- What We Do
- Food & Beverage
Garvey Schubert Barer’s Food & Beverage group offers the depth of industry knowledge and experience of a boutique firm with the resources and breadth of a full-service mid-sized firm. Supported by corporate, regulatory, intellectual property and entertainment attorneys, the group services the needs of entrepreneurial food and beverage brands, established corporate brands, and the angel, venture capital, private equity and celebrity investors who fund those brands.
Helping clients identify and navigate the myriad of commercial and regulatory issues within the food and beverage industry, GSB’s counsel allows brands and investors to focus on growth opportunities and maximize business potential. Our attorneys represent early-stage ventures to established businesses, including packaged food and beverage companies, subscription box companies, candy manufacturers, processors and distributors, restaurants, breweries, wineries, distilleries and retail stores, as well as individual investors and venture capital and private equity funds who invest in the industry.
The core of our work in this sector involves:
- Corporate and securities, including formation, capital raises and financing
- M&A and joint ventures
- Manufacturing, co-packing and co-manufacturing
- Supply and distribution
- Intellectual property, including trademark and copyright registration, protection of trade secrets and licensing
- Marketing and advertising, including brand ambassador and celebrity endorsement arrangements, co-branding and co-sale initiatives
- Regulatory advice and counseling, including on ingredients, labeling, product claims and food safety matters
- Alcoholic beverage licensing and regulation
- Labor and employment
The firm's full-service capabilities also give brands and investors access to a broader range of services from which many of our food and beverage clients benefit, such as litigation and alternative dispute resolution, tax, employee benefits and executive compensation, trusts and estates (including succession planning), immigration and real estate.
Assisted major beer company in filing a successful letter of protest with the Deputy Commissioner of the United States Patent and Trademark Office regarding an application for a confusingly similar trademark.
Represented creditors' committee in Chapter 11 individual debtor case of restaurant owner/manager/consultant. Assisted committee in negotiating a plan paying approximately 80% on unsecured claims.
Represented Chapter 11/7 trustee in bankruptcy proceeding of agricultural cooperative; obtained summary judgment that purchasers of debtor's frozen foods/canning operations were not entitled to administrative expense priority for vacation pay paid to employees pursuant to collective bargaining agreements; successfully represented trustee in adversary proceeding for declaratory judgment that Perishable Agricultural Commodity Act (PACA) claims of growers were invalid.
Represented a food manufacturer in reviewing a $50 million construction contract.
Structured and drafted commercial lease for Seattle-based brewery, including tenant improvement provisions permitting modifications to the premises for brewing and retailing craft beer.
Multnomah County Circuit Court, Portland, Oregon
Successfully defended national restaurant chain in statewide wage and hour class action lawsuit in two separate eight-week jury trials, eliminating 92% of all class members and reducing damages to 8.7% of claims.
Representation of landlords of shopping centers negotiating leases with restaurants, fast food outlets, and coffee shops, including Applebee’s, Mitzel’s American Kitchen, Hooters, Houlihan’s, Rock Bottom Brewery, Quiznos, Burger King, Subway, McDonald’s, Wendy’s, Starbucks, Tully’s, Ben & Jerry’s, and Cold Stone Creamery.
Drafted commercial leases for hotel owner in its capacity as landlord to restaurateur tenants that provide room service to hotel guests; located in historic Pike Place Market.
Represented a Portland-based coffee company in its acquisition of new a roasting facility location in Southeast Portland, and long term leases for several new retail locations throughout the Portland area and in Southern California.
News & Events
- GSB Newsroom, 3.25.19
- GSB Newsroom, 4.18.18
- GSB Newsroom, 3.15.17
- Supply Chain World Magazine, 2.22.17
- Food and Drink Magazine, Spring 2017
- "CBD and Hemp: How the 2018 Farm Bill May Impact Alcohol’s 3-Tier System," ABA Business Law Section Spring MeetingPanel discussionVancouver, BC, 3.29.19
- "Marketing & Business Development - Senior Associate Panel," LMANext Seattle: December Lunch 'n LearnPanel DiscussionSeattle, WA, 12.11.18
- Speaking EngagementNew York, NY, 6.21.18
- “Weed Tourism: What to Know Before Holding Cannabis Functions at Your Premises,” HLC Series 2.0 – Houston (The Hospitality Law Conference)Speaking EngagementHouston, TX, 4.12.18
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