Represented purchaser of 18 full-service restaurant locations in Tennessee and Virginia in obtaining alcoholic beverage licenses, along with other regulatory and tax permits, on expedited schedule to coincide with closing of transaction.
Obtained alcoholic beverage licenses and other regulatory and tax permits for new boutique hotel opening in renovated historic residential high-rise location.
Obtained licensing for more than 200 convenience stores in Tennessee, Alabama, Kentucky, Virginia, Georgia, Arkansas and Louisiana as part of ownership change.
Obtained licensing for privately owned arts and events center seeking to increase revenue sources to support unique contemporary performances otherwise unavailable in Tennessee.
Represented new ownership group of Nashville’s Minor League Baseball team in obtaining alcoholic beverage licensing.
Represented international, publicly traded oil and gas company in litigation against regulatory authority regarding applicability of distance ordinances to grandfathered location.
Obtained alcoholic beverage permits for sports tavern chain expanding into Tennessee with five new locations.
Represented owners of four different golf courses to obtain alcoholic beverage permits.
Represented steakhouse concept expanding into Alabama in obtaining alcoholic beverage permits.
Advised company regarding licensing options for innovative ways of distributing craft beer in Middle Tennessee.
Advised client regarding a potential USDA enforcement action involving the use of the term “organic” on a product label.
Negotiated successful resolution of Alcoholic Beverage Commission complaint against restaurant licensee resulting from sting operation involving sale of alcoholic beverages to a minor.
Successfully resolved citations against businesses and employees for convenience store.
Advised landlord regarding applicability of distance ordinances when converting shopping center to multi-use facility.
Advised steakhouse chain expanding into Tennessee to ensure advertising compliance.
Represented multiple soft drink bottlers in connection with their acquisition of assets and exclusive territory licenses for the marketing, distribution and sale of iconic brands, including Coca-Cola Company and other brand owners, in a variety of U.S. geographic areas.
Represent Coca-Cola Bottling Company United, Inc., and its affiliates in a variety of legal areas, including labor and employment, tax, environmental, anti-trust, intellectual property, licensing, litigation, insurance, financing, commercial contracting, and governance matters.
Represented the Coca-Cola Bottlers Association in connection with various contractual matters relating to soft drink brand marketing, distribution and sales.
Assisted various clients in connection with restaurant and hotel-related projects, including capital formation, asset purchase, leasing, management company agreement negotiations, and general contract review and negotiation.
Represented family office in connection with its acquisition of Milo’s Hamburgers and ongoing corporate, financing, real estate and other matters.
Represented multi-unit franchisee in connection with growth equity investment and ongoing corporate matters.
Represent Yellowhammer Brewing, Inc. and assist with facility leasing, capital raise, reorganization, trademarks, and liquor license matters.
Represented Rocket Republic Brewing Company, Inc. in a completed stock redemption, restructuring of the corporation’s ownership, and liquor license issues.
Represent Select Genetics, a turkey producer and supplier, in company formation, acquisitions, contracts, litigation, and general corporate matters.
Represented IceBox Coffee in its sale to Royal Cup Coffee.
Represented Bartaco and Barteca Restaurant Group, LLC in connection with leasing matters.
Represented family office in connection with investment in Cahaba Brewing.
Represent Liberated Specialty Foods, Inc. in general corporate matters and capital raise.
Obtained an emergency receivership of franchised hotel and successfully transitioned the hotel to a receiver with hospitality experience without losing the flag.
Represented an NYSE-listed hotel and hospitality company in connection with its corporate governance, securities regulatory compliance, executive compensation and activist shareholder matters.
Represented a financial sponsor in a joint venture agreement for the acquisition and redevelopment of an historic hotel and resort community in North Carolina.
Representation in the $77 million acquisition and financing of Renaissance Hotel in downtown Nashville, Tennessee.
Advise a national chain of extended stay hotels on franchise issues and contract negotiations.
Defeated plaintiffs’ efforts to create an MDL in two putative nationwide class actions challenging defendants’ marketing of their orange juice as “all natural.” Motion to dismiss granted without leave to replead; no class certified.
Favorably settled on claims-made class basis in nationwide class action against manufacturers and sellers of low carbohydrate bars for alleged mislabeling and false advertising.
Obtained dismissal in putative nationwide class alleging deceptive advertising of frozen entrees; no class certified.
Class certification denied and case dismissed in nationwide class action based on allegedly deceptive print and television advertising for aspirin; claims asserted for fraud and deceptive trade practices.
Class certification denied and case dismissed in nationwide class action based on allegedly deceptive print and on product advertising of dental rinse; claims asserted for fraud and deceptive trade practices.
