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 and Agribusiness Industry practice. 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.
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.
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 $40 million processing facility, including resolution of sewage treatment expansion permitting and construction issues.
- 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.
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.
- 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.
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)
- American Bankruptcy Institute
Commercial Law League of America
American, Pennsylvania and Berks Bar Association
- The Best Lawyers in America®, Banking and Finance Law, Corporate Law (2021, 2022, 2023)
Pennsylvania Super Lawyers (2005)
United Way of Berks County; 2004 Doran Award, 1999 June A. Roedel Legacy of Commitment Award
- 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)