Biffar, Travis

Mr. Bierkan, a former Associate General Counsel for H.J. Heinz Company, concentrates his practice on Intellectual Property/Trademark law.

Mr. Bierkan was the primary attorney within the Heinz legal department responsible for all legal matters within the company pertaining to antitrust issues including:

• Corporate compliance with the Sherman Act;
• Preparation and prosecution of all Hart-Scott-Rodino filings in connection with the company's domestic acquisitions and coordinating comparable filings in foreign jurisdictions;
• Oversight of all competition law questions in connection with the company's overseas activities including acquisitions in foreign countries; and
• Oversight of all litigation and investigations related to competition and/or antitrust matters;
• Provided legal services and counsel to the management of Heinz located at its World Headquarters and to management of Heinz's various domestic divisions and subsidiaries, as to any and all matters regarding antitrust law and sales and distribution matters including pricing policies and contracts;
• Developed and implemented an antitrust compliance program to avoid antitrust exposure, including holding compliance meetings for all sales and marketing personnel and continually provided counsel regarding compliance with the Sherman Act and other antitrust laws;
• Managed and directed litigation matters, claims and investigations (including merger investigations) involving the company in the areas of antitrust, trade regulation and other commercial disputes including management of outside counsel to ensure appropriate and cost-effective legal services;
• Monitored and communicated to appropriate management new or imminent legal developments (including the adoption of new laws and regulations and the issuance of relevant court decisions) and their potential impact on the company.

Mr. Bierkan, as primary attorney within the Heinz legal department was responsible for all legal matters pertaining to intellectual property matters including:

• Prosecution of all domestic and foreign trademark applications;
• Maintenance of company's trademark portfolio which has trademark assets in excess of $3 billion;
• Protection and defense of all Heinz's 6,000 plus trademarks against third party infringement;
• Negotiation of all corporate trademark licenses and ancillary agreements;
• Developed and implemented training program for staff attorneys and paralegals in regard to intellectual property matters;
• Advised management in regard to all trademark matters;
• Insured that the company's trademark portfolio adequately protects the company's valuable assets; and is consistent with the Company's current and future requirements;
• Developed form documents and agreements in connection with the company's trademarks including licenses, assignments and settlement agreements.

Mr. Bierkan, as primary attorney was responsible for the intellectual property assets of all such transactions to include drafting and negotiation of relevant portions of principal transaction documents, and oversight of all trademark due diligence investigations conducted in connection with foreign and domestic transactions and subsequent assumption of responsibility for newly acquired trademarks.  In that connection, Mr. Bierkan participated with management and other members of the Heinz legal team in the intellectual property aspect of virtually every domestic and international transaction, including joint ventures, acquisitions and divestitures.

PROJECTS AND TRANSACTIONS

Merger Analysis Regulatory Approvals

Acquisition of H.P. Foods, Ltd.-2005/2006
Investigation of competition issues in potential relevant markets with combined market shares in excess of 70% in the U.S., UK and Ireland; successfully resolved all antitrust issues in the company's favor with no remedies required.

Acquisition of the Frozen Snacks and Appetizers Businesses of TGIF (Anchor Foods) and Deli-Mex-2002
This project involved two successive Hart-Scott-Rodino ("HSR") filings in related categories; successfully resolved Department of Justice ("DOJ") investigation with no second request.

Proposed Acquisition of Beech Nut Baby Food-2000/2001
Heinz's proposed acquisition of Beech Nut's baby food business generated an extensive FTC investigation that lasted more than one year.  The FTC investigation included a second request and litigation in a three-to-two merger with shares of 14% and 16% to compete against Gerber's 68% share and commanding presence.  The Federal District Court ruled in favor of Heinz, but this decision was overturned by the Court of Appeals for the D.C. Circuit.

Proposed Acquisition of Vlasic Pickles-2001
Successfully resolved FTC investigation (which was focused on the overlap of pickles and relish) of Heinz proposed acquisition of Vlasic Pickles; following resolution of regulatory road blocks, Heinz was outbid by another suitor in a bankruptcy auction process.

Sale of Frozen Potato Business to McCain Foods-1996
Heinz's sale of its foodservice frozen potato business to McCain Foods would result in McCain having a market share in excess of 20% and the major producers of frozen potatoes would be reduced from four to three; successfully resolved the DOJ investigation with no second request.

Proposed Acquisition of Bumble Bee Tuna Companies-1997/1998
Heinz proposed to acquire the canning capabilities of Bumble Bee Tuna through joint manufacturing arrangements to augment its StarKist production capability.  The DOJ investigation of this transaction was extensive and included a second request.  The transaction was abandoned due to the anticipated bankruptcy of Bumble Bee.

Acquisition of Quaker Pet Foods-1996
Heinz's acquisition involved the combination of major shares of several segments of the pet food market.  This acquisition approximately doubled Heinz presence in the pet food business, making Heinz one of the top four major competitors.  The FTC investigation was resolved with no second request.

Divestiture of Near East Rice and Rice Cakes-1992/1993
Heinz decided to sell its rice-related business to Quaker Oats, which already owned the Rice-A-Roni® brands.  Notwithstanding the fact that the acquisition would result in combined market shares in excess of 30%, the FTC investigation of the proposed transaction was resolved without a second request.

Acquisition of Watties Ltd. New Zealand-1992
Heinz acquired Watties Ltd., which was the largest food processor in New Zealand.  Notwithstanding the fact that Watties Ltd. had market shares in several product segments in excess of 70%, we were able to obtain all necessary regulatory approvals.

Transactions Involving Significant Intellectual Property or Trademark Issues

Divestiture of Various Businesses to Del Monte Foods-2002
Heinz sold its pet food, tuna, baby food and soup businesses to Del Monte Foods.  This transaction involved substantial pre-transaction intellectual property restructuring, the assignment to Del Monte of various intellectual property and trademarks and negotiation of cross licenses.

Acquisition of Classico Pasta Sauce-2001
Heinz acquired the Classico® pasta sauce business from Borden Foods.  This transaction required substantial trademark due diligence, assignments in nearly 100 countries and cross-licensing.

Divestiture of Weight Watchers International, Inc.
The divestiture included the weight control classroom and related businesses and retention of the frozen food business.  This disposition was characterized by an innovative trademark ownership structure, cross licenses and a mutual cooperation agreement to protect the Weight Watchers® brand.

Relationship with Pro Mark Brands, LLC
Mr. Bierkan has served on the Board of Directors of Pro Mark Brands, LLC since the establishment of this company.  This company owns trademark assets of H.J. Heinz Company in the United States.  Pro Mark licenses the brands to the operating company and maintains a rigorous quality audit process to assure protection of the brands.

Litigation Involving Antitrust and/or Price Fixing Allegations

In re: Baby Food Antitrust Litigation
Successfully defended class action litigation alleging price fixing among Heinz, Beech-Nut and Gerber regarding the price of baby food.  The Federal District Court in Newark, New Jersey granted summary judgment in favor of the defendants.  This decision was upheld on appeal to the Third Circuit.

In re: Vinegar Price Fixing Litigation
Successfully defended the Company against allegations of price fixing in connection with the sale of vinegar.  The case was settled after two years of extensive discovery for a nominal sum.

Italian Baby Food Investigation
Provided supervision and advice to local counsel in connection with investigation brought in Italy pertaining to sale of Heinz baby food.  Ultimately a fine was assessed which was reduced on appeal.  There was no appreciable impact on sales of baby food as a result of the investigation.