Our pesticides experience includes:
- Representing clients in health or environmental reviews of their pesticides, whether initiated by the federal government, state authorities, competitors, or activist groups, working closely with our 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.
- Assisting clients in protecting their 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.
- Representing clients in court actions to challenge government activities that are inconsistent with the law, defending the validity of registrations, permits, and deregulations issued over competitor or public interest group objections, and resolving commercial disputes.
- Representing 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.
- Advising on worldwide data rights protection and representing clients in compensation negotiations, regulatory agency petition proceedings, and arbitrations mandated by the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Food, Drug, and Cosmetic Act, and by similar state and international laws and representing clients in related lawsuits in state and federal courts, and collaborate with practitioners in other countries where such legal actions are necessary.
- Assisting clients in meeting federal and state requirements for obtaining pesticide registrations and related seed permits or deregulations, and advising 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.
- Assisting clients who wish to acquire or sell some or all of a pesticide or seed business, registrations or permits, and data rights.
- Defending clients in enforcement actions, including negotiation of settlement agreements that protect our clients’ business objectives.