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2021 APPELLATE LAW Q&A

Lucas I. Pangle

Wharton Aldhizer & Weaver PLC, Harrisonburg

Title: Associate

Other legal specialties: Administrative law, occupational safety and health, and bankruptcy

Birthplace: Maurertown in Shenandoah County

Education: Bachelor’s degree in neuroscience, Duke University; law degree, William & Mary School of Law

Fan of: Duke Blue Devils basketball

Recently read book: “The Code of the Woosters,” by P.G. Wodehouse

Favorite vacation spot: Key West, Florida

Career mentors: Tom Ullrich, Steve Milo and Derek Brostek

Why did you decide to enter law after receiving a degree in neuroscience? In college, I opted for neuroscience on the advice of a school counselor who thought freshmen “ought to take what they’d enjoy knowing.” I accepted his advice, but I never lost the inclination to go to law school.

What has been your most interesting case?
I worked with Jeff Adams to successfully challenge Virginia’s one-of-a-kind incumbent protection act — a law that allowed an incumbent officeholder to choose the method of nomination in an upcoming election. The case had all sorts of unique and complicated conceptual issues, and Jeff and I gladly spent hours and hours theorizing about them. That was quite an introduction to appellate practice.

What’s your take on the Occupational Safety and Health Administration regulation under review regarding COVID-19 vaccination mandates? Simplifying the issue to whether OSHA’s several-month delay renders COVID-19 a “nonemergency” gives OSHA a shot at prevailing. However, a sprawling regulation with broad applicability would invite judges (and maybe even justices) to reconsider the nondelegation doctrine, commerce clause decisions and administrative law principles that presently support a modest mandate.

2021 ALTERNATIVE DISPUTE RESOLUTION Q&A

P. Marshall Yoder

Wharton Aldhizer & Weaver PLC, Harrisonburg

Title: Of Counsel

Other legal specialties: Corporate law, education law and mediation

Education: Bachelor’s degree, University of North Carolina; law degree, Campbell University School of Law; master’s degree, Eastern Mennonite University

Spouse: Julie

Children: Samuel and Benjamin

Fan of: University of North Carolina Tar Heels, Eastern Mennonite University Royals
and West Virginia Mountaineers

Favorite vacation spot: Banff in Alberta, Canada

Career mentors: The Hon. Franklin T. Dupree Jr.; Cecil Harrison; Donald E. Showalter

How has the pandemic affected dispute resolution? With court restrictions early on, there was a definite uptick in the number of people seeking mediation and collaborative practice. Like others, we have learned to conduct sessions via Zoom. … With people in extreme conflict, it has often helped that they do not have to be in the same physical space with the ability to trigger others.

How do restorative justice and collaborative practice principles apply to your practice? The principles of restorative justice shift the focus from punishment to the harm that was done and what can be addressed between the parties as well as their community to repair the harm. Under both practices, you start with the premise that people have the power to resolve their conflicts without the intervention of an adjudicator. My role is to help clients identify their underlying interests, which often do not neatly align with their legal positions or rights, and then work with them and the other parties and counsel to try and meet their interests as well as those of the other disputants.  

Canadian frozen food company to create 67 jobs in Warren County

Montreal-based Nature’s Touch Frozen Foods LLC will spend $40.3 million to expand in Warren County, creating 67 jobs, Gov. Ralph Northam announced Tuesday.

Harrisonburg-based InterChange Group Inc. will build a 126,000-square-foot facility for Nature’s Touch. The company will import raw materials directly to the new facility for processing and distribution.

In 2014, Nature’s Touch established its Virginia production facility at Stephens Industrial Park in Warren County. The new facility will be across the street and will allow the company to integrate its product handling, making all parts of the process in-house. The company expects to increase the fruit produced annually through the Port of Virginia from 20 million pounds to 45 million pounds.

“Companies choose to invest in Virginia because they can reach customers around the world through the Port of Virginia, including the Virginia Inland Port in Front Royal,” Northam said in a statement. “Nature’s Touch’s decision to reinvest is a testament to the strong qualities that make Virginia the country’s top state for business.”

Founded in 2004, Nature’s Touch supplies frozen fruit to retailers in Canada, the U.S., Australia and Japan. It offers private label programs in addition to its own brands and is one of the largest buyers of fruit globally.

