proof points

Daniel  has helped many clients throughout his over 25 year legal career. 

Below are some example of the projects he has participated in and led:

Proof Points 

General Counsel and Corporate

• ·Provide external general counsel services and assistance for small to mid-size businesses on topics such as: company, facility and product registrations; licensure for manufacture, sale, marketing and distribution of regulated products; litigation; business formation and entity selection; corporate governance; business transactions; mergers & acquisitions; due diligence; commercial real estate; intellectual property; and employment matters.
• Drafted and negotiated commercial contracts, including procurement, vendor, NDAs, MOUs, outsourcing, supply chain, marketing, sponsorship, master services agreements, SOWs, licensing, and other IP and technology agreements.
• dentified a suitable distribution and warehouse facility in western North Carolina for a well-capitalized hemp company to expand their footprint and better serve their clients in the Southeastern United States; brokered favorable lease terms for a client with the landlord of the 40,000 sq/ft facility, including free rent and the ability for a client to take possession of the facility in less than 45 days.
• Structured and drafted an exclusive supply agreement for a national manufacturer of hemp consumer goods products with a hemp cultivator to ensure stable pricing and a quality supply of hemp flower.
• Forged relationship with local hemp grower to cultivate hemp at below market rates in exchange for equity interest in the client’s company
• Pursued development of proprietary agricultural harvesting machinery with local hemp grower to significantly increase crop yields and maintain the integrity of the hemp flowers with the end goal of the licensing the harvester technology to large agricultural machinery company. 
• Created strategic partnership with third party hemp processing and distillation Company to set up an on-site laboratory at zero upfront cost to client saving the company ~ $3 M.
• Led and closed high-value commercial transactions and mergers, including acquisition campaigns that expanded and diversified client’s CPG energy drink portfolio.
• Led negotiations, due diligence and drafted appropriate contracts and board documents for the multi-million-dollar joint venture (40% participation) with the largest tobacco leaf grower in Honduras and Nicaragua to increase company’s footprint in Central America and drove costs reductions across the company.
• Conducted due diligence and oversaw the acquisition of large on-line cigar company for ~$180M.
• Directed due diligence and negotiations for acquisition of numerous US and European brands to expand and fill gaps in company’s product portfolio which resulted in the company gaining significant market share.
• Led US-based due diligence and assisted with regulatory and anti-competition analyses for strategic acquisitions valued at ~$200M to ensure timely product launch and supply chain coordination. 
• Leveraged internal assets and reduced external consultancy costs by collaborating with multi-national cross functional teams in the US, UK and Amsterdam to roll out a ~$30M international advertising campaign.
• Negotiated and drafted several multi-million dollar licensing and royalty agreements with entertainers, artists and on-line influencers. 
• Leveraged and renegotiated expiring and under-valued Cuban cigar trademark licensing agreements to prevent competitors from acquiring them and added incremental value to company’s trademark portfolio.
• Maximized tax benefits for multiple US operating companies with subsidiaries operating in US and Caribbean in Foreign Trade Zones and shipping bonded warehouses.

Regulatory & Compliance

• Advised nicotine vape, modern oral nicotine pouch, kratom, mushroom, hemp and cannabis, and dietary supplements companies on key acquisitions, business restructuring and jurisdictional relocation, strengthening supply chain, manufacturing, and distribution operations, and regulatory and legal compliance on manufacturing, marketing, advertising, sales, and labelling of highly regulated products.
• Actively monitor and advise clients regarding municipal, state, and FDA legal and strategic issues surrounding product research and development, regulatory reporting, and premarket product authorizations.
• Prepare and file premarket product authorizations (PMTAs) and substantial equivalence applications (SEs). Conduct relevant investigations concerning development, manufacturing, and quality requirements pursuant local, state and FDA regulations.
• Assisted clients with navigating complex state and federal regulatory requirements to bring tobacco, vape, and hemp products to market, including preparation and review of appropriate packaging and advertising materials, in addition to working closely with a network of established customs brokers and freight forwarders to import tobacco products, including cigars, cigar wraps, vapes, and other tobacco products into the United States.
• Developed cost-effective and actionable legal strategies to address local, state, and federal compliance issues and regulatory challenges on behalf of clients, including state registrations, the Prevent All Cigarettes Tracking Act (PACT Act), and addressing local, state, and federal administrative matters impacting the taxation and salability of tobacco and hemp products.
• Collaborated with FBI, ATF and state authorities to raid and shut down a multi-million dollar counterfeit cigar manufacturing  ring protecting and enhancing the client’s brand reputation, value and integrity. 

Advocacy

• Partnered with trade and industry associations to influence hemp and cannabis legislation, mitigating regulatory risk for clients. 
• Established network of legal specialists, advocates and lobbyists in the Dominican Republic, Honduras, Nicaragua, Mexico, and Cuba and negotiated favorable rates and retainers to ensure the companies were properly advised and interests represented rather than insourcing costly FTEs
• Forecasted the regulation of premium cigars and successfully lobbied members of Congress and FDA in collaboration with industry and retailer groups to ensure premium cigars were taxed fairly and not overzealously regulated.

Recent Litigation

• Successfully defended the nation’s first products liability case for a hemp derived cannabis product in the Circuit Court for Fayette County, Kentucky on behalf of a North Carolina based hemp product manufacturer against products liability, failure to warn, and negligence claims.