From establishing a new business to creation and development of a new product line or negotiating the terms for a merger, acquisition, sale, license, joint development or financing, our attorneys help agribusiness clients develop opportunities and confront challenges throughout their business growth stages.

  • Our attorneys serve as trusted advisors to a wide range of agribusiness clients, including controlled environment agriculture companies, grain processors and traders, venture capital funds and strategics investing in Agri Food and Ag Tech companies, ingredient companies, and traditional and cutting-edge inputs companies focused on enabling higher yielding and more sustainable crops.
  • Our team is well-versed in all areas of law affecting the agribusiness industry, including forming, financing and acquiring agriculture businesses, joint development or collaboration endeavors, protecting intellectual property for new products and processes, guidance on new product commercialization, corporate governance, regulatory, litigation, tax and real estate.

Agribusiness Primary Sectors:

  • Agriculture Finance, including debt, venture capital and strategic investments
  • Animal and Pet Feed, Treats & Supplements
  • Food Products, Additives, & Nutraceuticals, including gene edited crops and foods
  • Food Production, Distribution & Waste Prevention
  • Crop Inputs, including crop protection, plant health, biologic products and seeds
  • Controlled Environment Agriculture (CEA)
  • Grain and Grain Processing
  • Natural & Organic Foods
  • Restaurant & Grocery

Transactions

Our experienced attorneys advise on deals across all spectrums of the agribusiness industry. Leaning on our deep relationships and institutional knowledge to guide through their most complex transactions in this heavily regulated industry. Working in partnership with clients, our attorneys deliver corporate and financing advice to meet their needs, whether that be developing new business strategies to expand product offerings, capitalizing on the global market, or protecting assets. From venture capital and emerging growth companies to private equity mergers and acquisitions and beyond, our dedicated team of attorneys well versed in the Agribusiness market have advised clients on numerous deals and transactions.

Regulatory & Litigation Disputes

Polsinelli’s Agribusiness team understands that our agribusiness clients are bound by regulations determined by the regions and jurisdictions in which they operate. These regulations are not stagnant and can leave agricultural companies exposed if they do not stay apprised on regulatory updates. Our attorneys work closely with our clients to ensure legal or regulatory matters do not become a stumbling block to their growth. When companies do encounter a compliance issue, regulatory enforcement, and/or a consumer or competitor challenge, our team is prepared to address these matters head on to minimize business disruptions.

Intellectual Property

Our attorneys have significant experience helping agribusiness clients from the creation of a new product or process to its commercial release. Polsinelli’s team can help manage global patent and trademark portfolios, prepare opinions, counsel clients on freedom to operate issues, prepare patent landscape analysis, develop licensing agreements, and evaluate strengths & weaknesses of patent portfolios in connection with acquisitions, industry collaborations and new product development. In addition to helping protect cutting-edge technologies and new strains, our intellectual property-focused agribusiness attorneys have issued numerous opinions on patentability, non-infringement, validity and overall industry landscapes in areas related to food products, animal health, processes, packaging, fertilizers, renewable energy process, energy products and mechanical inventions.

Polsinelli not only provides guidance for new product creation and development but also has experience in brand development and protection for successful market launch. Services include strategic advice and guidance on trademark and copyright clearance, protection and enforcement, advertising and branding creation and analysis, Internet and domain name issues, and trade dress protection and enforcement for agribusinesses. Polsinelli understands the agribusiness industry from a global perspective and provides guidance tailored to our client’s business strategy for R & D teams, in-house legal counsel and the C-suite.

Read More
Publications
All Publications
The Corporate Transparency Act and Agribusiness and Ag Tech Companies
From family farms and businesses to established agribusinesses to emerging ag tech companies, a new federal law requires business entities to disclose their owners’ and control persons’ personal information, and for many entities, the time for disclosure is now.  Why this matters for you. From Wall Street to Main Street to your street, the vast majority of private and many nonprofit entities will be swept into Corporate Transparency Act (CTA) compliance. If you own or control a company, you need to pay attention. Not only is initial reporting important, but so is ongoing compliance and coordination with other information and disclosures you are currently making, and similar filings companies make on a regular basis. For corporations, limited liability companies and limited
Read More
FDA Preemption of State Law for False Labeling Survives Appeal to Supreme Court
Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision holding that state consumer protection claims that rely on violations of the federal Food, Drug, and Cosmetic Act (“FDCA”) are impliedly preempted. In DiCroce v. McNeil Industries, 82 F. 4th 35 (1st Cir. 2023), the plaintiff brought a class action against a supplement manufacturer and its parent company, Johnson & Johnson, asserting state law deceptive trade practices and false advertising claims related to Lactaid, a supplement for individuals with lactose intolerance. The plaintiff argued Lactaid’s labeling was misleading because the product treats a disease, is therefore a
Read More