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Experience
Food, Beverage and Liquor
Product Labeling
Advising food, beverage, dietary supplement and cosmetic manufacturers advice on product labeling for new and existing product lines, including the following:
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Human and animal food.
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Compliance with FDA and USDA requirements for label information.
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Nutrient content claims, health claims, and competitive claims.
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Organic and bioengineered claims.
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Allergen disclosures.
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Unique requirements for online sales.
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Chain-store menu and vending machine labeling requirements.
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Food import requirements.
Food Safety
Advising food manufacturers, distributors and retailers on food safety matters, including:
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Food safety plans and good manufacturing practices.
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Supply chain verification, including foreign suppliers.
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Contracting with co-manufacturers and development of private label products.
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Approved ingredients for food products, including addition of CBD to foods and supplements.
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Food recalls.
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FDA registration and USDA grants of inspection.
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State and local health and safety regulation and licensing.
Liquor License
- Representing clients, including purchasers of major hotels and investors, in obtaining liquor licenses for retail service locations as well as for wineries and distilleries.
- Advise regarding state and local laws concerning delivery of alcohol beverages in connection with online food delivery service.
Energy Regulation and Policy
Scottish Power plc Acquisition of PacifiCorp
Represented ScottishPower in obtaining regulatory approval from six states for its acquisition of the electric utility PacifiCorp. This was the first acquisition of a United States public utility by a foreign company and presented many novel issues for that reason. It also required the coordination of multiple state proceedings and requirements to achieve consistent results.
MDU Resources Group Inc. Acquisition of Cascade Natural Gas Corporation
Represented MDU Resources Group and Cascade Natural Gas Corporation in state proceedings in Washington and Oregon for regulatory approval of MDU's acquisition of Cascade.
Cost Management Services v. Cascade Natural Gas Corporation
Utilities and Transportation Commission of Washington
Defended successfully a natural gas utility against a claim by a competitor challenging its authority to sell gas to large customers.
Infrastructure Project Development and Finance
Canada-to-California Electric Transmission Project
Represented a consortium of electric utilities seeking local, state, and federal permits and approvals for construction of 1,000-mile electric transmission project in Washington, Oregon, and California.
Solar Energy Installations
Represented the developer of privatized military housing in transactions involving the installation of large-scale solar generation systems on rooftops and ground arrays.
Community Solar Energy
Representing the developer of community solar energy projects involving panel sales, PPA with utility, and net metering arrangements.
Wind Power Projects
Representing investors in wind power projects on due diligence and transactional matters with regard to acquisition of projects.
Energy Litigation
Klamath Tribes of Oregon, et al. v. PacifiCorp
U.S. District Court for the District of Oregon
Achieved summary judgment in favor of PacifiCorp, defeating claims by the Klamath Tribes that they suffered over $1 billion in damages because of harm to salmon fisheries caused by dams on the Klamath River. The decision was also affirmed on appeal.
Wah Chang v. PacifiCorp
Circuit Court of Oregon, Linn County, Public Utility Commission of Oregon, Court of Appeals of Oregon
Defended a utility successfully in its dispute with an industrial customer arising from the Western energy crisis of 2000-2001.
Communications
TracFone Wireless ETC Application
Public Utility Commission of Oregon
Represented a wireless telecommunications provider in obtaining eligible telecommunications carrier (ETC) status for Lifeline service.
Rate Case: Qwest Communications International Inc. Oregon Rate Case
Public Utility Commission of Oregon, Circuit Court of Oregon, Marion County
Appealed successfully a PUC order, obtaining reversal of a $97 million annual revenue reduction and obtained the desired rate design
Pole Attachment: Central Electric Cooperative Inc. v. Qwest Communications International Inc.
U.S. District Court for the District of Oregon, Oregon Public Utility Commission
Defended Qwest Successfully against a claim for $20 million in regulatory penalties for unlawful pole attachments. Obtained a full summary judgment and negotiated a new pole attachment agreement.
Northwest Public Communications Council v. Qwest Corporation
U.S. District Court for the District of Oregon, U.S. Court of Appeals for the Ninth Circuit, Oregon Court of Appeals, Oregon Public Utility Commission
Defended Qwest successfully against refund claims by payphone service providers in multiple forums and appeals.
Litigation
Integra Telecom Inc. v. Twin City Fire Insurance Company
U.S. District Court for the District of Oregon
Represented a telecom provider in a lawsuit to establish insurance coverage for defense and settlement of a consumer class action.
Indoor Billboard / Washington Inc. v. Integra Telecom of Washington Inc.
King County Superior Court (Washington), Washington State Supreme Court
Obtained summary judgment in a Washington Consumer Protection Act (CPA) class action, establishing rule that causation element of CPA claim requires proof that defendant's acts were proximate cause of plaintiff's injury. 170 P.3d 10 (Wash. 2007).
Lane v. Kitzhaber
U.S. District Court for the District of Oregon
Representing a plaintiff class of developmentally disabled individuals in class action lawsuit to increase opportunities for employment in integrated work settings. Obtained class certification.
Attorney General Investigations of Qwest Communications
Represented the telecommunications utility and wireless provider in multistate attorneys general investigations into alleged unlawful trade practices; negotiated favorable settlements.
