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 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.
On October 15, 2014, the Business Development Institute will host a Social Media Marketing Summit for Law Firms in Chicago. This half-day event will feature a variety of speakers who will share case studies and lessons learned from leading law firms about how they use social media and content marketing to highlight expertise, build business and expand relationships with existing clients. Among the speakers, Jason Klinowski and Christina Solomon of Freeborn & Peters LLP will discuss The Fresh Facts Blog and how Jason uses social media as a marketing channel for his agricultural and food law practice.
As 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!
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.
I 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.