William Fry provides a “one stop shop” service to our clients in the food and beverage sector, ensuring a seamless, solution orientated approach. Our Food & Beverage Group has an in-depth industry knowledge, and combines our highly regarded corporate and M&A lawyers, with our regulatory specialists and topranking intellectual property lawyers, who focus on supply chain managementand getting our clients’ products to market. Our tax lawyers have wide experience in advising on the setting up of tax efficient corporate structures and specific IP related tax planning.
We represent clients across the sector, from public limited companies with worldwide operations to indigenous privately owned entities. The recent trend of consolidation amongst food and beverage companies, and the increasingly export-driven sales market can provide many challenges and hurdles for companies. William Fry is to the forefront in advising on the issues that can arise in those circumstances, focusing always on delivering the best results for our clients.
Areas of expertise include:
- Advertising, comparative advertising and endorsement agreements
- Commercial agreements including outsourcing, supply, manufacturing and packaging arrangements
- Corporate and tax structuring
- EU and competition law (including merger control)
- Food and product health and safety (including infant milk products)
- Grant arrangements
- Intellectual Property including trade mark portfolio management, exploitation of IP and enforcement of IP rights
- Mergers and acquisitions, fundraisings (equity and debt)
- Packaging and labelling
- Product liability and recall (and minimising brand and financial damage)
- Regulatory advice on investigations by regulatory bodies, product claims, advertising
We provide ongoing advice on a confidential basis to some of the country’s largest food and beverage providers. Our experience includes:
Boyne Valley: advising one of the leading players in the Irish food, personal care and home care product sector on the acquisition from Premier Foods Plc of Chivers Ireland Limited (the Ireland based jam and jelly producer), Erin (the Ireland based soup brand and soup producing company), Gateaux (the Ireland based cake and baked goods manufacturer), and McDonnells (the Ireland Ireland based noodles and curry producer. We also advise them on the launch of new products including specific advice on trade mark protection and infringement as well as advice relating
to comparative advertising and the commercialisation of the brands including by way of television advertisements.
Jacob Fruitfield Foods: advising one of the leading Irish food companies on brand protection including trade mark infringement disputes, parallel importation and obtaining search and seizure orders against infringing groceries. We also advise on the implementation of outsourcing and licensing arrangements. Most recently,we advised the shareholders of Jacobs Fruitfield on its merger with Valeo Foods(combining brands such as Batchelors, Shamrock, Jacobs Fruitfield, Chef), creating one of the largest indigenous food groups in Ireland with a combined turnover of €300 million.
Keelings: advising one of Europe’s largest fruit and vegetable distributors on ongoing corporate, competition and compliance matters.
Northern Foods plc: Northern Foods plc (the producers of brands such as GOODFELLAS PIZZA, FOX’s and DONEGAL CATCH) on its €668 million sale to the Boparan Group, the first public takeover structured as a cross-border merger. We also advise on various commercial and intellectual property issues as well as advice on advertising and the promotion of competitions.
Red Bull: advising on the protection of its brand identity against new competitors in the market, and on advertising and labelling requirements and compliance with ASAI Code of Practice.
Robert Roberts Limited: advising on corporate, commercial and regulatory matters.
Starbucks: advising the premier roaster and retailer of speciality coffee in the world on a national franchising arrangement.
Subway: advising on the protection of the SUBWAY brand identity and other commercial matters.
Valeo Foods: advising one of the largest Irish food companies and owners of brands such as BATCHELORS, SQEEZ and ODLUMS on commercial contracts and various supply & logistics arrangements.
Edward Dillon: advising the distributor of brands such as HENNESSY, BACARDI and DOM PERIGNON, in relation to its sponsorship of a number of high profile events, and various commercial and competition matters on an ongoing basis.
Brown Forman: advising the American-owned spirits and wine company, the owner of global brands such as SOUTHERN COMFORT and JACK DANIELS, on a bottling agreement for one of their iconic brands.
IL Valentino: advising on various IP issues including trade mark protection and brand strategy.
M & J Gleeson: the distributor of brands such as BAVARIA, TIPPERARY WATER and FINCHES on various commercial and advertising arrangements. We also advised on corporate and merger control aspects of the acquisition by M&J Gleeson of certain assets of Gilbeys of Ireland Limited (distribution of wine, beer, spirits and nonalcoholic
beverages).
National Dairy Council: assisting in the management of its brand identity, including by way of licensing agreements and by means of celebrity endorsements via television advertisements and personal appearances. We also advise on free
movement and competition law aspects of promotional campaigns.
Tahitian Noni: advising the international beverage company on various commercial issues and brand strategy including labelling requirements and advertising advices.
Wendys: ongoing trade mark portfolio management for the multinational restaurant chain.
Bord Iascaigh Mhara: advising on trade mark management, e-commerce and licensing arrangements.
Continental Farmers Group plc: on its listing on AIM and ESM, the first Irish IPO of 2011.
Corporate/M&A
Sources say: 'William Fry is fabulous. It understands the issues clients face and ensures transactions progress smoothly.'
Chambers Europe, 2012
William Fry’s ‘first-class’ team is capable of ‘devising and delivering a solution’ that clients are happy with.
Legal 500 EMEA, 2012 - Corporate & Commercial
'Technically astute and able to offer strategic advice on highly complex transactions.'
Chambers Europe 2011
Bryan Bourke wins enthusiastic praise from clients, who say 'he is shrewd, strategic and understands our business. He always makes sure we avoid pitfalls and that all eventualities are covered.'
Chambers Europe, 2012
Corporate head Bryan Bourke is a ‘very commonsense, switched-on lawyer’.
Legal 500 EMEA, 2012 - Corporate & Commercial
Head of department Bryan Bourke is well known in the market as an exceptional lawyer "who strikes a great balance with his practical solutions".
Chambers Europe, 2011
Clients credit Shane O'Donnell as being 'young and progressive with a good business head. He is a clear thinker and a good worker.'
Chambers Global, 2012
Shane O’Donnell is valued for his 'commercial input'.
Legal 500 EMEA, 2010
IP
Sources say: 'The Ferrari of Irish law firms.' 'It combines pragmatism and practicality with a comprehensive approach.'
Chambers Europe, 2012
Long regarded as one of the leading IP practices in Ireland, William Fry has a comprehensive service that is fully dedicated to handling all aspects of this area. Clients are always delighted with the high standard of work that the firm provides, saying: 'You can see why a judge would be impressed with William Fry. Its work is always well researched and cleverly set out'.
Chambers Europe, 2011
Leo Moore is a firm favourite with his clients. As one enthuses, 'his strength is his ability to take complex issues and communicate it in a simple and easy to understand manner. He is also incredibly pleasant to work with.'
Chambers Europe, 2012
Leo Moore is ‘a breath of fresh air’.
Legal 500 EMEA, 2012
Leo Moore is building an active practice in IT and IP. He garners praise from clients for 'his grasp of technical issues, as well as his effficient and responsive manner'.
Chambers Europe, 2011
Tax
Clients highlight qualities of the team such as 'its speed in dealing with a query, using language that I can understand, and its consistent professional courtesy of keeping us in the loop at every stage of the process.'
Chambers Europe, 2011
According to impressed clients, Sonya Manzor 'understands the nuances of the Irish tax code, and how it relates to our strategy and objectives.'
Chambers Global, 2012
Sonya Manzor impresses clients with her thorough advice and dedicated approach. Sonya is highly popular with clients for her 'thorough and very responsive approach.'
Chambers Europe, 2011
Competition & Regulation
Sources say: 'William Fry is an important resource for me and my company – we regard it as a crucial part of our team.'
Chambers Europe, 2012
John Handoll leads William Fry’s competition team, which some clients regard as ‘the best in Ireland’.
Legal 500 EMEA, 2012
Clients are unanimously delighted with the service they receive from William Fry: "We get a fantastic response from the firm, and the advice is beautifully tailored to our needs." The team has genuine strength in depth, housing as it does senior, highly respected lawyers and up-and-coming associates...the trio have worked together for six years, and have formed one of the most cohesive competition teams in the Irish market. According to commentators, "the group's method, timing, ability and pragmatism place it easily among the top Irish competition law practices."
Legal 500 EMEA, 2010
Cormac Little is held in high regard by sources. He 'literally wrote the book on public procurement'.
Chambers Europe, 2012
Cormac Little is ‘business-friendly yet meticulous’.
Legal 500 EMEA, 2012
Cormac Little is 'technically excellent' and 'user friendly'.
Legal 500 EMEA2011