Brandon W. Neuschafer

Partner
Bryan Cave Leighton Paisner LLP

Brandon Neuschafer practices primarily in the fields of environmental, food and agriculture law, including regulatory compliance, transactional counseling and litigation.

Mr. Neuschafer has done significant work relating to agriculture, food and biotechnology issues, and is a founding member and co-chair of the firms Food and Beverage Team. He advises clients at all levels of food production and manufacturing, from agricultural operations to restaurants, and has experience working with regulatory agencies such as FDA and USDA. His work includes counseling clients on issues impacting ingredients, packaging, storage, facility registration, labeling, advertising, adulteration and recall. He has also assisted companies with respect to facility registrations and preparing for and responding to government inquiries and inspections. Examples of recent efforts include working with clients to understand, interpret and incorporate into their operations FDA rules designed to implement the Food Safety Modernization Act and rules regarding menu labeling, and advising clients with respect to food labeling and advertising issues such as the use of "natural" and similar claims and compliance with California’s Prop 65 requirements. Mr. Neuschafer also regularly advises pesticide, fertilizer and agricultural chemical manufacturers and marketers on regulatory compliance and transactional issues, and has advised foreign governments on domestic and foreign agricultural issues impacting free trade agreement negotiations with the United States. He blogs about food and beverage law and policy issues at Digest, BCLP’s Food and Beverage Law Blog found at https://bclpdigest.com.

From an environmental perspective, Mr. Neuschafer regularly advises clients on regulatory and permitting issues under the Clean Air Act, Clean Water Act, RCRA, TSCA, FIFRA, OSHA and other federal and state environmental, health and safety laws. He has particularly deep experience in the field of chemical and pesticide regulation, which includes advising clients on all aspects of the manufacturing, sale, import, export, handling and disposal of both conventional and bio-based chemicals and pesticides. He also frequently assists clients in responding to and defending enforcement actions, investigations and information requests asserted by EPA, OSHA, FAA, DOT and various state agencies.

Mr. Neuschafer has a robust practice relating to commercial transactions. He frequently handles the environmental, food/agricultural and product regulatory aspects of transactions, including the management and analysis of due diligence and the negotiation of terms for contracts such as purchase and sale agreements, merger agreements, supply agreements, data compensation agreements, data sharing and development agreements, joint venture/task force agreements, recycling and reuse agreements, research and development collaborations and shared services agreements.

Mr. Neuschafer’s litigation practice includes successfully representing clients in a number of insurance recovery actions based on underlying environmental contamination, as well as representing companies with respect to CERCLA claims, RCRA claims and the failure of pollution control equipment. He also worked on the legal and environmental consultant team that represented the State of Kuwait and Kingdom of Saudi Arabia before the United Nations Compensation Commission on their claims for environmental and natural resource damages arising from Iraq’s unlawful invasion and occupation in 1990-91, an effort which yielded more than $4.7 billion in compensation awards.