Freeborn & Peters:
Our Food Industry Team.

Mr. Moynihan is the Leader of the Freeborn & Peters Food Industry Team. He also serves as one of the firm’s two Co-Managing Partners. Mr. Moynihan has more than 20 years of experience practicing in the area of commercial and industrial real estate development and handles a broad range of real estate and financing transactions.  Within the food industry, he focuses on helping clients address facility issues relating to sitting, zoning and land use, regulatory compliance, access to transportation and utilities, incentives and financing, construction and environmental impact. He also coordinates the many different legal and other professional services disciplines required to serve the business needs of the firm’s food industry clients.

Ms. Baker has more than 20 years of experience in advising businesses on a broad range of labor and employment issues that arise in the context of manufacturing and production facilities, trucking and transportation, and restaurant operations. She focuses particularly on efficient representation and resolution of discrimination claims and wage payment disputes, and provides a practical approach to day-to-day employment issues, such as attendance and disability. Ms. Baker is also experienced in union matters, including grievance arbitrations, and in guiding businesses through workforce reductions and hiring and termination issues.

Mr. Brandt is an Associate in the firm's Real Estate and Land Use Group and focuses his practice in Construction, Real Estate and Alcoholic Beverages. He regularly handles matters and counsels clients in the Alcoholic Beverages Industry. Mr. Brandt has represented small and large brewers, distillers and associations with regard to their labeling, advertising, distribution, licensing, zoning, trade practices and other transactional matters. He has extensive experience litigating governmental disputes regarding alcohol producers and regulations and inter-industry disputes in state and federal courts and before federal regulatory agencies. He regularly advises and counsels businesses with regard to shareholder matters, leasing, financing, and purchase and supply matters. A regular contributor on intellectual issues, he speaks to industry trade groups, alcoholic beverage association and runs the Libation Law Blog. He is on the governing committee of the State Bar Association's Agricultural Committee and a member of the America Bar Association, the Brewer's Association, and the Illinois Grape Growers & Vintners Association.

Mr. Carballo is a Partner in the Litigation Practice Group. He concentrates his practice in complex business litigation and employment litigation. He is an accomplished trial and appellate lawyer with more than 25 years of legal experience. He has tried hundreds of cases to judges and juries, and has represented clients in numerous appeals in state and federal courts. He also has arbitrated and mediated numerous cases, and has extensive experience in corporate investigations, counseling and risk management. His litigation experience includes disputes relating to breaches of contract; claims of fraud; negligence and other business tort claims; products liability; violations of noncompetition, nondisclosure and non-solicitation agreements; thefts of trade secrets; claims of employment discrimination, harassment and other employment law violations; defamation claims; construction and real estate disputes; and class actions.

Mr. Carrel is a Partner in the Real Estate and Land Use Practice Group and his areas of focus include development, government relations and regulatory law, and land use and zoning. Mr. Carrel's practice involves the representation of public and private companies, land owners, developers and investors. He is experienced in securing land use and zoning approvals, securing public incentives, and obtaining local regulatory and sitting approvals, as well as performing zoning due diligence.  He routinely represents clients before local plan commissions, zoning boards and city councils.

Mr. Fawkes is a Partner in Freeborn & Peters' Bankruptcy, Reorganization and Creditors' Rights Practice Group. Mr. Fawkes has extensive experience representing creditors, creditors' committees and liquidating trustees in complex restructurings and liquidations in the foodservice industry. His most recent experience includes serving as counsel to the Official Committee of Unsecured Creditors in the chapter 11 cases of Duke & King Acquisition Corp. (operator of 90 Burger King franchises in five states), Wagstaff Minnesota, Inc. (operator of 80 KFC franchises in five states) and Giordano's Enterprises, Inc. (a full-service pizza restaurant chain with more than 40 locations), and to the Official Committee of Unsecured Creditors and the Chapter 7 Trustee of Agri-Best Holdings, Inc., a $300 million processor and supplier of portion-controlled pork and beef products to national restaurant chains.