Favorably settled case on class basis in nationwide class action charging fraud and deceptive trade practices in the advertising and marketing of microwave ovens; claimed that reconditioned microwaves were being sold as new.
Settled on individual basis and no class certified in nationwide fraud class action in connection with marketing of home siding products.
Orange juice marketing class action litigation, 2013 WL 120716 (N.D. Ala. Jan. 8, 2013)
These two putative nationwide class actions challenged defendants’ marketing of their orange juice as “all natural.” Plaintiffs’ effort to create an MDL was defeated; motion to dismiss granted without leave to replead; no class certified.
Bryson v. Atkins Nutritionals, Inc.(Cir. Ct. Jefferson Co., Ala.)
Nationwide class action against manufacturers and sellers of low carbohydrate bars for alleged mislabeling and false advertising. Favorably settled on claims-made class basis.
Parham v. Stouffer Frozen Foods Corp. (Cir. Ct. Elmore Co., Ala.)
Putative nationwide class alleging deceptive advertising of frozen entrees. Case dismissed; no class certified.
Dellaveccia v. Bayer Corp.(N.D. Ala.)
Nationwide class action based on allegedly deceptive print and television advertising for aspirin. Claims asserted for fraud and deceptive trade practices. Class certification denied and case dismissed.
Seroyer v. Pfizer(Cir. Ct. Chambers Co., Ala.)
Nationwide class action based on allegedly deceptive print and on‑product advertising of dental rinse. Claims asserted for fraud and deceptive trade practices. Class certification denied and case dismissed.
Rainey v. Maytag Corp.(N.D. Ala.)
Nationwide class action charging fraud and deceptive trade practices in the advertising and marketing of microwave ovens; claimed that reconditioned microwaves were being sold as new. Favorably settled on class basis.
Wilson v. Sears, Roebuck & Co. (S.D. Ala.)
Nationwide fraud class action in connection with marketing of home siding products. Settled on individual basis; no class certified.
Obtained summary judgment in favor of a campus food service provider in a dispute with a college over its termination of the agreement to provide campus dining services.
Negotiated a favorable settlement at mediation on behalf of a national restaurant chain in a lawsuit arising out of the chain’s decision to close an Olive Garden location.
Obtained a pre-suit settlement on behalf of a restaurant owner in a dispute with a subsequent tenant over responsibility for utility expenses.
Represented a restaurant chain in a claim brought by a patron that he was served a glass of bleach rather than water which caused numerous personal injuries and mental anguish.
Successful defense of insurer in a breach-of-contract lawsuit brought by an international hotel chain seeking business interruption losses for all hotels in North America and the Caribbean following September 11 terrorist attacks.
Represented a national hotel operator against former employee in litigation involving employee’s restrictive covenants in Davidson County, Tennessee.
Represented entrepreneur in pursuing new craft beer distribution model by obtaining patent, trademark registration and beer permit.
Defended a Southeastern grocery chain in a lawsuit in federal court in Texas filed by a company that provided “mystery shopper” services, alleging copyright infringement and theft of trade secrets.
Obtained trademark and patent protection for innovative ways of distributing craft beer in Middle Tennessee.
Represented a Jordan-based manufacturer and distributor of Middle Eastern foods and its North Carolina affiliate in a trademark, trade dress, and false advertising lawsuit against an Illinois distributor.
Obtained a unanimous jury verdict for hotel franchisor client in an $11 million claim by the owner of federal trademark registrations, the plaintiff claiming that our client’s hotel brand was confusingly similar to its well-known brand.
Successful jury trial in Florida involving claims of state law service mark infringement for a small hotel against a national hotel chain.
Advised beverage vendor regarding governmental ethics regulations and public disclosure requirements.
Advised beverage vendor regarding interactions with public officials and public employees.
Advised clients regarding product labeling issues and appropriate pesticide claims under FIFRA.
Represent National Flour Mills & Supply Company, owner of the CHESTER’S fast food franchise and other restaurant and food service brands, in all aspects of trademark management and strategy, from the most basic trademark filings, renewals and the like to litigation across the globe in jurisdictions such as India, Brazil, and the Philippines. The CHESTER’S and CHESTER FRIED marks are protected by several hundred registrations worldwide.
Secured the rezoning of an 80 acre site for development as a 1.8 million square foot mixed use development, including retail, office, residential, hotel and other land uses.
Counsel to the Ashford Hospitality REIT in connection with its ownership of the Renaissance Hotel in Nashville and its negotiation with the adjoining property owners in a major redevelopment of the former Nashville Convention Center.
Represented a hotel company in Harris County, Texas, in a claim against a competitor involving an easement dispute.