Food & Beverage

Negotiated settlements with third-party citizen-suit claimants under the Clean Water Act.

Successfully negotiated reductions and settlements of environmental enforcement actions, including offsetting penalties by supplemental environmental projects.

(Bankr. D. Or.) – Headquartered in Brookings, Oregon, C & K Market is an independently owned grocery store chain located primarily in small communities in southern and central Oregon and northern California. Tonkon Torp represented the company in its Chapter 11 case, which recapitalized the company through a debt-for-equity exchange and enabled the company to emerge with a strong balance sheet and solid earnings. During the seven-month reorganization, the company sold its 15 pharmacy operations, sold or closed 20 of its original 60 grocery stores, and refinanced its secured debt. A team comprised of bankruptcy lawyers Al Kennedy, Mike Fletcher and Ava Schoen led extensive negotiations with the grocer’s secured and unsecured creditors to ensure the uninterrupted support of trade creditors, manage PACA liabilities, and confirm and implement the plan.

We assisted our client, Columbia Distributing, in its acquisition of Eastern Oregon-based Graybeal Distributing. This expands Columbia's territory as it continues to grow as one of the largest U.S. beverage distributors.

Represented an association of commercial aquaculture businesses in obtaining a reversal of the Oregon Department of Environmental Quality's proposed denial of Section 401 water quality certification to the US Army Corps of Engineers (USACE) Nationwide Permit 48 for commercial shellfish operations, and in avoiding the need to obtain dredge and fill permits for standard commercial shellfish operations.

Represented commercial shellfish growers in regulatory matters, including the Clean Water Act.

Assisted a commercial aquaculture business in favorable resolving a food safety recall.

Defended multi-plaintiff sexual harassment lawsuit brought by the EEOC, resulting in a dismissal of two of the plaintiffs and a favorable settlement with the remaining four plaintiffs.

Obtained favorable settlement for local bakery in federal lawsuit filed by former employee for disability discrimination and FMLA interference.

Obtained favorable settlement for local baker in lawsuit filed by former employee for age and gender discrimination and retaliation.

(Bankr. D. Or.) – Americold Corporation was the nation's largest supplier of refrigerated warehouse services to the frozen food industry, and the second biggest cold storage company in the world. The company also provided transportation management services to frozen food manufacturers. Services were provided through a nationwide network of refrigerated warehouse facilities. Americold's revenues exceeded $200,000,000 annually and its total debt exceeded $470,000,000. Most of the debt was publicly-held. Tonkon represented Americold in its pre-packaged Chapter 11 case. The case was filed on May 8, 1995, and the Plan of Reorganization was confirmed on June 19, 1995. 

Tonkon Torp negotiated the sale of 92-year old Portland Bottling Company. The buyer is an entity formed by Ed Maletis, former founder of beer and spirits giant Columbia Distributing.

Tonkon represents NORPAC Foods, Inc. and its affiliates as debtors-in-possession in their chapter 11 bankruptcy cases. The case has included two major asset sales, the first of which caused the United States Department of Justice Antitrust Division to withhold approval and investigate potential anticompetitive impacts and other antitrust violations. Tonkon worked with the DOJ through its investigation by submitting voluntary document productions, offering key witnesses for interviews, and submitting white papers on various legal issues. The DOJ eventually closed its investigation without taking any action and the sale proceeded without incident.

Helped a large grocery store chain obtain funds in new financing secured by over 30 owned or leased properties in southern Oregon and northern California.

Successfully represented trademark applicant Fresh Hemp Foods Ltd. in an opposition proceeding before the USPTO's Trademark Trial and Appeal Board.

Negotiated the lease for a Hawaiian-Time Restaurant in Springfield, Oregon. 

Represented a company that owned a chain of restaurants in a Chapter 11 proceeding which resulted in a successful confirmed plan of reorganization. On behalf of this company, Leon Simson led a Tonkon Torp team to seek protection under Chapter 11 and to produce a fast track resolution that resulted in a confirmed plan of reorganization allowing the reorganized company to emerge from bankruptcy.

Represented agricultural landowner regarding the decommissioning of a food processing wastewater pond.

Represented a bottler regarding the use and disposal of excess water from a reverse osmosis treatment system.

Represented LGW Ranch, Inc., a cattle ranching operation, in a condemnation proceeding involving diversion of treated municipal wastewater. The matter was resolved through a negotiated agreement favorable to our client.

(Bankr. D. Del.) – Tonkon assisted Reser's Fine Foods, Inc. in providing post-petition financing to and acquiring the assets of Chef Solutions through a Delaware bankruptcy case.

Represented Columbia Distributing, one of the nation's largest malt beverage, wine and non-alcoholic beverage distributors, in a nine figure sale to a financial buyer.

Obtained affirmance of a summary judgment decision holding that a bakery's compensation system for a class of route sales drivers provided the reasonable equivalent of overtime and was therefore exempt from Washington's overtime laws. (Washington Court of Appeals, Washington Supreme Court)

Tonkon Torp defended a client from accusations of trade secret misappropriation, ultimately obtaining a complete victory for the client on appeal. Short of trial, the Tonkon Team also helped defend a local manufacturer against a competitor’s claims for misappropriation of trade secrets and breach of a license agreement, knocking out a substantial portion of the competitor’s claims on summary judgment, and enabling the case to settle.

When a local company expanded into a new market, a competitor accused the client of infringing on the competitor’s trade dress, helped defend the client’s packaging, prevailing on summary judgment, and then helping to defend the decision successfully on appeal.

Represented Delphina’s Bakery, a locally owned, woman-owned bakery since 1983, in its sale to a strategic buyer.

Successfully defending a food-and-beverage business in a jury trial involving breach of contract and fraud claims, resulting in an award of attorney fees to client.

After an eight-day federal jury trial, obtained a highly favorable verdict defending a Portland-based food laboratory and its director from seven-figure fiduciary duty, intentional interference, and other claims brought by a global testing company.