“Nature’s Touch is excited to extend and expand its presence in Warren County,” Nature’s Touch Chief Operating Officer Dan Jewell said in a statement. “After extensive evaluation, we determined that Front Royal continues to be the most strategic location for the company’s hub facility for the East Coast United States. This, combined with the opportunity to extend the company’s ongoing strategic partnership with InterChange, made the decision to build the facility in Warren County an easy one for Nature’s Touch.”

The Virginia Economic Development Partnership worked with Warren County and the Port of Virginia to secure the project for Virginia, for which the state competed with Montreal. Northam approved a $400,000 Virginia Investment Performance grant, an incentive for existing companies to continue capital investment. Nature’s Touch is eligible to receive benefits from the Port of Virginia Economic and Infrastructure Development Zone Grant Program. The Virginia Talent Accelerator Program, a workforce initiative created by the VEDP and Virginia Community College System, will provide customizable recruitment and training services at no cost to the company.

“Nature’s Touch has been a cornerstone food company in Warren County for the last decade, and we’re excited to have the company invest in this significant expansion and provide more jobs for our residents,” Front Royal Warren County Economic Development Authority Chair Jeff Browne said in a statement. “This expansion helps solidify Warren County’s reputation as an international manufacturing center in the food industry.”

Five-building industrial portfolio sells for $9M

A five-building industrial portfolio with buildings in Harrisonburg, Chesterfield County, Newport News, Virginia Beach and Durham, North Carolina, sold for just over $9 million Thursday, Glen Allen-based commercial real estate firm Commonwealth Commercial Partners LLC (CCP) announced.

ESAP LLC sold the portfolio to Drakadia Holdings LLC, a business entity registered to an eastern Henrico County address occupied by QTS, a data center company with a large presence in the state. QTS opened a 1.3 billion-square-foot data center in White Oak Technology Park near Richmond International Airport, where the company established an access point for three subsea fiber-optic telecommunications cables that come ashore in Virginia Beach and connect data networks in the U.S., Europe and South America.

Kit Tyler, a senior vice president at CCP, and Tucker “Nash” Warren, a senior associate, represented the seller. Alicia Patel with Keller Williams Realty represented the buyer.

The five buildings are leased by Capital Electric and other small tenants, with the buildings ranging from 17,100 to 39,917 square feet in size.

 

JMU SVP of administration and finance announces retirement

Charlie King, James Madison University’s senior vice president of administration and finance for the past 25 years, has announced he will retire in December, the university said Monday.

“On behalf of the entire university community, I congratulate Charlie on his retirement and share deep appreciation for the foundation he has laid, his support and his never-ending commitment to JMU,” JMU President Jonathan Alger said in a statement. “He has served a critical role in working with legislators across the commonwealth and has spearheaded numerous capital projects that have enhanced this institution greatly.”

King has managed the financial resources of JMU and been involved with capital projects on campus, including building out the school’s East Campus and growing JMU’s athletic programs. In 2019, the university’s endowment grew to $111 million, a 42% increase over the past five years, and JMU’s $200 million fundraising campaign launched in 2018 reached its goal more than a year early.

“This is certainly a bittersweet moment as I have enjoyed my time at the university and have watched JMU become a first-class institution of higher education,” King said in a statement. “I am very proud of the work administration and finance employees have done to help develop JMU into the place it currently is.”

Towana Moore, associate vice president for business services, will serve as interim vice president of administration and finance. King will work on a temporary, part-time basis with JMU’s government relations staff through the next General Assembly session.

Prior to joining JMU in 1996, King was vice president for business affairs at Radford University. From 1975 to 1991, King served as assistant dean of students, director of housing, director of housing and food services, director of business services and assistant vice chancellor at the University of North Carolina Wilmington. He holds bachelor’s and master’s degrees from Appalachian State University.

 

Harrisonburg’s Farmer Focus hires CFO, R&D head

Harrisonburg-based Farmer Focus has hired Debarshi Sengupta as chief financial officer and Sean McLendon as head of research and development, it announced on Aug. 26 and Sept. 9.

“Debarshi is an instrumental hire to guide our future, creating a strategic path forward to plan and resource our tremendous growth,” Farmer Focus president and Chief Operating Officer Erik Vaughan said in a statement.

