Back to All Professionals

Timothy G. Dietrich
Partner

Food & Agribusiness Industry Group Chair

Back to All Professionals
Timothy G. Dietrich
Partner

Food & Agribusiness Industry Group Chair

Contact
Office

Reading, PA

Tim Dietrich provides strategic advice for businesses, financial institutions and governments in a number of areas, including organization and governance and the structuring, negotiation, and closing of corporate and commercial financial transactions. Tim continues to advise financial institutions and businesses in situations involving financial distress and to provide a wide array of advice to governments, including utilities matters.

Tim leads Barley’s Food & Agribusiness Industry Group, and he is also actively involved with the firm’s Senior Living Industry Group. During the years 2008 through 2013, Tim served as Barley Snyder’s managing partner and initiated Barley’s process improvement program called Practice Excellence®. This firm-wide program focuses on quality, knowledge and service. The program also emphasizes efficiency and standardization by applying lean principles to our practice. The program began in 2008 and is being led by Practice Excellence® “Champions” of each of our practice groups.

Business Law

Tim’s practice involves general corporate counseling and representation in acquisitions and other transactions for both privately and publicly held businesses. In some instances, he serves clients in a “general counsel” role, providing representation on general business, corporate and financial matters, while also assisting in the coordination of litigation, regulatory compliance and other matters. He has devoted a significant portion of his practice to counseling businesses involved in the development, manufacturing and marketing of medical devices.

Some of Tim’s representative transactions in his business practice:

– Representation of manufacturers in the formation and termination of product distribution relationships, both domestic and international.

– Negotiation of agreements involving various combinations of research and development, product development, purchasing and strategic sourcing, licensing and distribution for medical and other technologies and food and agribusiness firms.

– Representation of purchasers and sellers in corporate acquisitions, particularly asset purchases of early-stage technology firms.

– Assisting clients with critical regulatory and quality assurance matters including government inspections and recalls.

– As a member of the Senior Living Industry Group, he has advised senior living organizations on a number of matters, including complex organizational affiliations, as outlined in the Senior Living section below.

Senior Living

Tim has represented senior living facilities in various matters, including:

– Represented multiple parties in negotiation, due diligence and document drafting for multi-party affiliation of senior living facilities, including addressing Hart-Scott-Rodino clearance with the Federal Trade Commission.

– Creation of holding company structure for senior living community to facilitate innovation and services expansion, as well as acquisitions.

– Representation of a large senior living community in acquisition of control of another non-profit CCRC and its long-term care facilities.

– Representation of multiple senior living organizations in development and construction projects, including land use approvals, design and construction contract negotiations (and disputes), and financing.

– Representation of charitable foundations affiliated with senior living communities in various regards, including establishment of scholarship fund for employees.

– Borrower counsel in approximately $70 million financing which refinanced existing indebtedness and also financed payment for acquisition of control for previous nonprofit controlling member.

Food & Agribusiness

Tim is utilizing his knowledge of FDA, USDA and other regulatory requirements to assist clients in the food and agriculture areas with their transactional needs and compliance with the more rigorous requirements of the Food Safety Modernization Act.

Some of Tim’s representative food and agribusiness successes:

– Represented buyer in multi-state, $140 million acquisition of agricultural production and processing facilities.

– Represented food processor in development of $330 million processing facility, including resolution of sewage treatment expansion permitting and construction issues.

– Represented food processor in development of $40 million processing facility, including resolution of sewage treatment expansion permitting and construction issues.

– Represented food processors in facility expansions and modernizations.

– Represented food processor in addressing USDA – Food Safety and Inspection Service concerns regarding Salmonella and potential recall.

– Counsel to food processor with respect to FDA testing, recall request and warning letter regarding Salmonella.

– Advising various food processing clients on food co-packing contracts.

– Counsel to lender in $40 million secured revolving facility and $45 million unsecured revolving facility for food processors.

– Counsel to borrower in $83 million secured facilities for working capital and construction for food processor.

– Counsel to food and agribusiness client for long-term, joint venture organic animal feed supply agreement.

– Negotiation of contractual issues in food processing supply chain, including for organic and GRAS (generally recognized as safe) ingredients.

– Negotiation of agreements involving product development, licensing, and distribution.

