Food and Beverage

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J. Kate Harris Hatcher Partner T: +1 704 343 2239 khatcher@mcguirewoods.com

Angela M. Spivey Partner T: +1 404 443 5720 aspivey@mcguirewoods.com

James F. Neale Partner T: +1 434 977 2582 jneale@mcguirewoods.com

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Representative Matter

Private equity firm

Represented a private equity firm in its acquisition of a 32-unit wing franchisor restaurant chain for an undisclosed amount. The chain operates 11 company-owned and franchises 21 other stores in Florida, Georgia, North Carolina, South Carolina, Tennessee, Texas and Virginia.

Representative Matter

Private equity firm

Represented a private equity firm with AUM of $200 million and a focus on mezzanine investments in the formation of an SBIC fund.

Representative Matter

World’s largest pork producer and processor

Representation of a large global food company in multiple environmental cases. McGuireWoods is performing all discovery counsel services from collecting the documents to reviewing and producing the documents in all the related litigation matters.

Representative Matter

Equity sponsor private equity firm and its portfolio company

Represented the equity sponsor private equity firm and its portfolio company, a leading distributor and importer of wines, in an add-on acquisition of a Florida based wine importer and distributor for an undisclosed amount. The firm also handled the financing aspects of the acquisition, including amendments to the company's senior and mezzanine credit facilities.

Representative Matter

Real estate franchisor

Represented franchisor in dispute involving claims for breach of contract and infringement.

Case Study

Labor and employment team bars plaintiff from recovering on judicial estoppel grounds

A team of McGuireWoods attorneys successfully barred a plaintiff from recovering in a disability discrimination case against our client, a leading independent national distributor of natural, organic and specialty foods. The plaintiff, a forklift operator, alleged disability discrimination after he claimed that asthma prevented him from working in freezers or coolers and was subsequently terminated. Although the EEOC (Equal Employment Opportunity Commission) found probable cause that he had been the victim of discrimination, prompting an investigation of the accommodation policies in place at our client’s facility, the plaintiff did not fare as well in federal court after McGuireWoods discovered that he had filed for bankruptcy without disclosing his pending charge and claims to the Bankruptcy Court. Our client filed a motion to dismiss and asked the Court to find plaintiff judicially estopped from any recovery. In an attempt at salvaging his claims, plaintiff reopened the bankruptcy proceedings. The Judge found this attempt unavailing and ruled that the failure to timely disclose the claim precluded the plaintiff from any recovery.

Representative Matter

Independent food service distributor

Represented an independently-owned broad-line food service distributor in the $225 million sale of the company to another major food distribution company.

Representative Matter

North American packaged foods company

Representation of a North American packaged foods company in a four-day trial in Delaware state court. The case sought insurance coverage for the indemnity payments and defense costs client incurred as a result of a recall.

Representative Matter

Leading distributor and importer of wines

Representative Matter

North American food services company

Representation of a North American food services company in the carve-out sale of a division (enterprise value of approximately $130 million) that provides food and commissary services to correctional facilities to a private investment firm.

Representative Matter

North American packaged foods company

Effectively represented North American packaged foods company at trial in matter related to an explosion at one of the company’s plants that resulted in the death of four people and injury to many others. McGuireWoods was defending the allegations of employer negligence brought against it by two defendants. This five-week trial in Johnston County (NC) Superior Court, which involved the personal injury claims of seven plaintiffs, was the first trial of the eight lawsuits brought as a result of the accident.

Case Study

Win for PFG in California meal-break action receives media coverage

Los Angeles labor and employment attorneys Matthew Kane, Michael Mandel, Sabrina Beldner and Sylvia Kim have won the dismissal of a California meal-break violations class action brought against the Vistar and Roma Food divisions of client Performance Food Group (PFG). On Feb. 8, 2012, the U.S. District Court for the Central District of California granted PFG’s motion to dismiss the plaintiffs’ second amended complaint on the grounds that California’s meal-break laws and all of the plaintiff’s claims based on alleged violations of those laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA), which expressly preempts state laws that have a significant impact on the routes, services or prices of federally-regulated motor carriers.

Representative Matter

Private equity fund

Represented a private equity firm in the sale of one of the largest operators and franchisors of chicken quick service restaurants in the United States to another private equity firm for an undisclosed amount.

Representative Matter

National specialty retailer

Representation of a national retail distributor of health and wellness products, in a defeat of class certification in an action brought by the plaintiff, alleging claims for breach of warranty, fraud, violations of the California Consumers Legal Remedies Act and violations of California’s Unfair Competition Law.

Representative Matter

National specialty retailer

Represented a leading national specialty retailer in putative class alleging consumer fraud claims related to sale of dietary supplements.

Representative Matter

Leading international seafood company

Assisted a leading international seafood company based in Iceland in its auction process and sale of its U.S. operations, related procurement and manufacturing business to a Canadian seafood company for approximately $230 million.

Case Study

Los Angeles and Pittsburgh teams secure win for GNC

In a case profiled in National Law Journal, McGuireWoods defeated a motion for class certification in an action brought against General Nutrition Corporation (GNC) in the U.S. District Court for the Central District of California alleging violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act).

The Song-Beverly Credit Card Act (the "Act") was intended to stop businesses from gathering and storing unnecessary personal information from their consumers. The California Legislature passed the Act to address two important privacy concerns. First, corporations were needlessly storing consumer information and using it for their own marketing purposes or selling the information to other marketers. Second, store clerks who obtained customers' personal information engaged in acts of harassment and violence.

