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Apollo’s Fresh Market Taps Carlos Clark as General Counsel

Dec. 4, 2020, 9:58 PM

The Fresh Market Inc. has hired Carlos Clark as senior vice president and general counsel following the departure of former legal chief Scott Duggan last year.

Clark joins the specialty foods retailer, based in Greensboro, N.C., officially on Dec. 7.

He previously worked for vacation timeshare company Wyndham Destinations Inc. for two years as vice president of corporate and securities and assistant corporate secretary. Before that, he spent five years with SeaWorld Entertainment Inc.

“Carlos brings significant experience from the hospitality industry, and I am looking forward to him leading our legal team and lending his expertise and counsel to further our growth and future success,” Fresh Market CEO Jason Potter said in a statement Friday.

Clark’s predecessor left Fresh Market in March 2019, according to his LinkedIn profile, and now works at children’s apparel company Carter’s Inc. as general counsel and senior vice president of corporate and legal affairs.

Duggan has been one of many defendants in a shareholder suit that followed Fresh Market’s 2016 sale to Apollo Global Management Inc. for $1.4 billion.

The suit included allegations that Duggan and other executives breached their fiduciary duties during the transaction. The executives misled the company’s board and intentionally concealed information about conflicts of interest, the suit claimed.

Though some shareholder claims have been dismissed, Duggan and others, including deal advisor J.P. Morgan Chase & Co., remain defendants.

Duggan, who is represented by Wilson Sonsini Goodrich & Rosati, has denied all allegations. He did not immediately respond to requests for comment on the litigation. Fresh Market said it doesn’t comment on pending litigation matters.

Fresh Market’s assistant general counsel, Gerald Walden Jr., held the role of interim head of legal until the arrival of Clark, who began his career in private practice with Goodwin Procter and Goulston & Storrs.

Other additions to Fresh Market’s executive team this year include Brian Johnson as senior vice president of store operations, Kevin Miller as chief marketing officer, and Potter as CEO.

The company has largely escaped the economic fallout of the pandemic. Bloomberg News reported in September that the company saw second-quarter revenues increase by more than 25%, boosted by the pandemic’s effects on consumer eating habits and an increase in at-home cooking.

To contact the reporter on this story: Ruiqi Chen in Washington, D.C. at rchen@bloombergindustry.com

To contact the editors responsible for this story: Chris Opfer at copfer@bloomberglaw.com;
John Hughes at jhughes@bloombergindustry.com