– Counsel in FDA and USDA inspection settings and in connection with product recalls and insurance claims.

Banking

Tim works extensively with lenders and borrowers in various aspects of secured and unsecured credit transactions, including syndicated and participated loans, real estate acquisition and construction financing, asset-based transactions, acquisition financing, loan work-outs and restructurings and tax-exempt financing. The focus of Tim’s lending practice is on middle market loan and small loan borrowers.

Representative transactions:

– Counsel to agent bank in a $375 million unsecured revolving working capital credit facility for retail borrower.

– Counsel to agent bank in total of $43 million of secured revolving facilities for working capital and land acquisition for a hardwood lumber firm.

– Counsel to publicly traded corporate borrower in a $90 million multi-currency revolving credit facility.

– Counsel to lender in a $25 million secured line of credit facility providing working capital for a clothing licensee/importer/manufacturer.

– Counsel to lender in secured $40 million term debt and $4.5 million revolving debt financings for wholesale electric generation plants.

– Represented lenders as letter of credit bank counsel in revenue bond transactions.

– Represented lenders in financing the acquisition and development of numerous commercial and residential projects in Pennsylvania, including leasehold, site condominium and credit tenant projects.

Creditors’ Rights and Bankruptcy

Tim began his career as a bankruptcy lawyer and continues to give strategic advice and representation to clients facing various aspects of distressed financial situations. His creditors’ rights and bankruptcy practice currently is focused on secured and unsecured creditor representation in bankruptcy proceedings, as well as loan workouts and forbearance negotiation. He has represented businesses as debtors in bankruptcy and collection proceedings, including debtor representation in workouts and distressed settings, including Chapter 11 reorganization cases resulting in plan confirmations. Outside of bankruptcy, he has represented creditors in foreclosure, confession of judgment, execution, debt sale and assignment matters. He has lectured for the Pennsylvania Bar Institute and the Eastern District of Pennsylvania Bankruptcy Conference on Chapter 11 issues.

Recent representative matters:

– Defense of pre-bankruptcy purchaser of industrial facility in a Section 548 fraudulent conveyance action brought by liquidating trustee in bankruptcy, seeking over $6 million, which was settled for litigation costs.

– Representation of secured lender in Chapter 11 case of firm engaged in publishing, including liquidation of intellectual property rights.

– Representation and defense of secured creditor in Chapter 11 proceeding and related lender liability cases regarding failed vehicle floor plan borrower.

– Representation of secured creditors in a number of workout and Chapter 12 bankruptcy cases for agricultural operations.

– Representation of secured lender /letter of credit issuer for revenue bonds in Chapter 11 case of printer.

Municipal Law

Tim represents local governments in matters of governance, procurement, finance, land use, code enforcement, utilities and other matters. His clients include boroughs, townships, planning commissions, municipal authorities, redevelopment authorities, and transportation authorities. He has been involved as government counsel or solicitor in construction project issues, sewer and water project issues, proprietary function matters, difficult code enforcement and land use issues related to undergraduate student housing and religious uses, open space preservation issues and police/law enforcement concerns. He provided legal counsel in connection with the financing, construction and operation of the first municipally-owned and operated fiber optic broadband system in Pennsylvania. He also has successfully negotiated complex multi-party sewage treatment agreements, including the formation and financing of joint authorities and capacity/construction agreements involving a mixture of public and private parties (PPP).

OTHER PROFESSIONAL EXPERIENCE
  • Clerk of Court, Estate Administrator, U.S. Bankruptcy Court for the Northern District of West Virginia (1982-1984)

MEMBERSHIPS
  • American Bankruptcy Institute

  • Commercial Law League of America

  • American, Pennsylvania and Berks Bar Association

RECOGNITIONS
  • The Best Lawyers in America®, Banking and Finance Law, Corporate Law (2021, 2022, 2023, 2024)
  • Pennsylvania Super Lawyers (2005)

  • United Way of Berks County; 2004 Doran Award, 1999 June A. Roedel Legacy of Commitment Award

