Pesticides Representative Matters

  • Represent clients in health or environmental reviews of their pesticides, whether initiated by the federal government, state authorities, competitors, or activist groups.
  • Work with clients to develop comprehensive strategies for defending their products; evaluating product risks and benefits; developing risk reduction proposals and negotiating agreements to address risk concerns while keeping products on the market; and, if necessary, representing registrants in hearings to oppose use restrictions or cancellations. 
  • Assist clients in protecting valuable research data rights, including ensuring that competitors satisfy applicable data requirements, comply with their obligations to pay compensation for relying on our clients’ data to obtain follow-on registrations, and do not gain access to data that are entitled to exclusive use. 
  • Advise on worldwide data rights protection and represent clients in compensation negotiations, regulatory agency petition proceedings, and arbitrations mandated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), and by similar state and international laws. We also represent our clients in related lawsuits in state and federal courts, and collaborate with practitioners in other countries where such legal actions are necessary.
  • Represent clients in court actions to challenge government activities that are inconsistent with the law; defend the validity of registrations, permits, and deregulations issued over competitor or public interest group objections; and resolve commercial disputes.
  • Represent companies and task forces (some involving dozens of companies) required to meet data requirements, including negotiations with government officials over the scope of data requirements and with other applicants and registrants regarding data development and sharing costs. 
  • Assist clients in meeting federal and state requirements for pesticide registrations and related seed permits or deregulations, and advise on the full range of compliance issues, including label language (and its potential impact on product liability); import and export restrictions; supply, manufacturing, licensing, and marketing relationships and contracts for both pesticides and related seed matters; and allowable label and marketing claims for both agricultural and consumer products, including antimicrobial claims. 
  • Counsel and assist clients who want to acquire or sell some or all of a pesticide or seed business, its registrations or permits and data rights. 
  • Defend clients in enforcement actions, including settlement agreement negotiations that protect their business objectives.