ATLANTA BUSINESS CHRONICLE www.atlantabusinesschronicle.com August 20-26, 2010 • Page 3A

E-books: McQuary may join Barnes & Noble EarthLink vet McQuary could By Douglas Sams and falling stock price. Barnes & Noble recently announced help B&N go STAFF WRITER Burkle says a majority of the company’s that it is exploring strategic alternatives digital. At lanta businessman Michael McQuary, existing board has personal or business ties and that Riggio is considering making a former president of EarthLink Inc., could to Leonard Riggio, its chairman. bid for the company. soon help Barnes & Noble Inc. embrace Barnes & Noble is scheduled to hold its McQuary, reached by Business the digital age. annual shareholders meeting on Sept. 28. Chronicle Aug. 17, said he was unable to McQuary, now CEO of Wheego Electric Burkle is soliciting other shareholders to comment as the proxy battle unfolds. Cars, is one of billionaire investor Ronald elect to the board himself, McQuary and The battle for control of Barnes & Noble Burkle’s nominees for the board of Barnes Stephen Bollenbach, a former CEO of comes as it and other bookstore chains are & Noble (NYSE: BKS), the largest U.S. Hilton Hotels Corp. engaged in their own battle — for the bookstore chain. Yucaipa has been a Barnes & Noble e-reader market. Burkle, chairman of Los Angeles-based stock holder since November 2008 and now That’s where McQuary could be impor- Yucaipa Cos., has launched a proxy fight owns 19.2 percent of Barnes & Noble’s tant, industry experts said. for control of Barnes & Noble’s board, shares, making it the company’s largest In the mid-1990s, the early years of the citing the company’s poor performance shareholder other than Riggio. ➤ See MCQUARY, 26A John Williams, Synovus in court A ‘willkommen’ for new biergarten over loans By Ben Smith STAFF WRITER A bank that John A. Williams helped build is suing the Atlanta developer for $45 million in defaulted real estate loans and penalties the lender claims he owes on a variety of properties. They include two prime tracts in the heart of Manhattan. Williams disputes the claim. He main- tains that the lender, Bank of North , forgave the loans last October in exchange for Williams’ security interest in a Cobb County subdivision built by one of his companies. Williams filed two lawsuits against Bank of North Georgia’s parent, Synvous Financial Corp. (NYSE: SNV), on June 16 in Fulton Superior Court. Synovus filed counterclaims on July 26. The court action puts Williams on PHOTOS/BYRON E. SMALL opposing sides with Kessel D. Stelling Der Biergarten: Matt Youhess, clockwise from left, Steve Schrope, Wolfgang Hurtert, Brian Bullock, David Marvin, Matt Jr., his former protégé and business Mason and Greg Rancone plan to have the German restaurant and beer garden open in time for Oktoberfest. partner. Stelling, who is not a party in the lawsuit, is president and chief operating By Lisa R. Schoolcraft Der Biergarten, at about 7,000 square feet, is expected officer of Synovus. STAFF WRITER to devote about 3,000 square feet of its space to beer garden In the mid-1990s Williams and Stelling owntown Atlanta is about to “willkommen” a new res- tables, 2,000 square feet of which will be on an outside acquired a controlling interest in the fledg- taurant. terrace. ling Cobb American Bank. They revived it Legacy Property Group LLC plans to open Der The rest of space will be a traditional restaurant, Marvin said. and renamed it Riverside Bank. In 2005 the D Biergarten, a German restaurant and beer garden, by Chef Don Diem will be in charge of Der Biergarten, which two sold Riverside Bank to Synovus, which Sept. 18 at 300 Marietta St. in the Luckie Marietta District, in will feature bratwurst and other sausage, strudels, pretzels merged it with Bank of North Georgia. time for Oktoberfest, the holy grail of German festivals. and mustards. According to published reports at the Der Biergarten, in partnership with co-owner and German Matt Youhess is in charge of the beer selection, which will time, Stelling and Williams stood to collect native Wolfgang Hartert, will offer a cuisine in short supply in include at least 10 German beers on draft and 50 more beer more than half of $174 million in stock from metro Atlanta, said David Marvin, president of Legacy varieties by the bottle, Marvin said. the deal. Property Group. “We’ll have some retail, including steins for sale and food Williams’ attorney, John A. Christy of “We recognized that the beer garden ... a trend in the rest of for sale,” he said. “In addition to the restaurant, we will have a Schreeder, Wheeler & Flint LL P, says the the country, hasn’t landed in Atlanta,” he said. ➤ See BIERGARTEN, 27A ➤ See LOANS, 26A

