Troutman Sanders LLP

The Troutman Sanders Tobacco Team consists of partners, attorneys, of counsel, associates, paralegals, and professional staff. The Team includes a former state Attorney General and Deputy Attorney General who have the government experience, legal skills and business savvy to best service our tobacco clients in particular. In addition, most team members have experience as former state Assistant Attorneys General. The Team works closely together and with clients to develop business strategies; to maneuver through the complicated regulatory process; and to handle branding, transactional and litigation matters.

FEDERAL/FDA LAW

The attorneys within the Tobacco Team work with clients to:

• Advise on and apply for tobacco producer permits from the Alcohol, Tobacco, Tax & Trade Bureau amendments and federal excise tax obligations
• File label statement rotation plans and ingredient lists
• Advise on, prepare and submit required filings for tobacco products to the Food and Drug Administration
• Advise clients concerning the PACT Act, the Tobacco Transition Payment Program (Tobacco Buyout), Contraband Cigarette Trafficking Act and import/ export requirements, and the Tobacco Control Act

In 2009, congress passed the Family Smoking Prevention & Tobacco Control Act, which gave the Food and Drug Administration (FDA) the authority to regulate tobacco products. The Tobacco Team handles FDA regulatory matters by:

• Formulating plans for meeting the requirements of the FDA, which regulates the manufacture, packaging and sale of tobacco products in the US
• Preparing FDA submissions including registration product list, ingredient list and substantial equivalence reports
• Advising regarding FDA marketing requirements
• Assisting clients with FDA new product filings, including substantial equivalence reports
• Advising regarding FDA registrations and inspections

STATE LAW

The tobacco industry changed forever after the states and four original participating manufacturers signed the Master Settlement Agreement (MSA) in 1998. As a result, tobacco manufacturers, importers, wholesalers and brand owners face a host of regulatory hurdles that impact their business operation and finances. The Troutman Sanders Tobacco Team regularly works with companies to:

• Advise regarding state regulations governing licenses and permits, escrow payments and the establishment of qualified escrow agreements
• Assist in determining methodologies to remain compliant with state laws and regulations

BUSINESS LAW, DOMESTIC & INTERNATIONAL

Members of the Team have experience in corporate and transactional work both in the U.S. and abroad. They assist in the formation, acquisition, merger and sale of corporate entities and in the purchase and sale of corporate assets. In particular, they advise cigarette manufacturers on a daily basis in the review, drafting and negotiation of business operating agreements including:

• Financing
• Supply
• Sales
• Distributor
• Lease
• Technology license
• TTB Permitting
• Broker
• Cigarette manufacturing
• Other related agreements

COMMERCIAL LITIGATION

When litigation arises, it is a distraction for corporate management and an interruption of the company’s true business.

The litigators on the Tobacco Team are skilled and equipped to successfully:

• Represent tobacco product manufacturers in matters ranging from multi-district litigation to commercial disputes in state and federal trial courts
• The Tobacco Team regulatory attorneys handle civil and criminal disputes with federal and state agencies concerning:
• Manufacturing
• Import and export permits and payment of excise taxes
• State business, wholesale dealer and other licenses
• Listings to sell product on state tobacco directories

The Tobacco Team regularly counsels distributors, wholesalers and manufacturers, as well as others involved in all aspects of tobacco product production and distribution, in matters against the large tobacco companies (Philip Morris, RJ Reynolds and Lorillard) concerning, among other things:

• Retail buyers programs
• Wholesale partners programs
• Buy-down discount disputes
• Various contractual issues

But more importantly, the Tobacco Team understands the business needs of our tobacco manufacturing clients and make the real goal to avoid litigation when possible.

INTELLECTUAL PROPERTY

The Troutman Sanders Tobacco Team knows how important brand protection is in the tobacco industry and provides a complete range of services to develop, protect and exploit its clients’ intellectual property assets. Drawing on the broad expertise of our IP Practice Group – which includes more than sixty attorneys located in eleven offices around the globe – we provide our clients with the following services:

• Trademark selection, clearance, registration and licensing
• Domain name registration and dispute resolution
• Website audits, including development of privacy policies and terms of use
• Branding guidelines and programs
• Advertising and promotion law
• Trade dress protection
• Patent prosecution, clearance and licensing
• Copyright registration and protection, including compliance with the Digital Millennium Copyright Act
• Due diligence and audits of intellectual property assets
• Litigation planning, counseling and trial representation

Troutman Sanders embraces diversity as a cornerstone of our future. It means, in part, a commitment by all of our attorneys and all other personnel to a shared vision and the establishment of a workplace environment that is fully inclusive. The Firm values diversity in that it enables the Firm both to take full advantage of the knowledge and talents of a multicultural team in order to meet and exceed individual and business goals and client expectations, and to meet the Firm’s obligation to provide the broadest possible range of opportunities to the members of the communities served by the Firm.