Sengupta will oversee finance and accounting, financial planning and analysis and other financial aspects of the company. He most recently worked with Clarity Food Ventures LLC, a consumer packaged goods startup that he co-founded. Prior to joining Clarity Food, Sengupta was an executive vice president overseeing mergers and acquisitions, strategy, investor relations and financial planning and analysis at JBT Corp, a food processing machinery provider. He was also division CFO of the company’s FoodTech Protein segment. Before joining JBT Corp., Sengupta was an investment banker at Banc of America Securities LLC, now Bank of America Merrill Lynch.

“Growing up in the city, I was unaware of the challenges of our food system and how critical farmers are to the future of our food supply,” Sengupta said in a statement. “Joining the Farmer Focus team will enable me to use my experience and talent to help transform an industry and be an example of how food companies can create meaningful and lasting change.”

Sengupta holds a bachelor of science in electrical engineering from the University of Texas at Austin, an MBA from Northwestern University’s Kellogg School of Management and a master of engineering management (MEM)  from Northwestern University’s McCormick School of Engineering.

Sengupta succeeds Dan Detamore-Hunsberger.

McLendon was previously the senior director of research and development at JBS USA Holdings Inc. Before that, he was head of research and development for Lumina Foods LLC. He also worked in research and development for CraftWorks Holdings Inc., now owned by SPB Hospitality. He is a graduate of the Culinary Institute of America and in 2009 was nominated for a James Beard Award when he was the owner and chef of Sean’s American Bistro.

Sean McLendon is the head of R&D for Farmer Focus.

“As a chef, I have always had the deepest respect for farmers,” he said in a statement. “So working for a company that is committed to the preservation and promotion of generational family farms is incredibly meaningful to me. One of the best ways I can honor our farmers and the birds they so carefully raise is to develop products and flavors that bring out the best in each part of the bird.”

McLendon led the development of Farmer Focus’ pre-seasoned product line, which includes Peruvian, Chophouse, Red Curry, Toasted Lager and Lemon and Cracked Pepper chicken products.

“In addition to his passion for the Farmer Focus mission, Sean brings an abundance of talent and experience to this critical role,” Farmer Focus founder and CEO Corwin Heatwole, said in a statement.

Founded in 2014, Farmer Focus is an organic chicken processing company with a mission to protect and promote generational family farms. The company currently works with more than 70 family farms and has more than 100 more on a waiting list. Its chicken is available in 2,500 stores on the East Coast and in the Midwest, including Publix and Kroger.

JMU entrepreneurship center hires new director

James Madison University announced Thursday that Suzanne Bergmeister has been named the next executive director of its Gilliam Center for Entrepreneurship. She comes from the University of Louisville’s Forcht Center for Entrepreneurship in Kentucky, where she has been the full-time entrepreneur in residence for the past 15 years and assistant director for four.

Bergmeister, who served 25 years in the U.S. Air Force and founded a venture capital and small business consulting firm, Sunflower Business Ventures Inc., holds degrees in finance, electrical engineering and business from Cornell University, Rutgers University and California State University-Fresno. At Louisville, she taught graduate and undergraduate classes and mentored MBA teams that won more than $1 million in competition prizes. Bergmeister also won Louisville’s graduate teaching award twice and the Enterprise Corp. Entrepreneurial Leadership Award.

“We are thrilled that Suzanne was tapped to lead the Gilliam Center for Entrepreneurship at JMU,” said College of Business Dean Mike Busing. “Her prior experience with University of Louisville’s Forcht Center, especially with securing grant funding and mentoring students, veterans and lower income entrepreneurs, will serve JMU and support economic growth in the region. Her deep understanding of both the entrepreneur and venture capitalist is critical as the center evolves and achieves national recognition for excellence.”

The Gilliam Center’s previous executive director was Bobby Smith, who was hired last May and left in February.

Slovenian manufacturer bringing $2.6M U.S. HQ to Harrisonburg

SIBO Group, a Slovenia-based manufacturer of closure solutions for tubes, containers and other packaging systems, will invest $2.6 million to establish its U.S. corporate headquarters and a new manufacturing operation in Harrisonburg. The subsidiary will operate as SIBO USA LLC and the project will create 24 jobs.

Founded in 1967, SIBO Group got its start producing plastic closures for the cosmetics industry. The company now manufactures plastic caps and shoulders, molds, technical components and other items, supplying many of the world’s leading brands in oral care, cosmetics, pharmacy, medicine, household, sanitary and food products. SIBO Group exports to more than 65 countries around the world, has more than 300 customers worldwide, and produces more than five billion pieces every year. The company is establishing a U.S. corporate headquarters to shorten delivery times to North America and South America, according to the SIBO Group.

