P.O. Box 530910, Birmingham, AL 35209-4518
The Citadel, B.A.; DePaul University, Kellstadt Graduate School of Business, M.B.A.
Law School Attended:
John Marshall Law School, J.D.
Year of First Admission:
U.S. Court of Appeals, Fifth, Sixth, Seventh, Eight and Eleventh Circuits; U.S. District Court, Western District of Michigan; U.S. District Court, Western District of Arkansas; U.S. District Court, District of Nebraska; U.S. District Court, Southern District of Texas; U.S. District Court, Eastern District of Michigan; U.S. District Court, Eastern District of Arkansas; U.S. Tax Court; U.S. District Court, Southern District of Indiana; U.S. District Court, District of Maryland; U.S. District Court, Eastern District of Tennessee; 2004, Illinois; U.S. District Court, Northern District of Texas; U.S. Supreme Court; U.S. District Court, Northern District of Illinois Trial Bar; Not admitted in Alabama
Representative Food Industry Experience Serves as Special PACA Counsel for the Debtor in the chapter 11 bankruptcy case of Allens, Inc., which is one of the largest privately owned canning companies in the country. Leads the Debtor's efforts to defend against $19M+ in alleged PACA claims. Served as lead trial counsel for a Canadian produce company and successfully prosecuted a civil action against the USDA in order to quash the USDA's assertion of jurisdiction over the company's U.S. based subsidiaries under PACA. Served as lead PACA counsel for the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Pro's Ranch Markets, which is a major retail grocery operation with several stores and distribution centers in multiple states. Served as special PACA counsel to one of the nation's largest title insurance companies in connection with its efforts to underwrite the $1 B+ acquisition of over 200 grocery stores in the chapter 11 bankruptcy case of Fresh N' Easy Neighborhood Markets. Served as lead trial counsel to hundreds of produce companies in successful efforts to obtain injunctive relief and has recovered millions of dollars under the Perishable Agricultural Commodities Act. Successfully defended a major food importer against allegations arising under the Plant Protection Act wherein the client faced tens of millions of dollars in fines. The USDA ultimately dismissed the allegations without imposing any fines. Represented a large publicly traded distribution company in connection with its efforts to manage an FDA inspection and to prepare the necessary 483 response, corrective action plan, and a food reconditioning plan. Ultimately, a state agriculture department adopted our food reconditioning plan as a model for handling large scale food adulteration cases. Represented a food manufacturer in connection with its efforts to classify and manage a food safety recall event from start to finish. This engagement required Freeborn to help the client develop, implement and manage its recall process and to liaison with the FDA to ensure step-by-step regulatory compliance.Food Industry Activities, Memberships & Associations Editor of The Fresh Facts Blog, Providing Business and Legal Insights to the Fresh Produce Industry The National Agricultural Law Center - Contributing Author American Agricultural Law Association Member of Multiple Produce Marketing Associations (U.S. and Canada).