Michael D. Flanagan

Partner/Retired

Michael D. Flanagan

Partner/Retired

Michael D. Flanagan is a partner and business lawyer with Foley & Lardner LLP. His practice includes compliance counseling, auditing, due diligence and risk allocation in transactions, administrative proceedings and litigation. He is the immediate past co-chair of the firm’s Food & Beverage Industry Team. A member of the firm’s Environmental Regulation Practice, Mike counsels and represents clients on environmental law, Food & Drug Administration (FDA) matters, and health and safety issues.

Mike represents a wide variety of manufacturing and commercial clients, and has developed particular experience in addressing regulatory issues impacting the food industry. He assists numerous clients specializing in the processing, manufacturing, and distribution of food products on regulatory matters, including environmental permitting, waste disposal, product labeling, product recalls and reporting requirements, and OSHA compliance.

Representative Experience

  • Represented and counseled a national food producer/food retailer (with more than 1500 company-owned or franchise-operated retail outlets) in connection with national recalls of food products.
  • Counseled a national retail food company regarding FDA requirements applicable to labeling food and beverage products, including allergen labeling, nutrient content claims and health claims.
  • Counseled a pet food company regarding product recall arising out of potentially contaminated ingredient received from supplier and recovery of related costs from supplier.
  • Counseled a national food producer/retailer on a wide range of matters including product recalls, restaurant/menu labeling requirements, product labeling, nutrient content claims, allergen labeling, all natural claims, product naming, standards of identity, supplier contracts, product guarantees, etc.
  • Provide food regulatory compliance counseling to a company headquartered in San Diego, California, that operates over 190 restaurants, on issues including allergen labeling, restaurant menu labeling, health and structure/function claims, nutrient content claims, health claims, all natural claims and related issues.
  • Represented a leading manufacturing company in connection with the ongoing remediation of the company’s former location of operations. Chlorinated solvent contamination (tetrachloroethene, trichloroethene, cis-1,2-dichloroethene and vinyl chloride) was discovered in the soil and groundwater at the time this large manufacturing facility was sold, and the company retained responsibility for investigation and remediation of the identified contamination in cooperation with the current property owner. Groundwater contamination was detected at depth and was migrating off-site, and a municipal well field was located adjacent to the property.
  • Counseled a leading food company regarding product destruction arising out of potentially contaminated ingredients received from supplier and recovery of related costs from supplier.
  • Represented a major international cheese and dairy company in the acquisition of a specialty cheese company, via a stock purchase.
  • Counseled a leading food ingredients company regarding product labeling requirements, including ingredient declarations, nutrient content claims and allergen labeling issues.
  • Counseled a beverage manufacturer regarding national product withdrawal in response to allegations regarding alcohol content of product, and related negotiations with distributors, retailers and regulators (FDA and TTB).
  • Counseled an international food ingredients manufacturer regarding regulatory issues related to the historic and proposed use of various ingredients and additives in food products. Also advised the client regarding historic and proposed claims concerning probiotics on product labels and in related advertising.
  • Represented a consumer products manufacturer in defense of a U.S. EPA enforcement action for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) arising out of product labeling of antimicrobials in consumer products.
  • Represented an energy company in connection with the remedial investigation and feasibility study of a former coke and gas site in the Midwest pursuant to a Consent Order with U.S. EPA. The site, which borders a river in a primarily industrial and commercial municipal area, has been used for industrial activities since the 1800s, including a manufactured coke and gas facility, coal storage, a concrete recycling facility and a scrap and salvage operation.

Awards and Recognition

Mike has been Peer Review Rated as AV Preeminent®, the highest performance rating in Martindale-Hubbell® Peer Review Ratings. He was selected by his peers for inclusion in The Best Lawyers in America© in the fields of Environmental Law (2008 – 2021), Litigation – Environmental (2012 – 2021) and Natural Resources Law (2012 – 2021). Mike was also named the Best Lawyers® 2015 and 2017 Natural Resources Law “Lawyer of the Year” in Milwaukee. In 2011 – 2017, he was named one of America’s Leading Lawyers in the area of natural resources & environment law by Chambers USA.

Affiliations

  • Member, American Bar Association
  • Member, State Bar of Wisconsin
  • Member, Milwaukee Bar Association
  • Past Chair, Environmental Law Section of the State Bar of Wisconsin

Thought Leadership

Mike is the author of numerous articles and a frequent lecturer on regulatory compliance issues.

20 August 2020 Press Releases

Foley Attorneys Recognized in The Best Lawyers in America 2021 List

Foley & Lardner LLP announced today that 20 of its attorneys earned Best Lawyers 2021 “Lawyer of the Year” recognition in their respective practice areas. In addition, 243 of the firm’s attorneys from 18 offices have been listed in The Best Lawyers in America 2021. Another 51 of the firm’s attorneys from 14 offices have been named to the new category of Best Lawyers: Ones to Watch, which recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice.
15 August 2019 Press Releases

Foley Attorneys Recognized in The Best Lawyers in America 2020 List

Foley & Lardner LLP announced today that 20 attorneys earned Best Lawyers 2020 “Lawyer of the Year” recognition in their respective practice areas, receiving the top nod from Best Lawyers. In addition, 233 of its attorneys from 18 offices have been listed in The Best Lawyers in America 2020.
01 May 2019 Press Releases

Foley Represents AUA Private Equity in Gourmet Culinary Holdings Investment

Foley & Lardner represented AUA Private Equity Partners, LLC in connection with its investment in Gourmet Culinary Holdings, LLC, a holding company organized to acquire interests in, and partner with, premium specialty food manufacturers in the United States that focus on culinary solutions for customers in the food service and retail sectors.
15 August 2018 Press Releases

Foley Attorneys Recognized In The Best Lawyers in America 2019 List

Foley announced today that 27 of its attorneys earned <EM>Best Lawyers 2019</EM> “Lawyer of the Year” recognition in their respective practice areas. In addition, 242 of the firm’s attorneys in 19 offices have been listed in <EM>The Best Lawyers in America 2019</EM>. <BR>
10 November 2017 Newsletters

FDA Draft Guidance on Menu Labeling

On November 7, 2017, the FDA released draft guidance regarding menu labeling requirements for certain chain restaurants and food establishments that are subject to the menu labeling requirements of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act.
15 August 2017 Press Releases

Foley Attorneys Recognized in The Best Lawyers in America 2018 List

Foley announced today that 25 attorneys earned Best Lawyers® 2018 “Lawyer of the Year” recognition in their respective practice areas, receiving the top nod from Best Lawyers.