Tag Archives: FDA attorney

Jason Klinowski Selected to Help Defend Midamar Corporation

Midamar Corp.

Jason Klinowski was selected to join the team assembled to defend Midamar Corporation against certain allegations of criminal violations of the Federal Food Drug & Cosmetic Act and other related charges.  In connection with this engagement, I had the opportunity to travel to Iowa to visit Midamar and members of the Aossey family.  After doing so, I can attest to how much the family cares about their commitment to the Islamic community and the products they sell to their customers.  The Aossey family has built a remarkable company and I am very proud to be associated with Midamar Corporation!

 

Jason Klinowski Joins Wallace, Jordan Ratliff & Brandt LLC

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Jason is pleased to announce that he has joined the law firm of Wallace, Jordan, Ratliff & Brandt LLC.  Located in Birmingham, Alabama, Wallace & Jordan is a mid-size, full service law firm committed to providing excellent service in a cost-effective, responsive, and resourceful manner.

Please note Jason’s new contact information:

Jason R. Klinowski, Esq.

WALLACE, JORDAN, RATLIFF & BRANDT, LLC

First Commercial Bank Building

800 Shades Creek Parkway, Suite 400

Birmingham, Alabama  53209

D: (205) 874-0371

C: (312) 375-6849

F: (205) 874-3287

E: jklinowski@wallacejordan.com

Government Not Required to Prove Intent or Consciousness of Wrongdoing to Convict the Jensen Brothers

Jensen Farms PicAs the produce industry follows the fate of Eric and Ryan Jensen many articles and commentary have surfaced in support of the brothers Jensen.  However, these articles and commentary all focus around a significant misconception about the government’s burden  of proof.  Specifically, the general misconception is that the U.S. Attorney’s Office must prove or otherwise show intent on the part of the Jensen brothers to obtain a criminal conviction.  This is wrong!

The Federal Food Drug and Cosmetic Act (“FD&C Act”) protects the consuming public by allowing the government to regulate the conditions under which food and drugs are manufactured and distributed and it requires those responsible to comply with its provisions.  Under the FD&C Act, misdemeanor criminal responsibility does not require intent or consciousness of wrongdoing.  On the other hand, felony criminal responsibility requires a knowing violation with the specific intent to defraud or mislead.  The FD&C Act also states that a  corporation may commit an offense and all persons who aid and abet its commission are equally guilty.

The Jensen brothers are facing misdemeanor criminal charges, which still carry the threat of imprisonment and significant financial penalties.  Given the misdemeanor nature of the charges, the U.S. Attorney’s Office does not need to allege or prove any type of intent on the part of the Jensen brothers to obtain a criminal conviction.

The foregoing is but one example of why the Jensen brothers’ criminal case is alarming to the produce industry.  With that said, are there any real and meaningful defenses available to the Jensen brothers?  The answer is yes!

Jason Klinowski to Speak at the Upcoming Food Regulatory Compliance Summit in Chicago

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On October 4, 2013, Jason Klinowski will join Daniel Shaw – Vice President, Deputy General Counsel at H.J. Heinz Company – to address food recalls and to discuss practical tips and best practices for preventing common pitfalls and minimizing downstream litigation exposure.  Please join us at theWit for this two-day conference and connect with food industry leaders from The Hillshire Brands Company, Kellogg, US Foods, Nestle, MOM Brands, Cargill, H.J. Heinz Company, and others.

Another Successful Conference in the Books… Thank You for Joining Us!

Midwest Produce Conference LogoMichael Jordan's Steakhouse LogoI wanted to take a second and thank everyone who joined me and Freeborn’s Food Industry Team at Michael Jordan’s Steakhouse for a cocktail reception after the Midwest Produce Conference & Expo.  Those of you who attended know that Freeborn’s event provides a great way for folks to close out the conference and experience one of Chicago’s “must visit” restaurants.  Our event also helps you maximize your networking time in Chicago by providing a great atmosphere to connect with your produce industry peers and colleagues.  For those of you who could not make it, we hope to see you in New Orleans for the upcoming PMA show.

Freeborn to Exhibit at United Fresh!

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Please stop by Booth # 840 and visit Jason Klinowski of Freeborn & Peters.  Members of our Food Industry Team will be on hand to greet everyone.  Come see us!

Red Book Credit Services Selects Jason Klinowski of Freeborn to Provide Legal Services to its Members

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CHICAGO, April 30, 2013 – I am pleased to announce that Freeborn & Peters, and specifically members of its Food Industry Team, have been selected by Vance Publishing, Inc. d/b/a Red Book Credit Services to serve as the preferred provider of legal services to its produce industry members.

Red Book Credit Services (RBCS) provides access to a comprehensive, continually updated database of credit and credit related information to the Fresh Produce Industry.  RBCS knows that in this volatile marketplace, business relationships can change overnight and that a steady, qualified pipeline of new opportunities is crucial. To this end, RBCS is an essential prospecting tool that assists the produce industry in ensuring the long-term sustainability of its members´ businesses.

RBCS is a member of Vance Publishing’s extensive Agribusiness portfolio. Leading brands include The Packer, Citrus & Vegetable, The Grower, Produce Market Guide, and Produce Retailer.  Since 1937, Vance Publishing Corporation has established itself as a business information leader within each market it serves. The company has grown organically as well as through strategic acquisitions.