PRESENTATIONS
  • M&A vs. Organic Growth – Governance, Financing and Other Implications, Kairos Education Conference & Exhibit (September 2023)
  • Breaking Eggs, Not Businesses: A Solutions-Focused Discussion on Dealing with the Highly Pathogenic Avian Influenza Outbreak, webinar (June 2022)
  • Supply Chain Management: A Study in Sustainability, Traceability, Economic, and Environmental Impact, Fifth Advanced Summit on Food Law – Regulation, Compliance and Litigation (May 2021)

  • Selling Your Products: 2021 Challenges, Opportunities, Virtual Food, Ag Summit (March 2021)

  • COVID-19 Vaccine: The Impact on the Food, Agribusiness Industry, webinar (December 2020)

  • Allergens: The Liability Implications of Voluntary Disclosures and Recall, 4th Advanced Summit on Food Law – Regulation, Compliance and Litigation (July 2020)

  • Panelist: Embracing Change, Preparing for the Future 2019 Reading Business Seminar (October 2019)

  • Organic Supply Chain: Protecting Your Brand, Food; Ag Summit (February 2019)

  • The Special Assets Environment, Lendicon 2018 (March 2018)

  • Inspections in the Age of FSMA: What To Do If the Government Shows Up at Your Door , American Conference Institute Food Law and Regulation Boot Camp (November 2017)

  • Exploring Individual Liability Through the Invocation of a Corporate Office Doctrine and Yates Memo as they Apply in the Food Industry, Food Law and Regulation Forum (May 2017) 

  • Current Issues in Agri-Business and Food Processing Lending, Barley Snyder LendiCon Seminar (March 2016)

  • Bankruptcy Update, Barley Snyder LendiCon Seminar (March 2015)

  • Consumer Preferences and Federal Responses – The Impact of Upcoming FDA and USDA Regulations on Food and Agribusiness, FEI Central Pennsylvania Chapter (May 2015)

  • Protecting Yourself from the CFPB, Barley Snyder LendiCon Seminar (November 2013)

Timothy G. Dietrich
Education
  • Dickinson School of Law, J.D.
  • Muhlenberg College, A.B., cum laude
Admissions
  • Pennsylvania
  • Supreme Court of Pennsylvania
  • U. S. Bankruptcy Court for the Eastern District and Middle Districts of Pennsylvania
  • U. S. District Court for the Eastern and Middle Districts of Pennsylvania
  • U. S. Court of Appeals for the Third Circuit
  • U. S. Supreme Court
Community Involvement
Helping Harvest Fresh Food Bank

Board member

The National Food Lab, Inc.

Director

Greater Reading Chamber and Economic Development Corp., d/b/a Greater Reading Chamber Alliance

Legal counsel

Berks County Chamber Foundation

Legal counsel

The Highlands at Wyomissing

Former Chair of the board of directors and director

Alvernia University, Reading, Pa.

Former Trustee

United Way of Berks County

Former board member and allocations process leadership

Related News

View More News
News Alert
December 6, 2023

New Poultry Contract Regulations Going into Effect

Following the announcement of revised rules aimed at enhancing transparency...

Learn More
Press Release
July 31, 2023

Barley Snyder Partner Timothy G. Dietrich Elected to Serve on Helping Harvest’s Board of Directors

For Immediate Release Reading, Pa. – Barley Snyder is pleased to announce...

Learn More
News Alert
July 19, 2022

Challenge to USDA Authority to Regulate Animal Welfare Label Claims

Protein companies that are regulated by the U.S. Department of Agriculture ...

Learn More
News Alert
May 23, 2022

HPAI Update

This client alert is an update to our February 25, 2022 alert, Prepari...

Learn More
News Alert
February 25, 2022

Preparing for another outbreak: HPAI

Agribusiness is keeping watch over the latest threat to the food system, an...

Learn More
Press Release
August 25, 2021

“Best Lawyers” Honors 30 Barley Attorneys

For Immediate Release  Lancaster, Pa. – Barley Snyder is please...

Learn More
News Alert
October 5, 2020

Lease Restructurings Now (Part 2)

(Note: This is Part 2 of a two-part alert on lease restructurings during th...

Learn More
News Alert
October 2, 2020

Lease Restructurings Now (Part 1)

(Note: This is Part 1 of a two-part alert on lease restructurings during th...

Learn More
Press Release
August 20, 2020

Nearly Thirty Barley Snyder Attorneys Named “Best Lawyers”

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley...

