Barton attorneys hold a diverse set of experiences in representing domestic and international providers of food and hospitality services alike.
From local bed and breakfasts and casual dining establishments to high-end hotel-resorts and award-winning gastropubs, Barton has aided a myriad of companies in the food and hospitality businesses.
In the realm of food and drink, Barton advises several overseas producers and retailers of wine, spirits, and specialty foods regarding all aspects of their operations in the United States and compliance with U.S. federal agencies. For domestic companies, we assist with corporate structuring, financing, real estate leasing, employment matters, private equity formation, and intellectual property concerns.
Our attorneys are also well acquainted with the hospitality industry, handling licensing, leasing agreements, management agreements, and employment matters for hotels and other hospitality venues in New York and beyond. We value our clients just as much as they value theirs, and we work to keep operations running smoothly so that our clients can focus on keeping their competitive edge in an ever-growing industry. To this point, we capitalize on our relationships with investors, PR firms, landlords, real estate brokers, construction firms, and others to help our clients achieve their business goals.
Successfully advised DC Central Kitchen regarding a unit organizing drive.
Served as lead negotiator in collective bargaining issues for food purveyor H.B. Day and various private clubs including the Cosmopolitan Club and Princeton Club of New York.
Advised award-winning chef and his company in development deal for multiple restaurants in New York City.
Represented a New York-based wine and spirits retailer concerning salvaging and continuing the business after the death of its CEO and founder.
Represented a New York-based retailer in chocolates and confections with the successful opening and operation of its business, including corporate structuring, financing, real estate leasing, employment matters, and various related agreements and business ventures.
Served as outside general counsel to numerous mid-market companies, including those in the freight, delivery, logistics, restaurant, hospitality, and wine and spirits industries. Oversaw all aspects of their legal representation including corporate and transactional, financing, employment, real estate, and litigation matters, thus directly contributing to the successful operation and substantial growth of these businesses.
Represented several overseas producers of food products and spirits in connection with their operations in the United States.
Represented a foreign spirits company concerning its licensing and distribution agreements in the United States.
Represented an award-winning chef in the successful opening and operation of his new Manhattan restaurant, including in connection with corporate structuring, financing, real estate leasing, employment matters, and various related agreements and business ventures expanding the chef’s brand.
Represented the investment group in the purchase of $5MM of Series A Preferred Units of a fast casual restaurant company.
We regularly prepare private placement memoranda that our clients use to raise funds in offerings that are exempt from the registration requirements of U.S. securities laws. We have prepared offering documents for medical device businesses, hospitality businesses, investment funds, and private equity funds, among others. Our experience with private placements also extends to compliance with “blue sky,” or state securities, laws.
Represented a U.S.-based biotech business in a private financing with offshore investors. The biotech business was in a sensitive area relating to food supply and therefore related to U.S. national security. As a result, and notwithstanding the fact that the investors had bargained for only one board seat, a filing with the Committee on Foreign Investment in the Units States was required, which we prepared and submitted.
Obtained emergency (ex parte) seizure order in federal court trademark infringement action on behalf of a leading food manufacturer.
Successfully resolved dispute between minority shareholder/member and officer of two restaurant corporations and a limited liability company through action for dissolution that resulted in mediated multi-million dollar buy-out agreement.
Defended an Ecuadoran national and former presidential candidate against claims alleging breaches of contract and fiduciary duties, and fraud relating to the operation of a privately held Ecuadoran produce exporter and its Bahamian parent corporation valued at $1.2 billion. Representation included obtaining documents in aid of foreign litigation in Ecuador, coordinating litigation in London, and enforcing £6 million judgment against New York assets of opponent.
Represented Wilcour Food Products, Inc. based in Los Angeles and the then-sole manufacturer of roast beef for Arby’s food chain.
Represented Angelo, Gordon & Co. in its US$296m acquisition of Benihana.
Represented 26 Capital Acquisition Corp in its proposed merger with Tiger Resort Leisure and Entertainment Inc. (operating as Okada Manilla).
Represented MidOcean Partners in the US$450m acquisition of Sbarro.
Represented Ferraro Foods Corporation in the sale of all its assets to Kainos Capital.