Troutman Sanders defines diversity as an environment of inclusion, in which race, color, religion, sex, age, sexual orientation, gender identity, national origin, citizenship, disability, background and social and ethnic group differences are accepted and valued, and all members of the Firm can contribute to their fullest potential to achieve the Firm’s business goals.

Troutman Sanders supports many initiatives that foster an inclusive environment and help all its personnel balance commitments to clients and family:

Domestic Partnership Benefits

Troutman Sanders offers domestic partnership insurance benefits and has a longstanding policy against discrimination on the basis of sexual orientation.

Women’s Forum

The Troutman Sanders Women’s Forum is a framework to increase the visibility of our women lawyers and their accomplishments, provide expanded professional and business development opportunities, and provide a supportive environment for the continued recruitment, promotion and retention of women lawyers firm-wide.

Moms' Group

The Moms' Group at Troutman Sanders includes both full and part-time women lawyers with children of all ages and provides the opportunity to discuss issues of common concern among a support network such as part-time employment options with the firm and child-care providers.

Charitable Giving

The firm allocates a significant amount of its annual charitable, diversity, and civic contributions budget toward nonprofit organizations and bar associations with a diverse constituency or whose mission directly influences the issue of diversity.  These organizations include the Latin American Association, National Association of Chinese Americans, Stonewall Bar Association , Georgia Hispanic Chamber,  National Asian Pacific American Bar Association (NAPABA), National Association of Women Lawyers (NAWL), Equality Virginia,  Stakeholders, Inc., Puerto Rican Legal Defense and Education Fund, Mexican American Legal Defense and Education Fund (MALDEF), YWCA, HRNEW, The Urban League, and Catalyst, Inc.

Recruiting

Troutman Sanders proactively recruits a diverse team of lawyers by visiting law school campuses and participating in minority job fairs, including the Lavender Law Job Fair, Southeast Minority Job Fair, Mid-Atlantic BLSA Minority Job Fair and Virginia Bar Association Minority Job Fair.  The firm also sponsors a variety of associations that connect minority law students to internships and job opportunities in the legal industry. 

Ongoing efforts to promote and foster an inclusive environment are lead by the Troutman Sanders Diversity Committee. Its primary goals are to implement the firm’s philosophy on diversity, ensure a welcoming workplace for all personnel, and make an impact on the community through charitable giving and pro bono service.

Members of the Diversity Committee are:

Sallie A. Daniel, Chief Diversity Officer
Ronald R. Ross, Chairperson **
Pamela S. Belleman ** 
Robert L. Bourguignon **
Julie L. Burgener **
Albert C. Hwang **
Molly F. James **
Jennifer Mathis **
Joseph M. Parker **
John M. Ramirez **
E. Fitzgerald Veira **
Sonia K. Bain
Sandra L. Brown
Michael D. Hobbs, Jr.
Roscoe C. Howard, Jr.
Prashant K. Khetan
M. Kevin McCusty
George L. Scruggs
Rebecca W. Shanlever
Wendelin W. Silliman
Anthony F. Troy
Jerome Walker
Farah S. Ahmed * 
Meredith N. Baron *
George G. Booker *
Alonso J. Cisneros *
Tameka M. Collier *
Sara H. Doran *
Kaleen Serena Ford *
Becki F. Kieffer *
Adam S. Libove *
Christina M. Lucio *
Nora Garcia Nickel *
Tashwanda C. Pinchback *
S. Kaveh E. Rashidi-Yazd *
Jimmy R. Rock *
Tania S. Sebastian *
Ashante Latanya Smith *
Matt J. Sperling *
Juliet G. Sy * 
Whitney S. Waldenberg *

* Elected by Associates
** Office Committee Chair