High visibility: The Wachovia sign makes way for Wells Fargo retools real estate portfolio Wells Fargo in October. By Douglas Sams JPMorgan Chase & Co. (NYSE: JPM), biggest real estate deals this year. STAFF WRITER made a major push into Atlanta. Regions It would need to lease a bigger share of Wells Fargo & Co. is carrying out a Bank plans to relocate its regional offices the building, and the bank has not ruled massive retooling of its 5 million-square- to Midtown’s Atlantic Center Plaza on that out. Also in October, Wells Fargo will foot Southeastern real estate portfolio . unveil its new signs at former Wachovia aimed at cutting tens of millions in costs Wells Fargo already has high-profile branches — about 250 across Georgia. and potentially allowing the bank to add real estate. In 2008, Wells Fargo merged with corporate jobs in Atlanta. In October, it will convert the familiar Wachovia Corp. in a $15 billion deal. The reshuffling includes 1.3 million blue and green Wachovia sign atop “This is a huge effort aimed at showing square feet of office space and about 200 , the 22-story tower at we are now a coast-to-coast bank,” said Wachovia bank branches in metro Atlanta, that stands above the Chuck Alexander, vice president and where the lender is trying to restructure Connector, to the Wells Fargo red- and regional director of Wells Fargo’s Corporate leases, move to new locations, or both. gold-colored moniker. Properties Group. “We want the red and The plans also coincide with Wells Fargo Wells Fargo may also put its sign atop gold sign to become ubiquitous.” & Co.’s ambition to raise its profile in the the 19-story Prominence tower in Converting the signs is the easy job. competitive Atlanta lending market. , at Georgia 400 and Lenox Getting greater market share is the Other competitors are already seeking Road, where it recently consolidated bigger hurdle. more of the limelight. two of its insurance offices, one of the ➤ See WELLS FARGO, 26A ATLANTA BUSINESS CHRONICLE www.atlantabusinesschronicle.com August 20-26, 2010 • Page 27A

A ‘willkommen’ for new biergarten “In the South, in a lot of ways, it is diffi- Continued from 3A cult to shake loose their habits,” Friese stein club. People who join will have stein said. “The South is not used to cultural kept in a locker within the restaurant and Luckie Marietta District diversity.” we’ll have special offerings for them.” Luckie Marietta District, bounded by His customers tend to be transplants to German influence Marietta, Baker, Spring and Latimer Atlanta, not natives, he said. streets, comprises 24 restaurants But a German restaurant downtown Marvin thinks the new $1 million restau- and lounges, 16 attractions and will have the benefit of “visitors and those rant, with proximity to the Georgia retail, and six hotels. who want to experience something new,” Aquarium and the Georgia World Congress Friese said. Center, will serve not only tourists, but also He said he hopes the new restaurant businessmen in Atlanta. challenge, Shumacher said. “This is a does well, because it is harder to find good “There are a couple hundred German cuisine that is not very familiar [here].” German food. companies [with offices] in Atlanta and Being downtown will help the restau- “German restaurants, in general, are not twice that number of German companies in rant “because we have 3 million to found as much any more,” he said. Georgia,” he said. 4 million people annually going to special Marvin admitted Der Biergarten’s The German American Chambers of events and sporting events,” he said. “But cuisine may be new for many Atlantans. Commerce and the Consulate General of will the average Atlantan trek down there? “There are no other German restaurants the Federal Republic of Germany both I don’t know.” in downtown, Midtown and Buckhead,” he have offices in Atlanta, Marvin added. The Village Corner German Restaurant said. “Quite honestly, there