With Takeover Feud Still Simmering, Nantucket Wine Festival Owner Faces New Lawsuit

JohnCarl McGrady •

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The Nantucket Wine Festival at the White Elephant in 2019.

The Nantucket Food and Wine Fest Festival is facing yet another hurdle as the dispute between festival owner Nancy Bean’s company and Gordon’s Fine Wines & Liquor, a Boston-based distributor and retailer, over control of the festival closes in on a September court date. Late last month, former festival partner Roy Jay sued Bean for deceptive financial practices and breach of contract that reportedly cost Jay well over $100,000.

“Nancy Bean has engaged in deceptive financial practices in the concealment of deposits in a variety of opaque ways,” the complaint reads in part.

Jay claims he is owed shortfall payments and distributions that he never received, and his complaint asks Bean “to restore all consideration…resulting directly from the breaches of contract, plus interest, in order to return all parties to the status quo.”

Nancy Bean

Bean has filed to dismiss the case, claiming that his issues are primarily with her former business partner and that the federal court for the district of Massachusetts in which the case was filed does not have jurisdiction.

“The premise of Roy [Jay’s] lawsuit is based on a deal that he made with my previous business partner, Mark Goldweitz, in 2018. We have filed a motion to dismiss,” she said in a statement.

Bean and her team have also suggested that Jay’s lawsuit is caused in large part by Gordon’s effort to take the festival from Bean by launching a nearly identical event scheduled for the same dates. Gordon also initially falsely claimed to have purchased the festival from Bean.

“Mr. Jay’s lawyer and I have had some friendly discussions,” Bean’s attorney, Barry Pollack, said. “We do not expect the case will remain pending for long, but rather results in large part from confusion about what has happened in connection with outside efforts to exploit the Nantucket Wine & Food Festival.”

Pollack also pointed to an amended filing in Bean’s lawsuit against Gordon, which names Gordon’s lawyer, Todd Goldberg. The new version of the suit claims that Goldberg manipulated Bean, providing advice to her that he claimed was impartial despite his relationship with Gordon. The amended filing suggests Goldberg may have caused the confusion Pollack believes led to Jay’s lawsuit.

“Goldberg failed to fulfil his professional responsibilities to the Nantucket Wine & Food Parties by providing legal advice to them without advising them to obtain independent counsel and without advising them that because of his relationship with Gordon, he was not disinterested or capable of giving Bean disinterested advice,” the amended complaint reads in part. “In connection with Goldberg providing legal advice, Goldberg and in turn the Gordon Parties received sensitive financial information regarding the Nantucket Wine & Food Parties’ business, including records concerning the festival’s performance, payroll, purchase orders, partnerships, and vendor matters.”

CORRECTION: The original story incorrectly stated Jay's lawsuit named the Nantucket Wine & Food Festival. The litigation in fact names Bean, along with Mark and David Goldweitz as defendants, not the festival itself. 

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