Representative Matter

One of the largest wine distribution companies in the United States

Representation of one of the largest wine distribution companies in the United States in its sale to a private equity firm for $95 million.

Representative Matter

Private equity fund

Represented a private equity fund in the sale of one of the largest operators and franchisors of chicken quick service restaurants in the United States to another private equity firm for an undisclosed amount.

Representative Matter

Leading pork producer and processor

In a test case the plaintiff alleged that our client’s farming operations caused property damages and severe personal injuries to him and his family. After a three-week trial, the jury deliberated for just over an hour and issued a defense verdict in favor of our client.

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Theodore F. Adams III Partner	One James Center 901 East Cary Street Richmond, VA 23219-4030	tadams@mcguirewoods.com T: +1 804 775 1952 F: +1 804 775 1061 vCard
Gordon R. Alphonso Partner	Promenade 1230 Peachtree Street, N.E. Suite 2100 Atlanta, GA 30309-3534	galphonso@mcguirewoods.com T: +1 404 443 5716 F: +1 404 443 5783 vCard
Jason P. Alter Associate	EQT Plaza 625 Liberty Avenue 23rd Floor Pittsburgh, PA 15222-3142	jalter@mcguirewoods.com T: +1 412 667 7940 F: +1 412 667 7962 vCard
Donald D. Anderson Partner	Bank of America Tower 50 North Laura Street Suite 3300 Jacksonville, FL 32202-3661	ddanderson@mcguirewoods.com T: +1 904 798 3230 F: +1 904 798 3273 vCard
James M. Anderson III Partner	One James Center 901 East Cary Street Richmond, VA 23219-4030 EQT Plaza 625 Liberty Avenue 23rd Floor Pittsburgh, PA 15222-3142	jmanderson@mcguirewoods.com T: +1 804 775 1044 F: +1 804 698 2155 vCard
A. Carter Arey Partner	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	carey@mcguirewoods.com T: +1 704 343 2241 F: +1 704 444 8818 vCard
Bradley S. Austin Associate	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	bradaustin@mcguirewoods.com T: +1 704 373 8992 F: +1 704 373 8840 vCard
Terrence M. Bagley Partner	One James Center 901 East Cary Street Richmond, VA 23219-4030	tbagley@mcguirewoods.com T: +1 804 775 4371 F: +1 804 698 2008 vCard
Kevin Batik Counsel	EQT Plaza 625 Liberty Avenue 23rd Floor Pittsburgh, PA 15222-3142	kbatik@mcguirewoods.com T: +1 412 667 7986 F: +1 412 667 7942 vCard
John C. Beane Partner	Promenade 1230 Peachtree Street, N.E. Suite 2100 Atlanta, GA 30309-3534	jbeane@mcguirewoods.com T: +1 404 443 5714 F: +1 404 443 5794 vCard
Sabrina A. Beldner Senior Counsel	1800 Century Park East 8th Floor Los Angeles, CA 90067-1501	sbeldner@mcguirewoods.com T: +1 310 956 3419 F: +1 310 956 3119 vCard
C. Paige Bobick Associate	Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288	pbobick@mcguirewoods.com T: +1 434 977 2593 F: +1 434 980 2273 vCard
Bryan C. Brantley Associate	EQT Plaza 625 Liberty Avenue 23rd Floor Pittsburgh, PA 15222-3142	bbrantley@mcguirewoods.com T: +1 412 667 7983 F: +1 412 667 7971 vCard
Austin F. Breen Associate	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	abreen@mcguirewoods.com T: +1 704 373 8963 F: +1 704 353 6198 vCard
Jeffrey M. Britt VP, Grassroots Issue Management McGuireWoods Consulting LLC	One James Center 901 East Cary Street Richmond, VA 23219-4030	jbritt@mwcllc.com T: +1 804 775 1936 F: +1 804 225 5407 vCard
Edwin E. Brooks Partner	77 West Wacker Drive Suite 4100 Chicago, IL 60601-1818	ebrooks@mcguirewoods.com T: +1 312 849 3060 F: +1 312 920 3681 vCard
Christian Brose Partner	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	cbrose@mcguirewoods.com T: +1 704 343 2315 F: +1 704 444 8871 vCard
Robert L. Burrus Jr. Counsel	One James Center 901 East Cary Street Richmond, VA 23219-4030	rburrus@mcguirewoods.com T: +1 804 775 4306 F: +1 804 698 2023 vCard
Stephen D. Busch Partner	One James Center 901 East Cary Street Richmond, VA 23219-4030	sbusch@mcguirewoods.com T: +1 804 775 4378 F: +1 804 698 2024 vCard
Kimberly Q. Cacheris Partner	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	kcacheris@mcguirewoods.com T: +1 704 373 8954 F: +1 704 373 8825 vCard
Boyd C. Campbell Jr Counsel	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	bcampbell@mcguirewoods.com T: +1 704 343 2030 F: +1 704 444 8715 vCard
Heather L. Carlton Associate	Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288	hcarlton@mcguirewoods.com T: +1 434 977 2562 F: +1 434 980 2251 vCard
Douglas W. Charnas Partner	2001 K Street N.W. Suite 400 Washington, DC 20006-1040	dcharnas@mcguirewoods.com T: +1 202 857 1757 F: +1 202 828 2980 vCard
Meghan M. Cloud Counsel	Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288	mcloud@mcguirewoods.com T: +1 434 977 2534 F: +1 434 980 2254 vCard
Rick Conner Counsel	201 North Tryon Street Suite 3000 Charlotte, NC 28202-2146	rconner@mcguirewoods.com T: +1 704 343 2137 F: +1 704 444 8790 vCard