Overview

Rachael Dettmann Spiegel is a food lawyer that utilizes her deep knowledge of food and feed supply chains to provide practical and effective advice to food and agribusiness clients in the areas of litigation, regulatory compliance, M&A due diligence and contractual matters. Her unique background in the food and ag industry, including her work as an agricultural economist at the U.S. Department of Agriculture (USDA), informs her ability to effectively advise clients regarding litigation and regulatory compliance risks throughout the food and animal feed supply chain.

Food & Agribusiness Litigation

Rachael works with litigation teams representing food and feed manufacturers, distributors and retailers in litigation arising from recalls, foodborne illness outbreaks and commercial supply chain disputes. Her experience includes managing discovery, taking and defending fact and expert depositions, and mediation and settlement negotiations.

Regulatory & Transactional

Rachael counsels food, feed and agribusiness clients on regulatory compliance and business transaction matters to mitigate client risk throughout their supply-chain. Rachael’s experience includes:

  • Utilizing her in-depth knowledge of Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) requirements to provide practical compliance advice, including advising on compliance with FSMA’s Preventive Controls, Current Good Manufacturing Practices (CGMPs) and Foreign Supplier Verification requirements for food and feed manufacturers and importers.
  • Drafting FSMA compliance programs for animal feed and human food manufacturing facilities.
  • Advising clients through foodborne illness outbreaks, product recalls, FDA inspections and enforcement actions, counseling client teams regarding communications with FDA and subsequent litigation risks.
  • Counseling fresh produce clients regarding compliance with the Perishable Agricultural Commodities Act (PACA), including PACA licensing and contracting requirements, advising on the PACA trust provision and securing PACA payments through bankruptcy proceedings.
  • Collaborating with the firm’s corporate attorneys in M&A due diligence and agreement drafting, advising on any food regulatory and litigation issues that may impact a food or animal feed transaction.
  • Drafting supply agreements and contract manufacturing agreements to address issues related to food safety, marketing, regulatory compliance, indemnification, import/export issues, inspections and recalls.

Credentials

Bar Admissions

Minnesota
Colorado

Court Admissions

U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of Nebraska

Certifications
Foreign Supplier Verification Program Qualified Individual
Education

Drake University Law School
J.D. Drake Journal of Agricultural Law (editor-in-chief) (2012)

University of Minnesota
M.S. in Applied Economics (2007)

University of Minnesota
B.S. in Applied Economics, summa cum laude (2005)

Insights & Events

Other Perspectives
  • Food Safety and Legal Risk
    Presenter, Almond Alliance Annual Meeting, May 2018
  • Surveying the Legal Risk Landscape
    Presenter, National Almond Conference, December, 2017
  • The Law of Secured Transactions Under the Uniform Commercial Code
    Co-author, Ch. 8: The Food Safety Modernization Act: Compliance Issues for Secured Lenders, May 2017
  • The Food Safety Modernization Act: A Primer for Secured Lenders (Part II)
    Co-author, Clarks Secured Transactions Monthly, November 2016
  • The Food Safety Modernization Act: A Primer for Secured Lenders (Part I)
    Co-author, Clarks Secured Transactions Monthly, October 2016
  • Food Law Movers and Shakers Panel
    Harvard Law and Drake University's Food Law Student Leadership Summit, October 1, 2016
  • Food Safety Modernization Act: A Case Study
    Women in Agribusiness Conference, September 28, 2016
  • Financing, Food Safety Modernization Act (FSMA) and the Future: A Candid Conversation Between Companies and Lenders
    Co-moderator, 2016 Food & Agriculture National Conference, Faegre Baker Daniels, Indianapolis, May 2016
  • FSMA and Food Safety: Understanding the Impact on Customers and Lenders
    Presentations to commercial banks, 2015/2016
  • FSMA’s Impacts on the Grain and Feed Industry
    Iowa Institute for Cooperatives, Co-op Manager’s Association Meeting, October 15, 2015
  • FSMA and Food Safety: Considerations for Secured Lenders
    Co-author, Clarks Secured Transactions Monthly, August 2015