Patrick J. Wingfield
Shareholder
Mr. Wingfield's primary practice is business, corporate, employment, and real estate law, with a particular emphasis in the hospitality industry. Within these arenas of law, Mr. Wingfield’s litigation practice includes handling corporate and business related disputes, sexual harassment, discrimination, and retaliation claims, violation of wage and hour laws, trademark infringement, real estate disputes, and food mislabeling disputes. Mr. Wingfield’s transactional practice focusses on representing private and non-profit businesses in connection with corporate entity formation, business planning, and corporate governance; commercial real estate sale, acquisition, and leasing; employment and labor law, and mergers and acquisitions.
Mr. Wingfield has been recognized as a Northern California Rising Star by Super
Lawyers magazine in 2018 and 2019.
Representative Matters
Transactional
- (2017) Served as seller's counsel in connection with the acquisition of all
Slater's 50/50 Burgers by Design restaurants.
- (2011 – 2017) Served as outside general counsel for a restaurant group that
had multiple units and concepts. In this capacity, Mr. Wingfield oversaw all
litigation and provided counsel on a full range of core legal services,
including corporate matters such as entity formation, business planning, and
corporate governance; commercial real estate sale, acquisition, financing,
construction and leasing; ABC and ADA compliance, employment and labor
law, raising capital; and intellectual property licensing, development and
protection.
- (2017 - 2018) Represent winegrowers and distilled spirits wholesalers in
connection with corporate formation and governance, private equity
offerings, intellectual property matters, and tied-house laws.
- (2017) Represented Sellers in connection with the successful sale of two
golf courses in Northern California.
- (2016 - Present) Represent national restaurant franchisor in connection with
its real estate and business transactions and ancillary documents.
- (2015) Represented Seller in connection with the successful sale of an
investment property located in St. Helena, California that housed a premier
wine producer.
- (2015) Represented internationally recognized non-profit organization in
connection with ABC compliance issues related to the production of a high
profile charity event in San Francisco.
- (2007 - 2009) Assisted General Counsel of global real estate firm with
overseeing all litigation and the development, leasing, acquisition, financing,
and sale of real estate assets, including restaurants, hotels, office buildings,
senior living facilities, and multi-family properties.
Litigation
- Davis v. Davis, et al. (2018) represented defendants in the defense of real
property and fraud claims. Achieved early dismissal with prejudice following
motion to dismiss.
- Wilson v. CTB Elk Grove, LLC, et al. (2018) Represented specialty drink
store in connection with wrongful termination and wage and hour class
action lawsuit. Achieved early favorable class action settlement.
- Johnson, et al. v. Napa Valley Wine Train, Inc., et al (2015-2016).
Represented and obtained an amicable resolution for defendants in
connection with a high-profile civil rights lawsuit arising out of the alleged
wrongful removal of eleven women from the Napa Valley Wine Train.
- Hundley v. Slater's 50/50, Inc. (2015). Former employee filed a wrongful
termination and sexual harassment and discrimination lawsuit after
restaurant terminated her. Successfully procured early dismissal with
prejudice.
- Restaurant Chain & Food Manufacturer (2014-2015). Represented
terminated corporate employee of a national restaurant chain and producer
of convenience foods in connection with the breach of a severance
agreement. Achieved early favorable settlement.
- Capital Marin, LLC v. William S. Provost, et al (2013). Successfully
defended a section 727 adversary proceeding as co-counsel via a motion
for judgment on partial findings.
Professional and Community Contributions
Mr. Wingfield is the former president of the San Diego Phi Kappa Psi Alumni
Association and Housing Corporation and a member of the California Restaurant
Association, Golden Gate Restaurant Association as well as the Bar Association of
San Francisco.
Selected Publications
- E-signatures & the Law, co-authored with Charles N. Bahlert, The Daily Journal, March 8, 2019
- Three Workplace Safety Tips to Prepare for a Natural Disaster in California (Part III), co-authored with Kavin A. Williams, Society of Human Resource Managers (www.shrm.org), October 12, 2018
- Paying California Workers During A Natural Disaster (Part II), co-authored with Kavin A. Williams, Society of Human Resource Managers (www.shrm.org), September 17, 2018
-
California Employers Must Comply with Leave Laws During Wildfires (Part I), co-authored with Kavin A. Williams, Society of Human Resource Managers (www.shrm.org), September 5, 2018
-
12 Key Lease Terms for Restaurants, QSR Magazine, May 19, 2017
- Holiday party: to supply or not to supply?, The Daily Journal, Co-authored with Angela S. Rho, November 28, 2016
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Should California-Based Businesses and Residents Incorporate in Nevada?, ADC Defense Comment, Vol. 31, No.1/Spring 2016