Companies that produce, distribute and sell food and beverage products share a unique set of regulatory and operating issues. Cox Smith advises some of the largest such companies in the Southwest, including those that have multistate and even multinational concerns. We understand the issues that are unique to the industry, and offer integrated counsel from our firm’s full range of business law and litigation services.

Client Focus

• Food and beverage distributors
• Food and beverage retailers, including convenience stores
• Soft drink producers
• Restaurants

Services to food and beverage distributors
Because a number of our clients are wholesalers and distributors of food and beverage products to both retailers and restaurants, we advise them on the complexities of negotiating supply agreements in compliance with licensing and consumer protection regulations. For clients involved in the distribution of alcoholic beverages, we offer knowledge of the applicable liquor licensing and permitting laws.

Beyond these issues, we work with distributors and wholesalers on all aspects of their day-to-day operations, from employment law compliance to the contractual arrangements for installing information technology systems.

Services to food and beverage retailers
Our services to food and beverage retailers include such general corporate work as finance, tax counsel, and company and division acquisitions and sales. We also advise on issues involving:

• Labor and employment, particularly immigration law compliance, union issues, and harassment or discrimination complaints
• Employee benefits (for example, we handled the tax aspects of helping a major Texas-based operator of supermarkets become one of the largest employee stock ownership plan employers in the country)
• Real estate purchases, sales and leasing
• Intellectual property (protecting trademarks, copyrights, and service marks) and related issues in marketing, advertising and signage (including store displays)
• Contracts with vendors and suppliers, and related pricing and antitrust issues
• Litigation and dispute resolution counsel in general commercial issues and such focused concerns as premises liability
• Representation in bankruptcy proceeding, both as a creditor/franchisee and as a debtor.

Services to soft drink producers
Cox Smith advises a well-known producer of soft drinks on ways to protect, manage and supervise copyright and trademark portfolios, and to prosecute and enforce patents. We integrate our services for the prosecution, registration and protection of trademarks, copyrights and patents with a business eye for our client’s competitive needs years into the future, with a strong focus on protecting the well-established brand name and related competitive trade secrets. That includes strategic planning for mergers and acquisitions designed to leverage IP strengths, as well as licensing agreements that both extend and protect ownership rights in the U.S. and other countries.

Services to restaurants
Our restaurant clients face a host of issues for which we offer proactive problem resolution. The following are typical of the industry needs that we address:

• Assistance with employment and labor matters, including compliance with wage and hour laws, handling of OSHA and other inspections, union organizations and collective bargaining, immigration law compliance, and defense against allegations of discrimination, harassment and wrongful discharge.
• All aspects of real estate transactions, from financing to zoning approval to structuring leases and advising on the environmental regulations that apply to food service operations.
• Litigation of claims involving landlord/tenant disputes, negligence, personal injury, product liability, property damage and insurance coverage.
• Drafting food service contracts, securing liquor licenses and permits and resolving issues with the Texas Alcoholic Beverages Commission and similar commissions in other states.