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Retail & Consumer Goods

Transactions

  • Sunoco in the $3.3 billion sale of a majority of its convenience stores to 7-Eleven

  • Omega Protein in its $500 million sale to Cooke, a global seafood company based in Canada

  • Fiesta Mart in the sale of the company, one of largest international and Hispanic grocery chains in the United States, to ACON Investments 

  • A food company with respect to intellectual property in the $110 million acquisition of food brands in Mexico

  • A luxury retail client in the analysis of a company’s mobile wireless technology patents

  • Pet food manufacturer with respect to an outsourcing agreement with a third party to provide purchase order and accounts payable services

  • (S.D. Tex.) — Represented a record company in inventorship and ownership dispute involving patents involving compact discs; obtained summary judgment on ownership of patents and inventorship of patents after evidentiary hearing

  • (W.D. Tex.) — Obtained dismissal with prejudice of a bankrupted produce supplier’s Sherman Act Section 1 (distribution channel foreclosure), Sherman Act Section 2 (attempted monopolization), and Clayton Act Section 7 (merger-to-monopoly) claims against a large grocery chain; demonstrated that limitations barred supplier’s claims, notwithstanding its “continuing violation” theory, and that supplier lacked antitrust standing to pursue retail monopolization claims

  • (N.D. Tex.) —  Defended a manufacturer of skin care products in trademark infringement and dilution case; case settled and claims dismissed after mediation

  • (E.D. Tex.) – Represented a large group of online retailers accused of infringement of so-called shopping cart patents related to the online purchase of products and/or services using the retailers’ e-commerce platforms

  • (S.D. Tex.) – Representing a retailer and its officers in a federal securities fraud (10b-5) putative class action

  • (E.D. Tex.) — Represented producer and distributor of entertainment videos in patent infringement case related to automated computer system for developing custom proposals