Capitol Peak Asset Management

Denver-based Capitol Peak has a controlling stake in New Dairy Opco LLC, the joint venture with KKR that acquired the assets from Borden Dairy. Capitol Peak was founded in 2017 by Gregg Engles, the former chairman and CEO of The Whitewave Foods Company, and prior to that, Dean Foods, the largest processor and distributor of fluid milk in the U.S. KKR, an existing lender of Borden Dairy, submitted a credit bid to back Capitol Peak. Founded in 1857, Dallas-based Borden Dairy was the first company to develop a patent for the process of condensing milk, as well as the first company to use glass milk bottles. It now produces more than 35 products consumed by millions daily with over $1.2 billion in revenue in 2019. In representing Capitol Peak, Sharry, Malone and Pezanosky were assisted by a multi-practice Haynes and Boone team that included David Lightstone, Omar Shariff, Rachael Apfel, Jessica Berkowitz and Chris Albert (M&A); Paloma Ahmadi, Melissa Goodman and Raquel Alvarenga (Labor); Susan Wetzel, Scott Thompson and Alexis Blair (Benefits); Chris Konopka and Mary Claire Cranford (Real Estate); Mary Mendoza (Environmental); Marc Legrand (IP); Suzie Trigg and Joanna Pearce (Regulatory); Sam Lichtman and Don Shiman (Tax) and David Trausch (Restructuring).