Litigation

From contract issues with distributors or suppliers, to false product claims or a product recall, commercial disputes are an inevitable part of doing business in the food, beverage and agribusiness industries. We draw on McDermott’s deep bench of litigators, which includes lawyers with substantive experience and knowledge in class actions, consumer fraud, data privacy and breaches of privacy, FDA compliance, false claims, and marketing and pricing.

Product liability issues and class action exposure are major concerns for many of our clients in this sector. We have extensive experience representing food stores and food processors in toxic tort litigation and in suits alleging various types of personal injury. Our class action lawyers obtain precertification dismissals and summary judgments, defeat class certification and obtain decertification of classes in multijurisdictional cases across the United States and internationally.

Our white-collar and securities defense practice helps clients navigate difficult challenges, including internal and external investigations. Following reports of potential misconduct or violations of state or federal regulations, we assemble experienced teams that respond to government investigations, including congressional hearings and parallel proceedings, and defend companies at trial. We work swiftly and discreetly to resolve issues with the goal of minimizing reputational harm and business and financial disruptions.

In the event that a corporation suspects wrongdoing or impropriety by one of its employees, officers, agents or distributors, we conduct confidential internal investigations to determine the nature and extent of the suspected misconduct, assess the implications of an employee’s alleged misconduct, criminal or otherwise, and advise company officers on how to handle a matter of noncompliance. We help identify possible improvements in policies, procedures, communications and training to help avoid the development of further problems.