Green Business

Overview

More and more consumers place a premium on the health of their families, the planet, and the future of society. Consumers are no longer content with ordinary supplies of goods and services, but instead want to integrate their social, political and economic values with their purchasing power. We believe that entrepreneurs who respond to this market reality can combine business success with socially and environmentally responsible action.

The Wendel Rosen green business practice group consists of an experienced group of attorneys who advise and support companies that value health, the environment, and a sustainable economy. They have expertise in Natural Food Laws, Green Building and Business Law.

Wendel Rosen's green clients believe that smart business and long-term stewardship of natural and human resources can go hand-in-hand. We share this set of values and work with both start-up and established companies to achieve these goals with an eye to the future.


Laws Affecting Natural Food & Product Companies
There are many state and federal laws and guidelines governing the manufacturing, marketing and distribution of natural foods and products and sustainable agriculture. For clients in these industries, we handle a variety of matters, including those related to:
  • The Federal Food, Drug, and Cosmetic Act of 1938
  • Federal National Organic Program (accreditation, labeling, etc.)
  • California Organic Foods Act
  • Federal Dietary Supplement Health and Education Act of 1994
  • Federal Nutrition Labeling and Education Act of 1990

Advising in Green Building & the Environment
Attorneys in the Green Business Practice Group are experienced in specific areas of law that relating to green building and construction law, including:
  • Sustainable construction and design criteria (such as the U.S. Green Building Council's LEED program)
  • Laws mandating green building, recycling and waste management
  • Construction, architectural and engineering contracting
  • Public works and competitive bidding laws
  • Construction claims resolution and litigation

Business Law Services
New and growing businesses can suffer debilitating distractions unless they properly organize their basic business structures and assets. We have extensive experience getting businesses organized, including:
  • Capitalization
  • Business entity formation
  • Securities
  • Ownership and investor agreements
  • Employment agreements, employee handbooks and employee benefit plans
  • Incentive compensation
  • Secured and unsecured financing transactions
  • Ownership succession planning
  • State and federal taxation
  • Trademark & intellectual property registration, transfers, licensing and protection
  • Compliance with federal and state "Truth-In-Advertising" laws

In addition, businesses often encounter a range of legal issues connected to normal operations, which might include the following:
  • Co-packaging, distribution and product licensing agreements
  • Sales representative/broker agreements
  • Purchases and sales of food and other commodities
  • Real Estate matters including real property leases and acquisitions
  • Intellectual property protection
  • E-commerce, marketing on the Internet, and electronic transactions
  • Employment and human resources
  • Product liability and insurance
  • Confidentiality agreements
  • Litigation, mediation and arbitration
  • Bankruptcy, workout and lender matters
  • Small Business Administration loans
  • Mergers, sales and acquisitions

Environmental Practice Group
The firm's environmental practice works hand in hand with attorneys in the Green Business group and offers a full range of environmental counseling, transactional, and litigation services. For more information on their services, please visit the environmental practice page.
Experience
  • Served as outside general counsel to internet-based client, advising client on all matters ranging from contract negotiations/drafting, application for and enforcement of trademarks, and general employment matters.

  • Helped organize media-based client as limited liability company.

  • Revised contract template documents for energy efficiency contractor.

  • Advised leading Bay Area ice cream maker in trademark matters and licensing agreement with professional athlete.

  • Represented the manufacturer of natural organic fruit snacks in its acquisition by a leading national natural foods company

  • Assisted homeowner in resolving dispute with neighbors over construction of solar array in conjunction with complex green building home remodeling project.

  • Engaged as special income tax counsel to advise on the income tax consequences of a proposed downstream merger of a Delaware corporation engaged in the business of designing, manufacturing and installing photovoltaic solar energy systems. Representation included applying to the IRS for and obtaining a private letter ruling that the proposed transaction was not substantially equivalent to a taxable liquidation of the target company.

  • Successfully represented organics company against lawsuit by dissident shareholder and director of breaches of fiduciary duties, failure to allow inspection of corporate records, misappropriation of corporate opportunities, involuntary dissolution and wrongful termination of employment claims

  • Represented third party certifier in civil inquiry, request for production of documents and investigation by Federal Trade Commission concerning certification under the FTC’s Green Guides. Obtained dismissal of matter whereby FTC terminated inquiry and issued closing letter to client without requiring any remedial actions or mitigation measures from client.

Attorneys
  • Acevedo, William C.
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  • Brandt, Greggory C.
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  • Flor, Albert, Jr.
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  • Flushman, Bruce S.
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  • Green, Tracy
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  • Lyons, Richard A.
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  • Myers, Daniel B.
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  • Pak, Eugene M.
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  • Redding, Jonathan W.
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  • Simon, Donald S.
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Events & Seminars
Resources