“SIBO Group decided to establish its first U.S. production facility in Harrisonburg and to commit our production resources to Virginia’s Shenandoah Valley due to the welcoming culture, strategic geographical position, investment-friendly state incentives, advanced infrastructure, economically active and innovative population, highly-qualified human capital, and tradition of industrial manufacturing,” SIBO USA CEO Mat Zakotnik said in a statement. “Our global team analyzed potential investment opportunities across the U.S., and we concluded that Virginia and Harrisonburg offer the best deal for our mutual success, not only in the form of market expansion opportunities for SIBO USA, but also by providing unprecedented local job creation potential, [an] inclusive local community and long-term corporate partnership.”

SIBO USA is eligible to receive up to a total of $21,600 from the Virginia Jobs Investment Program, a performance-based incentive offered through the Virginia Economic Development Partnership, according to Suzanne Clark, VEDP spokeswoman.

 

Sentara Healthcare named one of top 5 U.S. large health systems

Norfolk-based Sentara Healthcare was named one of the top five large U.S. health systems in an annual ranking by Fortune and IBM Watson Health released Tuesday.

Sentara landed in fifth place, receiving five stars for clinical outcomes and operation efficiency and three stars for patient experience. This is the second year Sentara was ranked among the nation’s top 15 health care systems by Fortune and IBM. Also, Sentara Leigh Hospital in Norfolk was named the No. 2 teaching hospital in the U.S., with five stars in all categories, including financial health, clinical outcomes, operation efficiency and patient experience.

In the top medium community hospitals category, two Virginia hospitals were ranked. At No. 9 is Sentara RMH Medical Center in Harrisonburg and in 17th place, Reston Hospital Center, which is owned by HCA Healthcare.

According to Fortune, IBM researchers evaluated 2,675 hospitals and 324 health systems for this year’s list, adding a new category judging hospitals on their community health engagement, such as offering home visits for the elderly and screening for drug and alcohol abuse and domestic violence. Also under consideration were hospitals’ treatment of their workers and suppliers, as well as patients who have trouble paying bills.

“Sentara ranked highly in a number of areas, including reduced inpatient mortality rates and fewer health complications,” Sentara Healthcare President and CEO Howard P. Kern said in a statement. “We were also recognized for significant improvements in patients’ average length of stay and reduced emergency department wait times. We are honored to be named a top 15 health system and will continue to focus on improved patient care and outcomes for the communities we serve.”

 

Startup PPE manufacturer settles in Harrisonburg

Startup manufacturing company Valley Guard Supply LLC will invest $1 million to establish a personal protective equipment manufacturing facility in Harrisonburg, creating 45 jobs, Gov. Ralph Northam announced Wednesday.

The service-disabled, veteran-owned company produces three-ply disposable masks and plans to produce other safety and security gear, according to Northam’s statement.

“Domestic manufacturers of personal protective equipment are critical as we battle this global pandemic, and we thank Valley Guard Supply for answering the call right here in Virginia,” Northam said in a statement. “The company’s new Harrisonburg operation will play an important role in localizing our supply chain and keeping health care workers and citizens safe.”

Valley Guard Supply was founded by James Madison University alumni in April 2020. The company has leased a facility, is purchasing machinery and hiring full-time staff. The company plans to donate masks to local nonprofits and community organizations.

“Without a doubt, talent was the driving force behind Valley Guard Supply’s decision to locate its ‘Made in the USA’ operation in Harrisonburg,” Andy Perrine, strategic adviser at Valley Guard Supply, said in a statement. “James Madison University’s ranking as Virginia’s best school for getting a job and the university’s programs teaching innovation — most notably JMU X-labs — gives the company great confidence that our plans for growth and expansion can rely on a steady stream of top talent.”

The Virginia Economic Development Partnership (VEDP) worked with the city of Harrisonburg to secure the project for Virginia. The VEDP also connected Valley Guard Supply with GenEdge, which approved the company for the GO Virginia-funded Retooling Virginia Manufacturers for Strategic Industries Program. VEDP’s Virginia Jobs Investment Program will also provide job creation support.

 

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