In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Stephen Ravin, a partner in the firm’s Bankruptcy and Restructuring Practice, speak with Spencer Ware, Managing Director and Retail Practice Leader of national business advisory firm Riveron. They consider the challenges facing the food and beverage industry in the post-COVID world, from labor shortages and turnover to the effects of inflation on the prices of food, gasoline, and fertilizer. They explore how restaurants need to be flexible with their offerings, pricing and operations to thrive, for example by trimming portion sizes, maintaining flexible hours, and/or adapting menu items as the availability of certain proteins change. Finally, noting that restaurants and food suppliers have more negotiating power than ever before, the group discusses how it is imperative to work out arrangements with landlords and lenders at the earliest sign of trouble in order to remain financially sound.
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Brian Berger, principal and founding partner of JBH Advisory Group, which provides a variety of advisory services to stakeholders involved in scalable food service throughout the hospitality industry. They discuss the challenge of trying to maintain consistency in an industry where the product experience can never be the same twice, and how tools such as data analytics and strategic purchasing can be leveraged to that end. They also examine how innovations developed years ago, such as ghost kitchens and ventless cooking methodologies, have helped operators in the food and beverage industry adapt to pandemic-related challenges, particularly labor shortages and supply chain issues.
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Jennifer Beidel, co-chair of the firm’s White Collar and Government Enforcement Practice and a former federal prosecutor, about internal investigations. Jen and Jonathan discuss that, given the heavily regulated nature of the food, beverage, and agribusiness industries, internal investigations regarding potential regulatory violations are common. The two further discuss that internal investigations in the space could also involve allegations of misconduct or criminal issues. Jen guides listeners through the goals of the investigation at the outset, looking for potential conflicts between the group running the investigation and the witnesses to be interviewed, how best to keep the information being investigated privileged, and deciding how and when to report findings to the appropriate regulatory body. Jen and Jonathan emphasize the importance of having a robust compliance program in place and thinking through a preliminary investigative plan before it is needed to understand compliance trends and help reduce risk.
In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Casey Grabenstein, a partner in the firm’s Litigation Practice, speak with Mark Haraburda, CEO of Barchart, a leading provider of commodities and exchange data. They discuss how the digital age has not only impacted boards of trade going from the open-outcry days of traders shouting and giving hand signals on the trading floor to a two-way electronic trading environment, but also how today’s technology has leveled the playing field for all sizes of farmers, cooperatives and agriculture companies to easily and quickly access real-time data and seamlessly conduct business. For example, the traditional way of farmers selling grain has evolved from face-to-face interactions at the co-op or grain elevator to transactions being conducted over mobile apps that connect farmers to merchandisers instantly.
In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Sandy Bilus, co-chair of the firm’s Cybersecurity and Privacy Practice, about how cyber criminals are targeting agribusiness and food companies and the ways these companies are vulnerable to cybersecurity attacks, such as ransomware attacks that significantly disrupt operations. They discuss three key steps that companies should be taking right now to help handle and prepare for cyber threats, including having comprehensive information security programs, viable data backups, and written incident response plans in place, as well as cyber insurance.
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Justin Danilewitz, a litigator in the Firm’s White Collar and Government Enforcement Practice and a former federal prosecutor, about the Responsible Corporate Officer (RCO) doctrine, also known as the Park doctrine, and how it impacts the FBA industry. Justin addresses how under the federal Food, Drug and Cosmetic Act (FDCA), the RCO doctrine can result in strict criminal liability for an individual who stands in a position of responsibility with respect to lower-level employees as a result of the conduct of those employees, even without knowledge of that conduct. Although strict liability for a criminal offense – without knowing participation in the conduct – is rare, the U.S. Supreme Court has recognized this exceptional approach in the public welfare context, since public health and safety is paramount in the FBA industry. Jonathan and Justin discuss the practical applications of the doctrine, how the U.S. Food and Drug Administration (FDA) partners with the Department of Justice (DOJ) on enforcement of the RCO doctrine, how federal prosecutors tend to look for evidence, and how companies can implement rigorous policies, procedures and training programs to help maintain compliance.
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Tony Pavel, Senior Food Lawyer and Global Food Law Team Leader at Cargill, a global food, agricultural, financial and industrial products company. These former colleagues discuss how food law has grown more complicated over the years, particularly in relation to FDA’s Food Safety Modernization Act (FSMA), traceability, the increasing globalization of supply chains, and consumers demanding labeling transparency and vast product information. They also discuss potential regulatory changes on the horizon given both technological advances in data-driven areas, such as rapid testing, and the beginning of the Biden Administration.
Host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Anthony Sepich, CEO of Firm client Pipeline Foods, a supplier of organic and non-GMO food and feed ingredients for the consumer packaged goods and livestock industries. They discuss Anthony’s long career in the food industry and how trends have changed over the past several decades, particularly with organic food and clean labels. Anthony addresses how consumer demand for organic products is on the rise, a trend which is only expected to grow. He also addresses topics such as mislabeling of foods imported into the U.S. (e.g., “organic” products that don’t meet USDA’s organic standard), and how communication about disruptions in the supply chain has recently gotten much better. Finally, Anthony explains how a global database that does a quick mass balance and is shared across the supply chain would go a long way in reducing fraudulent product.
In this episode, host Jonathan Havens speaks with Kermit Nash, both of whom are co-chairs of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, about how the COVID-19 pandemic has disrupted the production and distribution of food and beverage products—from dairy farms having to dump milk that would spoil before it reached its destination to disruptions with food supply going to schools, conventions and restaurants. Kermit addresses some positive impacts on the industry, such as how sourcing local food and organic/better-for-you food products have really flourished during the pandemic and how we saw direct interaction among those on the regulatory, production and consumption sides in pivoting from large bulk packaging to smaller packaging.
In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with fellow FBA Practice co-chair, Jonathan Havens, on the portfolios of the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). Jonathan also explains how both federal agencies have relaxed some rules for FBA companies during the pandemic and implemented some business-minded solutions. For example, the USDA has helped the agribusiness sector via the Coronavirus Food Assistance Program, has worked to get financial relief directly to farmers, and has helped food banks and distribution networks cut through red tape to get food to the last mile. Also in this episode, Jonathan addresses some of the latest cannabidiol (CBD) and hemp regulatory developments.
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with the Firm’s Labor and Employment Practice vice-chair Dena Calo and Carrie Leishman, president and CEO of the Delaware Restaurant Association, about how the restaurant industry has managed throughout the pandemic and the potential road ahead. They discuss how the industry is fighting hard to adopt new practices with more delivery, takeout and outdoor dining options as well as safety measures, while also getting some financial assistance from the government. In addition, Carrie talks about rolling out a rapid workforce training program to help increase restaurant workers’ chances of reemployment, upskilling and higher wages, and also about the association’s work to assist women in the hospitality industry.
Host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Barry Chatz, a partner in the Firm’s Bankruptcy and Restructuring Practice, on a variety of financial issues and restructuring and bankruptcy tools and considerations for FBA companies, including how many have shortened their periods of cashflow analysis from quarterly to weekly or daily to determine if they can survive. Barry explained how certain federal laws, such as the Perishable Agricultural Commodities Act and Packers and Stockers Act, help ensure that full payments are first made to producers and wholesalers of agricultural products before others.