Wendy Yoviene

Baker, Donelson, Bearman, Caldwell & Berkowitz PC

$ $$$

K Street Northwest 901
Washington 20001 DC US

Wendy M. Yoviene is a shareholder in Baker Donelson’s Washington, D.C. office. Ms. Yoviene serves as outside general counsel for business and trade association clients and is one of the firm’s experienced federal court litigators.

Ms. Yoviene combines her decade-plus experience interfacing with state and federal agencies and legislatures with her litigation savvy to identify and bring about practical solutions for business problems in a highly regulated environment.

She also provides her clients with business advice and antitrust counseling, handles high stakes and complex litigation matters, including business disputes, administrative proceedings, Commerce Clause, Preemption, First Amendment and Class Action defense litigation, as well as hospital-physician peer review proceedings.

Among others, Ms. Yoviene represents numerous food and agriculture clients before state and federal agencies and in the litigation that arises out of such proceedings. She represents processor and producer groups in proceedings before the Food and Drug Administration, the United States Department of Agriculture and various state agencies. She has obtained numerous agency rulings and has successfully defended them in court.

Ms. Yoviene is also well-versed in other agriculture regulatory programs, including the Perishable Agricultural Commodities Act (PACA); the National Organic Program; and food labeling issues such as those related to artificial growth hormones and cloning, food safety and standards of identity. In addition, Ms. Yoviene serves as regulatory counsel for food and agriculture clients in mergers and acquisitions.

EDUCATION:

  • University of Virginia School of Law, J.D., 1997
  • University of Virginia, B.A., 1992

ADMISSIONS:

  • District of Columbia
  • Pennsylvania
  • Court of Appeals of the District of Columbia
  • Supreme Court of Pennsylvania
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Supreme Court

Representative Matters:

  • Obtained U.S. District Court dismissal on filed rate doctrine grounds of nationwide class action alleging damages from purported improper reporting of end-product prices used by the United States Department of Agriculture to establish federal minimum prices payable to dairy farmers. Carlin, et al. v. DairyAmerica, Inc. et al., 690 F.Supp.2d 11 (E.D. Cal. 2010).
  • Obtained preliminary injunction on dormant commerce clause grounds against the Pennsylvania Milk Marketing Board’s new regulation changing the method of calculating and distributing the Pennsylvania mandated premium for raw milk. Fair Oaks Farm et al. v. Kriebel et al., M.D. PA 10-1591, slip opinion, (September 16, 2010)
  • Intervened in support of regulations adopted by the U.S. Department of Agriculture, which were alleged to restrict access to the fluid milk market, but which were upheld on procedural and substantive grounds. White Eagle v. Conner, 553 F.3d 467 (7th Cir. 2009)
  • Obtained injunction on preemption and dormant Commerce Clause grounds against Kentucky’s embargo of California nursery products already subject to United States Department of Agriculture quarantine rules. California Association of Nursery Growers v. Farmer, No. 04-38-JMH (E.D. Ky. 2004)

Professional Memberships:

  • Member – Agriculture Law Association
  • Member – American Bar Association

Cost

Rate : $$$$

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K Street Northwest 901
Washington 20001 DC US
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Lina Stillman

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Broadway 42
New York 10006 NY US
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