Dana and Dana Partner, Mark Dana added his opinions to an ongoing legal issue involving a local business and proprietary waffles.
Shane Matlock, owner of The Burgundian in Attleboro, filed a lawsuit in Massachusetts Superior Court accusing a Waltham-based food company of making money off his creation — something the larger company denies.
NBC 10 legal analyst Mark Dana reviewed the lawsuit, which includes portions of the NDA.
“It looks rock solid,” Dana said of the NDA. “Clearly, he had an exclusive aspect of these waffles. He had the recipe. It was a confidential recipe.”
“Unless the defendants can come back with some indication, prior to the negotiations, that they were involved in waffle making, they’re not going to prevail,” Dana said.
Eastern Standard Provisions denied Matlock’s accusations but would not take part in an interview with NBC 10. The company sent an emailed statement, which reads in full:
The founders of Eastern Standard Provisions take great exception to the baseless, disparaging attacks by Mr. Matlock and his attorney. To be abundantly clear, the story Mr. Matlock has attempted to convey is not truthful or accurate. As a local company with deep New England roots, we have immense pride in the brand we’ve built upon our integrity, quality products, and honest business practices. Because Mr. Matlock and his team have chosen to file a lawsuit, we will share our side of the story in the court proceedings in an appropriate manner, proving that their claims are false and completely unfounded. Further to that point, Eastern Standard Provisions will seek full accountability in those same court proceedings for the malicious, untrue public statements that Mr. Matlock and his attorney are spreading in their troubling attempt to harm our company’s business.
Dana told NBC 10 the so-called “Oprah Factor” will be an important component of the case, too.
“If the plaintiff prevails, not only does he get the current profits from what they are selling. He gets the Oprah profits, which according to the complaint, could be as much as $15 million,” Dana said.