Patrick J. Wingfield

Experience

Transactional

• Represented seller in connection with the successful sale of a four-story office building located in San Francisco, California and subsequent 1031 exchange that included the purchase of six real estate assets.
• Represented seller in connection with the successful sale of a 20,000 plus square-foot full-service restaurant, bar and lounge located in San Francisco, California.
• Represented winegrowers and distilled spirits wholesalers in connection with corporate formation and governance, private equity offerings, intellectual property matters, and tied-house laws.
• Represented sellers in connection with the successful sale of two golf courses in Northern California.
• Represent national restaurant franchisor in connection with its real estate and business transactions and ancillary documents.
• Served as seller’s counsel in connection with the acquisition of all Slater’s 50/50 Burgers by Design restaurants.
• Represented internationally recognized nonprofit organization in connection with ABC compliance issues related to the production of a high-profile charity events in California.
• Represented seller in connection with the successful sale of an investment property located in St. Helena, California that housed a premier wine producer.
• Served as outside general counsel for a restaurant group that had multiple units and concepts. In this capacity, 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.
• Assisted General Counsel of global real estate firm with oversight of all litigation, as well as the development, leasing, acquisition, financing, and sale of real estate assets, including restaurants, hotels, office buildings, senior living facilities, and multi-family properties.

Litigation

• Represented the plaintiff in a dispute with a world’s leading video game streaming platform. Prevailed at a bifurcated bench trial, in which the court held that a limitation of liability clause contained within a partnership agreement was unconscionable. Prevailed following three-week jury trial, in which jury returned a verdict in favor of plaintiff on contract and tort claims, against defendant on all cross-claims, and awarded plaintiff monetary damages.
• Represented national restaurant chain in the defense of a putative consumer class action regarding claims of food mislabeling and the plaintiff’s appeal of the United States District Court’s order granting client’s motion to dismiss with prejudice.
• Represented minority shareholder of Napa Valley wine producer in connection with a petition for a writ of mandate to compel the defendant corporation to discharge its duties to make its books, records, and corporate minutes available for inspection and copying under Corporations Code §1601 and common law.
• Represented defendants in the defense of real property and fraud claims. Achieved dismissal of three separate lawsuits asserting real property and fraud claims; successfully moved to dismiss appeal; and successfully defended a petition for review to the Supreme Court of California.
• Represented specialty drink store in connection with wrongful termination and wage and hour class action lawsuit. Achieved early favorable class action settlement.
• 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 a hospitality train in Napa Valley.
• Represented and obtained early dismissal with prejudice on behalf of a restaurant organization in connection with a former employee’s claim of wrongful termination.
• 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.
• Successfully defended a section 727 adversary proceeding as co-counsel via a motion for judgment on partial findings.

Publications

• “Employer’s Bid for Arbitration Denied Based on Unauthenticated E-Signature,” co-author, The Daily Journal, April 29, 2021
• “E-signatures & the Law“, co-author, The Daily Journal, March 8, 2019
• “Three Workplace Safety Tips to Prepare for a Natural Disaster in California (Part III),” co-author, Society of Human Resource Managers (www.shrm.org), October 12, 2018
• “Paying California Workers During A Natural Disaster (Part II),” co-author, Society of Human Resource Managers (www.shrm.org), September 17, 2018
• “California Employers Must Comply with Leave Laws During Wildfires (Part I),” co-author, 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-author, November 28, 2016
• “Should California-Based Businesses and Residents Incorporate in Nevada?,” ADC Defense Comment, Vol. 31, No.1/Spring 2016

Presentations

• “Mock Trial – Employment Law,” presented as Defense Counsel, PLUS (Professional Liability Underwriting Society), 2015

Affiliations

• California Restaurant Association
• Golden Gate Restaurant Association
• Bar Association of San Francisco
• San Diego Phi Kappa Psi Alumni Association and Housing Corporation, former president

Recognitions

• Selected for inclusion in Northern California Rising Stars by Super Lawyers magazine (2018 – present)

Education

J.D., California Western School of Law

B.S., San Diego State University