Waxman, Richard P.

510.834.6600 T

510.808.4692 F


Wendel Rosen handles many transactional and litigation matters for clients in the restaurant industry. Our restaurant clients include high-end dining, company-owned multi-location chains, franchises and family-owned restaurants.

From the planning phase through set up and operations, the restaurant industry faces a number of challenges. Wendel Rosen provides practical advice regarding changing government regulations, wage and hour requirements, ADA compliance issues, copyright and trademark protection, employment manuals, policies and supervisor training, obtaining and transferring liquor licenses, among other comprehensive services. The firm also represents clients in a number of aspects of the food and beverage industry, including growers, manufacturers, packers, food storage and transportation providers, wholesalers and retailers, including many in organic and sustainable food production. Our experience includes:

California Department of Alcoholic Beverage Control (ABC)

  • Obtaining or transferring licenses
  • Compliance with conditions imposed in the license
  • Policies for clerks and employees in the sale of alcohol
  • Recordkeeping


Employment Counseling and Litigation


  • Employment contracts
  • Supervisor and employee training in areas such as sexual harassment, leaves and rest breaks
  • Employment policies and manuals
  • Wage and hour matters
  • Defending employee administrative claims and litigation
  • Defending discrimination claims
  • I-9 Compliance and ICE audits


Business Operations


  • Business entity formation and ownership, including sole proprietorships, partnerships, stocks and shares, corporate structuring, LLCs and S Corps
  • Succession planning for family-owned businesses, estate planning and wealth management matters
  • Mergers, acquisitions and sales of businesses, franchises, real property or assets
  • Intellectual property, copyrights, service marks, trade secrets and trademarks
  • Review of advertising materials, contests and sweepstakes
  • Distributor and licensing agreements
  • Wholesaling and retailing issues
  • Insurance matters and coverage litigation
  • Financing
  • Equipment Leasing


Disabled Access Counseling and Litigation


  • Advice regarding disabled access to structures and parking areas
  • Defending lawsuits related to Americans With Disability Act (ADA) and California Unruh Civil Rights Act


Real Estate


  • Retail lease negotiation and agreements
  • Construction build-out negotiations and contracts
  • Property sales or acquisitions
  • Construction defect litigation
  • Land Use: Conditional use permits and local regulation of food and alcohol sales
  • Landlord/tenant disputes   


Green Business


  • Organic labeling
  • Green building and design, including incentives and tax breaks
  • Environmentally sound waste disposal
  • Carbon reduction




  • Chapter 7 liquidations
  • Chapter 11 reorganizations
  • Creditor issues and creditor committees


  • Represented the ESOP owner in a Chapter 11 case for a major retail pizza franchise that resulted in a court confirmed Chapter 11 plan for a recapitalization that restructured bank debt, revised contract and lease terms, and provided for distribution to creditors in satisfaction of claims.

  • Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use center, which included a jazz museum, condominiums, restaurants and parking.

  • Negotiated leases for restaurant owners throughout the Bay Area.

  • Negotiated leases for operators leasing commercial kitchens in the East Bay.

  • Represented craft brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

  • Waxman, Richard P.
  • Green, Tracy
  • Hausrath, Les A.
  • Myers, Daniel B.
  • Pak, Eugene M.
Events & Seminars