is a fairly weak “We think a traditional beer garden will and Bakery in has been offering in Georgia. German food, as we have broader appeal, especially to open since 1974, and owner Claus Friese approach it, is simple, and much of it is BYRON E. SMALL Europeans at large,” he said. said there have been several German res- comfort food. We’re going to keep it Gardeners: Co-owner and German native Atlanta’s Luckie Marietta District, taurants that have come and gone in approachable and keep it authentic.” Wolfgang Hurtert, from left, David Marvin, bounded by Marietta, Baker, Spring and metro Atlanta. Reach Schoolcraft at [email protected]. Brian Bullock and Matt Youhess. Latimer streets, is composed of 24 restau- rants, 16 attractions and retail, and six hotels and is “establishing itself as the entertainment district for the city, said EXECUTIVE MARKETPLACE William Pate, president and CEO of Atlanta Convention & Visitors Bureau. NOTICE OF INCORPORATION Several restaurants have opened in that Notice is given that Articles of Incorporation incorporating ABSOLUTE AUCTION Jenny Malk, Inc. have been filed with the Secretary of State in district, including Legal Sea Foods and accordance with the Georgia Business Corporation Code. The Disposition of Properties STATS sports bar, he said. “That’s one of initial registered office of the Corporation will be located at All By One Bank the things we’ve been looking to get estab- Friedman Dever & Merlin, LLC, 5555 Glenridge Connector, NE, No Minimums, No Reserves lished in the community, an entertainment Suite 925, Atlanta, Georgia 30342, and its initial registered agent at such address is Sheldon E. Friedman, Esquire. Sells Regardless of Price district within walking distance from the hotels for conventioneers, but also for tour- REQUEST FOR PROPOSAL 265± Residential & ists visiting the Aquarium or Imagine It! A national, well-established agricultural trade organization’s [The Children’s Museum of Atlanta],” foundation, based in the southeast, wishes to run its first-ever Commercial Properties he said. capital fundraising campaign. The tentative goal is $12 Including properties in this area to $20 million to create an endowment fund to pay for New restaurants aren’t limited to just the research and educational programs. Luckie Marietta District, Pate said. The organization is professionally staffed, but it will need extensive Tues., August 31, 3:00 p.m. assistance in each of the following areas: (a) preparing a strategic Googie Burger recently opened in plan and other materials antecedent to conduct a planning Metro Atlanta Group , and Meehan’s (feasibility) study; (b) conducting an objective, thorough planning Sale Site: Atlanta Marriot Public House opened at 200 Peachtree, in study nationally; and (c) if feasible, conducting a multi-year capital fundraising campaign. The consulting firm should have extensive 246 Perimeter Center Parkway NE, Atlanta the former Macy’s department store space. prior experience in each of these areas working with organizations “I think it is all a recognition of the with little or no prior capital fundraising experience. Terms: Pay 20% down or $2,500, whichever is greater. Some experience working with a food-related agricultural 10% buyer’s premium. Visit johndixon.com for details. GAL #2034 increased traffic in the downtown area,” organization and/or trade organizations would be helpful. he said. If your firm is interested, please send the vitae of the senior officer Online bidding available. and study director you would assign to this client. Also, please Unfamiliar concept include some information about your typical fees for a study and BROKER PARTICIPATION a possible two- to three-year campaign to follow. Copies of study Adding a cuisine that is less familiar to reports prepared for organizations with little or no fundraising For details: Atlanta has advantages and disadvantages, experience should also be forwarded. Johndixon.com said Harold Shumacher, president of The Materials should be sent to the attention of: 800.479.1763 Tanisha Scott, 1530 Cooledge Road, Tucker, GA 30084 Shumacher Group Inc., which brokers res- Please submit proposals no later than September 30, 2010. taurants and does restaurant consulting. On one hand, the new concept “is a good indication of Atlanta’s growing