Mr. Goldstein is a Partner in the Business Law Group. He has extensive experience counseling food companies in the areas of intellectual property law, including trademark and copyright law; technology; licensing; and advertising, marketing and promotions, including sweepstakes.  He has represented a variety of food industry clients on such matters as trademark enforcement for a major chocolate candy brand; creation of a gift card program for a gourmet sandwich shop; a trademark protection program for a major California winery; and food technology matters for food distribution systems.

Mr. Kelly is co-managing Partner of the firm and is a member of the Litigation Practice Group, as well as the firm's Fraud Team. For 20 years, Mr. Kelly has handled numerous complex business litigation cases often involving novel issues. His career at the firm followed almost ten years at the Cook County State's Attorney's Office where he conducted numerous Grand Jury investigations, tried countless gang murder cases to juries, and wrote and argued tens of appeals in the Appellate Courts, including the United States Supreme Court and the Illinois Supreme Court.

Mr. Klinowski is an Agricultural and Food Law attorney at Freeborn & Peters LLP. In this capacity, he routinely advises clients on a full range of business and legal issues, including FDA and USDA regulatory compliance, civil litigation and general corporate and transactional proceedings. Mr. Klinowski's civil practice is focused on representing agribusinesses and food companies in complex commercial litigation, including bankruptcy matters, and general counseling, working primarily on matters arising under the Perishable Agricultural Commodities Act, the Food Safety Modernization Act, the Federal Food Drug & Cosmetic Act, the Plant Protection Act, the Packers & Stockyard Act, the Capper-Volstead Act, the Bioterrorism Act of 2002 and other agricultural statutes. He also represents financial institutions in connection with their agricultural lending practices and related litigation. Mr. Klinowski is also the editor of the Fresh Facts Blog, which provides legal and business insights to the fresh produce industry, he co-authors a monthly legal column for Food Safety Magazine and he is a frequent speaker at various food industry events.

Mr. Labinsky is a Partner in the Business Law Practice Group, focusing his practice primarily in corporate and transactional law. Mr. Labinsky frequently acts in a general counsel capacity providing counsel to management with respect to fundamental, as well as day-to-day, corporate decisions and analyses regarding contracts and supply chain agreements, acquisitions, restructurings, financings, reorganizations and other complex business transactions. Mr. Labinsky previously represented a U.S. subsidiary of the world's leading animal protein processor in connection with various corporate and transactional legal issues. He also represented a gourmet sandwich franchisor in the sale of a minority interest to a San Francisco-based private equity firm.

As Senior Counsel in the Government and Regulatory Law Practice Group, Mr. Mange assists clients with legislative, regulatory, procurement and other government relations matters. Before joining Freeborn & Peters, Mr. Mange was Chief of Governmental Affairs at the Illinois Department of Public Health, and in this capacity he worked with the Governor's office, other state agencies, the General Assembly and interested parties on food safety and other public health issues. Prior to his role at the Department of Public Health, Mr. Mange served as Senior Policy Advisor to Attorney General Lisa Madigan.

Mr. Mason is a Partner in Freeborn & Peters' Business Law Practice Group and the Chairman of the firm’s Executive Committee. His areas of focus include commercial finance, international transactions, private company mergers and acquisitions, and private placements.  Mr. Mason has broad experience within the food industry, particularly branded goods manufacturing and retail franchise operations. He currently serves on the Advisory Boards of Link Snacks, Inc., the fastest-growing meat snack manufacturer in the world, and of Jimmy John’s, a quick service restaurant franchise with more than 1,000 locations across the United States.

Mr. Mayer is a Partner in the firm's Business Law and Litigation Practice Groups. He focuses on business litigation, employment litigation and general corporate advice. He has been the lead attorney in Federal Courts, State Courts, Arbitration Tribunals and before Administrative Agencies throughout the United States. He is particularly adept in handling disputes relating to supply chain and contracting matters, and scientific and technical contract issues. Recently, Mr. Mayer represented a food processor in a matter involving defective grain for use in whole grain tortillas and various companies who had received defective food processing equipment.

Ms. Miller is a Partner in the Litigation Practice Group, where her areas of focus include complex disputes, employment litigation, products liability, insurance coverage, reinsurance and securities litigation, regulation and enforcement. Her experience includes representing both individual and corporate clients in a wide variety of state and federal commercial matters, including breach of contract, breach of fiduciary duty, fraud, mergers and acquisitions disputes, labor and employment disputes, the False Claims Act, insurance coverage, reinsurance arbitration, real estate litigation and securities cases. She has represented plaintiffs and defendants in both trial and appellate proceedings. Ms. Miller currently serves as the Partner Chair of Freeborn & Peters's Women's Leadership Council.