Learn More
Press Release
June 3, 2020

Barley Snyder Attorney Boyle Named to Pennsylvania Hemp Steering Committee

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley...

Learn More
News Alert
March 30, 2020

Families First Exemption Now Expanded to CCRC/Nursing Home Workers

With only days to spare, continuing care retirement communities and nursing...

Learn More
News Alert
March 16, 2020

Understanding Quarantines in Pennsylvania Senior Living Facilities

The continuing spread of the novel COVID-19, otherwise known as coronavirus...

Learn More
News Alert
August 30, 2019

Bankruptcy Code Changes, Part 2: Small Businesses Catch a Break

Recent amendments to the U.S. Bankruptcy Code will likely increase bankrupt...

Learn More
News Alert
August 29, 2019

Bankruptcy Code Changes, Part 1: Family Farmer Relief Act

Recent amendments to the U.S. Bankruptcy Code will likely increase bankrupt...

Learn More
News Alert
August 12, 2019

Can There Still be Such a Thing as a Free (School) Lunch?

A new proposal in the U.S. Farm Bill could cut off the free lunch program t...

Learn More
News Alert
July 17, 2019

Knick v. Township of Scott: SCOTUS Opens Pandora’s Box for Developers and Municipalities

A recent U.S. Supreme Court decision could have far-reaching effects for pr...

Learn More
News Alert
April 4, 2019

What We Learned: Five Ag Lending Takeaways from LendiCon

I recently moderated a panel discussion on dairy-focused agricultural loan ...

Learn More
News Alert
March 14, 2019

Harder to Hide From Creditors in Pennsylvania

The February decision by the U.S. Court of Appeals for the Third Circuit he...

Learn More
News Alert
January 24, 2019

How the Federal Government Shutdown Could Affect Your Business

We have now passed the one-month point for the federal government shutdown,...

Learn More
News Alert
January 16, 2019

Agribusiness Loses – Supreme Court Punts on Prop 12

The U.S. Supreme Court this month declined to hear arguments agai...

Learn More
News Alert
November 9, 2018

New FTC Guidance on Nonprofit Mergers and Acquisitions

New federal guidance means more nonprofit hospitals and senior living organ...

Learn More
News Alert
November 8, 2018

California Voters Approve New Animal Confinement Rules

A new, voter-approved California law could have wide-reaching effects for a...

Learn More
News Alert
October 11, 2018

Poultry Processors May Qualify for Line Speed Waivers

Thanks to a new waiver opportunity, chicken processing plants may soon be a...

Learn More
News Alert
October 3, 2018

Now is the Time for FDA Food Facility Registration Renewal

October 1 marks the start of the three-month period for the biannual renewa...

Learn More
Press Release
June 14, 2018

Barley Snyder Celebrates 10th Anniversary of Practice Excellence®

For Immediate Release Lancaster, Pa. –While some law firms have only rece...

Learn More
News Alert
January 30, 2018

Food & Agribusiness 2017 Year in Review

As we move further into 2018, we just wanted to let you know about some of ...

Learn More
News Alert
September 11, 2017

When Leaseholds and Sales Collide in Bankruptcy

Two sections of the Bankruptcy Code addressing leases sometimes work in tan...

Learn More
News Alert
August 25, 2017

FDA Delays Start of New Animal Food Inspections

The Food and Drug Administration recently announced it will delay the date ...

Learn More
News Alert
August 23, 2017

Food Safety Plan Builder is Very Helpful, but Not the End of Your Plan

The Food and Drug Administration has new software to guide you through the ...

Learn More
Press Release
June 1, 2017

Barley Snyder’s Tim Dietrich Presents at National Food Conference

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley...

Learn More
News Alert
May 2, 2017

FDA Delays Menu Compliance Date … Again

NOTE: This is an update to a previous alert, “Menu Compliance Counts Star...

Learn More
News Alert
April 17, 2017

Menu Compliance Counts Starting May 5th

Restaurant calorie labeling: Starting next month, it’s not just for McDon...

Learn More
Press Release
March 21, 2017

Barley Snyder Tops JD Supra’s 2017 Food & Beverage List

Media Contact: Michael Sadowski, Communications Coordinatormsadowski@barley...

