Product Distribution and Transactional Support Attorneys

Overview

Wiley is known for its expertise in assisting clients in the chemical and pesticide industries with commercial and transactional issues arising from all aspects of the supply chain.

We have extensive experience with due diligence investigations associated with the sale and acquisition of product lines, business units, manufacturing facilities and other business assets. Our multidisciplinary legal team of regulatory and corporate lawyers counsels clients on the regulatory aspects of acquisitions, mergers, and other transactions, including the transfer of regulatory licenses, product registrations, permits and other assets, and intellectual property rights involving highly regulated products. Using our unique understanding of the regulatory landscape and the supply chain for these products, we provide strategic advice to minimize transaction costs and avoid business disruptions.

We routinely draft and review agreements related to sourcing and supply, toll manufacturing, distribution, sale, warehousing, logistics, and a wide range of other supply chain services. We are nationally recognized for handling commercial issues arising in the supply chain for heavily regulated products, such as pesticides, chemicals, household products, foods, drugs, pet products and consumer electronics. We also assist our clients with antitrust issues that may arise in the supply chain, and provide counsel with respect to confidentiality, non-disclosure, and material transfer agreements for research and development.

Representative Experience:

Providing strategic advice to large pesticide company involved in merger with registration and data transfers.
Providing strategic advice to large anti-microbial company on regulatory aspects of spin-off of assets and sale of product business unit.
Working extensively with in-house counsel of various consumer product, agricultural chemical and pesticide companies to review, renegotiate and standardize full suite of commercial and regulatory contracts involving joint product development, sourcing, toll manufacturing, and distribution of heavily regulated food and pesticide products.
Advising large food retailer on full range of commercial contracts involving food sourcing, toll manufacturing, and beverage supply.
Advising specialty chemical manufacturing company (pesticides/fungicides) on various supply, distribution, tolling and joint venture agreements.
Managing commercial contract portfolio (including NDAs, supply agreements, supply and data agreements, supplemental distribution agreements and tolling agreements) for leading chemical manufacturing company.
Advising specialty chemical manufacturing clients on the acquisition or sale of assets or business lines and/or stock.
Advising multiple clients in the review of due diligence and the submission of bids for an auction/ 363 sale of EPA registrations, supply and distribution agreement, inventory and associated assets from a bankruptcy estate.
Advising specialty chemical companies on their termination or breach rights under supply or distribution agreements, including take or pay, minimum purchase, price protection and indemnity rights.