They’ve Got Next: The 40 Under 40 - Brian Sylvester of Perkins Coie

Please describe two of your most substantial, recent wins in practice

I recently advised XPRIZE Feed the Next Billion on how to perform taste tests of novel foods safely and lawfully. XPRIZE Feed the Next Billion is a multi-year, $15M competition incentivizing emerging food tech startups around the world to produce alternative proteins that replicate or outperform conventionally produced chicken and fish in: access, environmental sustainability, animal welfare, nutrition, as well as taste and texture.

My work involved the intersection of law and science. I dived into the technical complexities of the competing startups’ various food technologies—such as precision fermentation and cell culture technology, and I engaged with food regulators to develop tailored regulatory solutions and protocols to taste test a range of novel foods, setting the stage for a successful and inspiring capstone event.

Last spring, as lead FDA counsel to an Israel-based food tech startup, I obtained the second ever greenlight from FDA to commercialize milk protein produced without the cow via precision fermentation—a burgeoning technology that seeks to reduce reliance on animal agriculture to sustainably produce casein, chicken egg protein, and other animal-derived ingredients commonly used to formulate a broad range of foods.

To achieve this result, I learned the nuances of the science underpinning the manufacturing process and developed a tailored regulatory strategy to frame fruitful discussions with FDA on first impression issues and craft a winning FDA submission.

I found it rewarding to apply my firsthand knowledge of the U.S. regulatory framework to bring this novel ingredient to market. The FDA’s green light sets the stage for future similar precision fermentation approvals here in the US and overseas and contributes to the growth of this multibillion dollar sector more broadly.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

To be collegial and take a measured and thoughtful approach to all work, no matter how big or small. And importantly, to welcome and incorporate constructive feedback from senior lawyers to sharpen your skill set and perform even better.

How do you define success in your practice?

Because issues of social justice and public health have guided my career decisions for as long as I can remember, I have focused my FDA regulatory practice on startups and household brands around the world that are mission-driven to sustainably produce foods to meet the Earth’s rising population and to reduce inequities in who gets wholesome, nutritious food thereby leading to a better-fed, healthier society.

For me, success in my practice means alignment of my personal passion for doing good with the intellectual rigor and reward of shaping law and policy to commercialize first-impression technologies such as precision fermentation, molecular farming, cellular agriculture, and more that aim to solve for food security and a ballooning global population expected to reach 9.7 billion by 2050.

My mantra: Do stellar work, focus on what drives you, inspire confidence, build trusting relationships, always persist despite any headwinds, and remain true to yourself. Rewarding opportunities and client success will follow.

What are you most proud of as a lawyer?

Last spring, I obtained a favorable result from FDA to commercialize milk protein without the cow on behalf of Remilk Ltd, an Israel-based food tech company. Remilk produces milk without the cow through precision fermentation, a burgeoning technology set for wide-scale commercialization on a global basis. In fact, the global marketplace for precision fermentation ingredients currently stands at USD $2.8 billion and is projected to reach USD $36.3 billion by 2030, by some estimates.

Remilk is only the second company globally to receive FDA’s green light to produce milk protein in this way—a key ingredient for many foods produced and distributed by Remilk to multinational brands. To lead Remilk to success, I learned the nuances of the science and manufacturing process and developed a tailored regulatory strategy to frame fruitful discussions with FDA and ultimately develop a robust written submission to FDA called a GRAS Notice to which FDA responded favorably in February.

My work for Remilk represents a crystallization of my efforts to creatively apply the law to help get to market food that is healthy, delicious, affordable, and accessible—one step at a time. My role in the FDA submission and review here is a matter of public record and has fomented high interest and rewarding work in my rapidly growing food tech strategy and regulatory counseling practice.

Who is your greatest mentor in the law and what have they taught you?

John Dubeck (FDA partner at Keller and Heckman LLP, now retired) taught me to think broadly about clients’ issues and develop smart and practical solutions. Working with John also honed my ability to write effectively for busy clients who need accurate and concise advice.

Perhaps most importantly, I learned at a very early stage to allow my personality to shine through so that I can be authentically me. This has allowed me to effortlessly establish fruitful and collaborative working relationships and friendships with colleagues and clients cutting across a broad range of cultures and jurisdictions from Israel and the European Union to Australia, Japan, and beyond.

Tell us your two favorite songs on your summer music playlist.

“Beautiful Day” by U2 is an all-time favorite of mine, dating back to my freshman year at Dartmouth. For me, it evokes memories of crisp New England air, towering trees, soft September sunsets, and a sense of place.

“Water” by Tyla is another favorite on my summer playlist. It’s a vibrant blend of South African Amapiano with hints of Afrobeats, R&B and pop, and was on repeat on a recent trip back to the Caribbean island of Grenada where my family originates.

Brian Sylvester of Perkins Coie celebrating his birthday on a rooftop in Rome, Italy.

Credit: Brian Sylvester and Jonathan Hurtarte/Bloomberg Law