Learn More
News Alert
February 9, 2017

Final Rule Affecting Organic Livestock and Poultry Producers Put on Hold

As Barley Snyder follows the evolution of the Organic Livest...

Learn More
News Alert
January 23, 2017

Clearing up Standards to Earn Government’s “Organic” Seal

Federal officials believe a new rule will increase consumer confidence in t...

Learn More
News Alert
June 13, 2016

New Container Weight Requirements Effective July 1, 2016

This summer, new container weight requirements go into effect for container...

Learn More
News Alert
March 1, 2016

“BAD BOY” GUARANTYS

A. BACKGROUND The term “bad boy” guaranty is used in certain circumstan...

Learn More
News Alert
March 1, 2016

Loan Participations

The 2007-2010 period illustrated that lenders must use greater care when se...

Learn More
News Alert
February 11, 2016

New Final USDA Rule to Reduce Salmonella and Campylobacter in Poultry

On February 4, 2016, the U.S. Department of Agriculture (USDA) Food Safety ...

Learn More
News Alert
February 8, 2016

Bankruptcy Trumps Collective Bargaining Agreement

A federal court recently ruled that the Bankruptcy Code (the “Code”) pe...

Learn More
Article
May 4, 2015

Key Points: Financing Leasehold Interests in Real Estate

Merely adding the word “leasehold” to your standard mortgage form does ...

Learn More
News Alert
April 21, 2015

USDA National Organic Program Instruction on Use of Brand or Company Names Containing the Word “Organic”

On August 14, 2014, the National Organic Program (NOP) of the United States...

Learn More
News Alert
February 20, 2015

Pennsylvania’s New Power of Attorney Law: What it could mean to confessions of judgment in commercial loan documents

Pennsylvania’s power of attorney law was overhauled, effective as of Janu...

Learn More
News Alert
February 20, 2015

West Coast Ports Labor Turmoil – Time to Dust Off That Overlooked Force Majeure Clause?

AUTHOR NOTE: The Pacific Maritime Association and the International Longsho...

Learn More
News Alert
July 18, 2013

Pennsylvania Enactment of the 2010 Amendments to UCC Article 9

On June 27, 2013, Governor Corbett signed into law Senate Bill 381, which e...

Learn More

Related Resources

View All Resources
Podcast
March 18, 2024

Legal Update: Supply Chain Series

Do you have a topic idea for a future episode? Please send your suggestions to barleypodcast@barley.com.

Learn More
Podcast
May 3, 2023

18. Barley Snyder Legal Update Podcast: Supply Chain Disruption

To learn more about our Transportation, Logistics & Trade Group, click here. Do you have a topic idea for a future episode? Please send your suggestions to barleypodcast@barley.com.

Learn More
Webinar
June 7, 2022

Breaking Eggs, Not Businesses: A Solutions-Focused Discussion on Dealing with the Highly Pathogenic Avian Influenza Outbreak Webinar Replay

We hosted a webinar titled “Breaking Eggs, Not Businesses: A Solutions-Focused Discussion on Dealing with the Highly Pathogenic Avian Influenza Outbreak” on Tuesday, June 7, 2022. The increasing spread of the Highly Pathogenic...

Learn More
Webinar
December 8, 2020

Wake Up with Barley: A Morning on Real Estate Webinar Replays

The webinar replays below are from our “Wake Up with Barley: A Morning on Real Estate” virtual seminar held on Tuesday, December 8. Our Barley Snyder attorneys were joined by...

Learn More
Webinar
October 30, 2020

2020 Certainty in an Uncertain World Webinar Replay

This webinar – presented by Barley Snyder, Fulton Bank, Fulton Private Bank and Murphy McCormack Capital Advisors on October 29 – focused on the possible impacts of the presidential election...

Learn More
Podcast
May 22, 2020

7. COVID-19 Legal Update Podcast

Barley Snyder COVID-19 Legal Update – Episode 7 In the seventh episode of the Barley Snyder COVID-19 Legal Update Podcast, our host, employment attorney David Freedman is joined by attorney Timothy Dietrich, the...

Learn More
Apr
10
12:00 pm
-
6:00 pm
event
Location

LendiCon 2024

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers