The food and agriculture sector is undergoing significant transformation as new technologies reshape how food, feed, fuel, and fiber are produced, protected, tested, and distributed. Companies operating in this environment face evolving regulatory frameworks and priorities and complex commercialization considerations.
ArentFox Schiff works with entrepreneurs, investors, industry groups, and companies developing and commercializing technologies designed to improve food production as well as plant and animal health. Our attorneys support clients across a broad range of agricultural and food technologies and products, helping them assess regulatory pathways, address operational risk, and make informed strategic decisions as products move from research through market entry and beyond.
The team brings legal insight across the product lifecycle, advising on regulatory strategy and compliance, intellectual property protection, financing structures, commercialization planning, and business transactions. Working closely with client teams, we help align legal considerations with scientific, operational, and business realities as matters develop.
What Do We Do?
- Advise on regulatory pathways for agricultural and food technologies under the FDA, USDA, and EPA, including initial approvals and post-commercialization compliance.
- Counsel on product safety, marketing, and labeling considerations, including issues related to genetically engineered organisms, gene editing, and bioengineering, among other food labeling considerations.
- Develop and implement intellectual property strategies, including preparing and prosecuting utility, plant, and design patent applications, and advising on trade secret protection.
- Represent clients in federal regulatory litigation, including matters involving challenges to or defense of regulatory approvals for AgTech products or the underlying regulatory frameworks.
- Advise on securing and structuring investments to support research, development, and continued innovation.
- Conduct risk assessment and due diligence for agricultural technology companies involved in mergers, acquisitions, joint ventures, and other transactions.
- Support legislative and regulatory advocacy efforts at the federal and state levels, where appropriate, and engagement with key stakeholder groups.
Who Do We Help?
- Agricultural biotechnology and gene editing companies working on plant, animal, or microbial products
- Developers of food and agricultural technologies
- Seed, crop input, and crop protection companies
- Indoor and vertical farming businesses
- Industry trade associations and coalitions
- Investors and strategic partners in the agriculture and food sector
How Can We Help?
Clients often seek legal guidance when navigating regulatory change, preparing for market entry, responding to compliance reviews or enforcement actions, evaluating investments or transactions, or adapting business models in response to new technologies, sustainability initiatives, and evolving market demands.
ArentFox Schiff is nationally recognized for its work in agricultural biotechnology and gene editing, advising both technology developers and leading trade associations with interests across the AgTech ecosystem. Our attorneys have worked with organizations focused on seeds, crop inputs, agricultural biotechnology products, and emerging plant and animal breeding techniques.
Representative matters include advising on regulatory and commercialization strategies for:
- Improved fruits and vegetables developed for enhanced taste and shelf life
- Row crops designed to reduce environmental impact
- Nitrogen-producing microbes and biology-based crop inputs
- Novel plant varieties such as non-browning apples and disease-resistant potatoes
- Advances in animal agriculture and aquaculture, including faster-growing salmon, disease-resistant pigs, and hornless dairy cattle
We also work closely with industry coalitions focused on indoor agriculture, sustainability, innovative crop protection products, and approaches aimed at increasing agricultural productivity through natural processes in plants and soil. In appropriate matters, the team has served as litigation counsel in challenges to regulatory approvals and federal regulatory frameworks, working in coordination with relevant government agencies, and has supported the formation and ongoing operation of trade associations, including advising on antitrust compliance and regulatory strategy.
