $14 million
  • Represented nutraceutical company in a private financing and registration for resale on Form S-1 with the Securities & Exchange Commission for approximately $100 million
  • Represented publicly traded life sciences company in several rounds of private institutional financing with aggregate proceeds in excess of $50 million
  • Represented Fortune 500 Company in the $5,200,000 acquisition of a premium family vineyard property located in Sonoma, California
  • Represented Fortune 500 Company in the $59,000,000 acquisition of a name brand winery operation located in Sonoma County, California
  • Represented vineyard owners in contract issues for sale of grapes to large winery
  • Represented vineyard owners in negotiation of easement for access to land-locked properties
  • Represented a trucking company that provides trucking services in the agriculture area in certain corporate matters, including truck and equipment acquisition and financing

The attorneys in our Banking & Finance, Creditors’ Rights and Bankruptcy groups are familiar with issues of concern to both agricultural lenders and borrowers. We have represented lenders in unsecured loans, subordinated debt transactions, real estate loans and loans secured primarily by crops or other personal property. We have represented lenders and debtors in structuring workouts of distressed loans and foreclosures of agricultural property. We also are familiar with the unique characteristics of collateral involved in agribusiness lending transactions and are experienced in assisting both borrowers and lenders in evaluating such collateral.

Representative Agribusiness Lending and Finance Matters:

  • Represented a publicly-traded solar energy facility developer in several rounds of financing (PIPEs), and subsequent strategic investment and change of control with a NYSE-listed foreign company
  • Represented publicly-traded solar power company in going private transaction
  • Represented lender in construction financing on 23 solar energy projects totaling $56,783,274
  • Represented an agricultural borrower in a $260,000,000 loan transaction
  • Represented a fruit and vegetable processor in a $150+ million debt financing
  • Representation of agricultural biotechnology company in funding agreements and strategic corporate partnering agreements
  • Represented biotechnology company in $18 million venture financing transaction
  • Represented the $75 million dollar debt financing for a manufacturing company
  • Represented a private investment fund with mezzanine investment of $3.35 million in agricultural products company
  • Represented landowners/ farmers in the sale of property to E&J Gallo Winery

Representative Agriculture Regulatory Compliance Matters:

  • Represented private agricultural biotechnology company in sublicense agreements and agreements with university technology transfer offices
  • Represented private agricultural biotechnology company in material transfer and research collaboration agreements with foreign institutions
  • Represented numerous dairies in obtaining air and water quality permits as well as, compliance with California Environmental Quality Act (“CEQA”)
  • Represented ethanol plant in obtaining land use and other control permits, including CEQA compliance
  • Represented composting facility in obtaining land use and CEQA approval
  • Engaged in permit due diligence for large packing house prior to acquisition of facilities in California
  • Represented irrigation district in numerous litigation and administrative cases
  • Represented numerous agricultural chemical companies in environmental compliance and litigation issues regarding contaminated property, property transactions, and cleanup issues
  • Represented large trucking facility with respect to air quality issues
  • Represented fruit packer with respect to water issues and Proposition 65
 
Meritas Capability Webinar: Doing Business in California, Proposition 65

Summary of Webinar: California laws and regulations are replete with California specific provisions that can trip up the out of state manufacturer, supplier or retailer of goods in the state. Manufacturing for,

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Upcoming Webinar: FSMA Made Simple: Strategic & Tactical Approaches In Preparing For New Regulations

Attorneys Lee Smith and Alden Parker will present at an upcoming webinar: “FSMA Made Simple: Strategic and Tactical Approaches In Preparing for New Regulations” at 2 p.m. August 14. After participating in this webinar,

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Weintraub Tobin and Waldron & Bragg Merge

Download: WTWB Merger Press Release FINAL.pdf Weintraub Tobin Chediak Coleman Grodin Law Corporation and Waldron & Bragg, a professional corporation, have jointly announced the merger of their business law and litigation firms.

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Weintraub Tobin Raises Money for American Heart Association

Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,

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Eight Shareholders Named 2014 Best Lawyers in America®

Weintraub Tobin Chediak Coleman Grodin, a business law and litigation firm, is pleased to announce that eight of its partners were recently selected by their peers for inclusion in the 2014 edition of Best Lawyers in America®.

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Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers

Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.

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DTSC Announces Three Priority Products under the Green Chemistry Regulations

By Agricultural Law DTSC on Thursday March 13, 2014 announced the first three Priority Products under the Green Chemistry Regulations.  The manufacturers of these products that sell into California are now on a regulatory time schedule to try to find alternatives to the use of the identified chemicals in the specified products.  

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New Proposed Prop 65 Warning Label Regulations

By Agricultural Law The Office of Environmental Health Hazard Assessment (OEHHA) under the auspices of Governor Brown’s declaration in May 2013 (after a failed legislative effort)  that he would further reform Prop 65,

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DTSC Issues Final Green Chemistry Regulations

With little public notice the final version of the Green Chemistry regulations has been released. The final regulations show no substantive changes made to the regulations from the April version that has already been reviewed and commented upon.

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Prop 65 Revisions are Ongoing, Public Meeting on July 30, 2013

This is from OEHHA’s website; the colored comments are ours. On July 30, 2013, the Office of Environmental Health Hazard Assessment (OEHHA) will hold a public pre-regulatory workshop for the purpose of gathering input from interested parties on the content of a regulation that would address Proposition 65 warnings.

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FDA Proposes Arsenic Action Level for Apple Juice

On July 12, 2013 the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice. The 10 ppb is the same as EPA arsenic in drinking water standards.

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