Mr. Shapiro is a Partner in the Litigation Practice Group focusing his practice on solving clients' complex business disputes; counseling clients on litigation, employment and business issues; and providing general corporate advice. His litigation experience includes handling cases involving a wide-array of business issues in federal and state courts, in arbitration and before administrative agencies, including disputes concerning international and domestic supply chains, breaches of contract, corporate governance, non-compete and non-disclosure agreements, theft of trade secrets, ownership and protection of intellectual property, wages and hours, discrimination and other employment-related laws and fraud. Mr. Shapiro provides ongoing business and legal counseling to a rapidly-growing supplier of gourmet, organic vegetarian frozen food. In addition, Mr. Shapiro serves as General Counsel of Inspiration Corporation, a Chicago-based nonprofit that assists people affected by poverty and that operates Inspiration Kitchens, a 13-week restaurant skills training program, conducted in two for-public restaurants, that is designed to provide participants with the tools they need to secure and retain jobs in the food service industry.

Mr. Smith offers a breadth of experience regarding the financial, management control, tax, procedural and other issues involved in structuring and negotiating joint venture arrangements, purchase and sale agreements and other business relationships. He has acted as counsel to middle-market companies, private equity funds and other investor groups in connection with transactions, including food, restaurant chains and branded consumer products. Recently Mr. Smith represented a large food manufacturer in negotiating an international joint venture with an ingredient provider.

Mr. Southwell is a Partner in the Business Law Practice Group and his areas of focus include business counseling, portfolio company representation, private company mergers and acquisitions, private equity and venture capital, private placements and securities law.  He has represented acquirers, sellers and targets in a large number of mergers, acquisitions, takeovers, leveraged buyouts and joint ventures.  He has represented private equity firms in a wide array of acquisitions, dispositions and related financings. Mr. Southwell has been directly involved in all phases of these transactions, including initial planning, structuring, negotiation, implementation and advice. He recently represented an international food processing company in the sale of its U.S. potato processing subsidiary and pre-packaged food processing company in its sale to a private equity firm.

Mr. Summerhill is a Partner in the firm's Litigation Practice Group. His areas of focus include complex commercial and product liability litigation.  Mr. Summerhill has broad experience in the food industry, with a particular emphasis on food safety issues. Among other matters, he has provided representation to an international crop science corporation relating to the release of genetically engineered corn in the human food supply; an international manufacturer of flavors and fragrances relating to claims of severe personal injuries from exposure to microwave popcorn butter flavoring; an alcoholic beverage producer in claims alleging serious personal injuries from the consumption of alcohol; and a food distribution chain in claims arising from tainted dairy products.

Mr. Ter Molen is a Partner in the Litigation Practice Group. His areas of focus include complex disputes, intellectual property litigation and consultation, and product labeling. Mr. Ter Molen has extensive litigation experience and has achieved favorable results for plaintiffs and defendants in trademark and unfair competition, false advertising, patent and copyright infringement, and Internet and media-related disputes, along with general commercial litigation matters. He also handles cancellation and opposition proceedings before the TTAB, counsels clients on an array of intellectual property matters, and advises clients on product labeling, advertising and FDA & USDA regulatory compliance. Mr. Ter Molen has represented clients in a wide array of technical areas and has substantial trial and appellate experience.

Mr. Zelek is a Partner in the Business Law and Litigation Practice Groups. He focuses on marketing-related law, applying extensive counseling, transactional and litigation capabilities on behalf of a wide variety of leading consumer and industrial businesses throughout the world. His areas of emphasis include antitrust, pricing and distribution, as well as branding, licensing, strategic alliances, supply relationships, complex contracts, advertising and new product development. Mr. Zelek joined Freeborn & Peters after practicing marketing law at a large international law firm and The Quaker Oats Company, then becoming a Quaker Product Manager with shared responsibility for Quaker’s Cap’n Crunch® cereal and Chewy granola bars.