Practice Areas & Industries: Fredrikson & Byron, P.A.

Practice/Industry Group Overview

Cooperatives are an important, established way of doing business in the Mid-West. Fredrikson & Byron's lawyers have an exceptional understanding of their organization and of the ever-changing issues they face.

"Our dedication to cooperatives is reflected not only in our lawyers’ commitment to their cooperative clients, but also in their leadership roles in many of the industry organizations supporting cooperatives."
 
Fredrikson & Byron's attorneys have decades of experience in representing cooperatives, particularly in the agricultural, energy, food service, and housing industries. To better serve our cooperative clients, we stay abreast of each industry's unique issues.

Services Available

We represent clients engaged in the formation of cooperatives and also help them evaluate and undergo restructuring. These formation and restructuring options include joint ventures, mergers, and acquisitions. We also are experienced in helping clients form "new venture cooperatives."

Our attorneys advise agribusiness and rural electric cooperatives on tax issues unique to these industry groups and often provide guidance and representation, when necessary, to address any IRS challenges affecting cooperatives or their members.

Other areas related to cooperatives include antitrust issues (including Capper-Volstead requirements) and alternative capital formation. Our attorneys have substantial experience counseling cooperative clients on antitrust issues arising from joint ventures, mergers, and acquisitions. We also advise cooperatives on pricing and sales of products. Our attorneys focus on getting the best results for cooperatives while working to help prevent and avoid compliance and regulatory problems.

We combine our knowledge of securities laws and financing to advise cooperatives on raising additional capital through exempt equity offerings and registered stock offerings. Our involvement in the National Council of Farmer Cooperatives Subcommittee on Venture Capital, Capital Formation, and Financial Structures allows us to stay up-to-date on changing laws and influence the decisions made.

We advise cooperatives in the food and beverage industry on a full range of issues including real estate, intellectual property, litigation, and tax, as well as general corporate issues. Our clients work in the manufacturing, distribution, and processing areas.

We have extensive experience in representing cooperative clients in a variety of litigation issues that agribusiness typically generates, including litigation relating to the termination of join ventures and supply agreements.

Within the housing area, we represent cooperative associations, both for-profit and non-profit, and lenders, primarily in the financing of student and senior cooperative housing. We assist clients with securing and closing financing, particularly the aspects unique to cooperatives, including the use of 501(c)(3) tax-exempt bonds for student cooperative housing. Our clients rely on us for our strong background in and understanding of the unique characteristics of cooperative housing.

Our dedication to cooperatives is reflected in our members' leadership roles in many of the cooperative industry organizations. Through these roles many "cutting-edge" issues affecting cooperatives are identified and addressed on a national and regional level.

The firm has over thirty years' experience representing rural electric cooperative at both the G&T and distribution levels. Our lawyers have substantial experience dealing with the Rural Utilities Service, CFC, Co-Bank, and the Bank for Cooperatives.

Cooperatives Services

• Administrative Law (licenses, permits, certificates, rule-making)
• Alternative Capital Formation
• Antitrust (Capper-Volstead)
• Corporate Governance
• Employment
• Employee Benefits
• Financing
• Formation and Structuring
• General Counsel Service
• Intellectual Property
• Mergers, Acquisition, and Joint Venture Structures
• Litigation
• Real Estate
• Restructuring
• Securities
• Tax