international U.S. BANKRUPTCY COURT, ATLANTA appeal,” he said. “The beer garden adds to CHIEF DEPUTY CLERK (TYPE II) The Chief Deputy Clerk is a senior management position which the appeal. People’s willingness to try dif- Similar auction held in Macon Wed., Sept. 1, 3:00 P.M. ferent beers has increased.” reports directly to the Clerk of Court and acts on behalf of the But on the other hand, Atlanta does not Clerk of Court during the Clerk of Court’s absence. A Bachelor’s degree from an accredited institution is required. Additionally, have a large German community to support NOTICE OF INTENT $8&7,21 applicants must have a minimum of six years of management 6DWXUGD\$XJXVWWK#$0 a German restaurant and that may be a experience. Position requires at least three of the six years of TO INCORPORATE 6WDWHVERUR*D experience must have been progressively responsible experi- ence in administrative, supervisory, managerial, or professional Yotta Enterprises, Inc. 6T)W NEWS BRIEFS work, which provide an opportunity to acquire a thorough knowl- Notice is given that the 6KRSSLQJ&HQWHU edge of the basic concepts, principles, policies and theories of Articles of Incorporation which RQ$FUHV AirTran increases management (specialized experience). Excellent oral and written /RFDWLRQ+:< communication skills are required. will incorporate Yotta 6WDWHVERUR*D 7KLVLVWKHVDOHVLWHIRUERWKSURSHUWLHV Managerial experience in a court environment, as well as broad Enterprises, Inc will be checked baggage fees $FUHV/RFDWHGRQ(OPHU3KLOOLSV automation skills and understanding of electronic case docket- delivered to the Secretary of 5G +DUYLOOH5G=RQHG5 AirTran Airways Inc., which has its ing systems are highly desirable qualifications. Must be able to State for filing in accordance &DOO)RU)UHH%URFKXUH main hub at Hartsfield-Jackson Atlanta balance the demands of varying workload responsibilities and with the Georgia Business   deadlines and must have demonstrated a strong commitment 2U9LVLW2XU:HEVLWH International Airport, is raising checked Corporation Code. The -'85+$0$8&7,216&20 baggage fees by $5. to developing a supportive and harmonious team environ- initial registered office of the %X\HUV3UHPLXP ment. Qualities must include: leadership, motivation, maturity, Starting Sept. 1, for all coach class res- corporation will be locate at organization, good steward of resources, possess tact, good 2111 Briarcliff Gables Circle ervations made after Aug. 16, the charge judgment, initiative, interpersonal skills; and, maintain a profes- '85+$0 for a first checked bag is $20 with size and NE, Atlanta, GA 30329 and its - $662&,$7(6 sional appearance and demeanor at all times. Candidates with a $/%$1<*$ weight limitations, according to AirTran’s Juris Doctor or a Master’s Degree from an accredited institution, initial registered agent at such :::-'85+$0$8&7,216&20 (NYSE: AAI) website. supported by progressive leadership experience, are encouraged address is Steven Hettrich. *$/ For all coach class reservations, the to apply. Excellent employee benefits; competitive salary com- charge for a second checked bag is $25. mensurate with experience. NOTICE OF INCORPORATION Submit an Application for Judicial Branch Federal Employment The excess baggage charge, for other Notice is given that Articles of Incorporation incorporating (AO 78) or a resume, including salary history, with a cover letter American Skylines, Inc. have been filed with the Secretary of than sporting equipment, will be $50 for detailing how your qualifications meet the job requirements. each piece after the first two bags. State in accordance with the Georgia Business Corporation Code. Applications and a more detailed job description is available on The initial registered office of the Corporation will be located at Overweight baggage rates are based on the Court’s website, www.ganb.uscourts.gov. Submit to United Friedman Dever & Merlin, LLC, 5555 Glenridge Connector, NE, weight: $49 for bags weighing 51 to 70 States Bankruptcy Court, Chief Deputy Clerk (Type II) #10-11 Suite 925, Atlanta, Georgia 30342, and its initial registered agent at pounds and $79 for bags weighing 71 to P.O. Box 3349, Atlanta, Georgia 30302. such address is Sheldon E. Friedman, Esquire. 100 pounds. To Advertise: Contact Nidal Ibrahim • [email protected] or call 404.249.1747