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Overview
Your Ultimate Guide
The brewing and distilling industries are rapidly growing, but complex state and federal regulations are ever-present obstacles to startups and established businesses alike. This online seminar will teach you how to help your clients build a solid business; minimize liability; and navigate the licensing, labeling, and tax reporting challenges along the way. You will also learn how to effectively protect your client's intellectual property, avoid legal landmines in advertising, and receive valuable tips for negotiating distribution agreements. Enhance your understanding of this unique area of law - register today!
- Advise your client on business entity selection, insurance, financing, and more.
- Effectively navigate licensing and label approval procedures.
- Confidently advise your clients on state and federal regulations and tax reporting requirements.
- Receive beneficial advice for drafting an array of contracts ranging from distributor agreements to equipment leases.
- Ensure clients design compliant advertisements.
- Understand the nuances of protecting the intellectual property of breweries and distilleries.
- Anticipate and learn how to appropriately manage the different ethical situations that can arise.
Abbreviated Agenda
- Licensing, Labeling, and Regulatory Compliance
- Federal and State Tax Reporting Requirements (Part 1)
- Federal and State Tax Reporting Requirements (Part 2)
- Negotiating/Drafting Brewery and Distillery Contracts
- Intellectual Property and Advertising
- Walking the Ethical Line
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| California CLE |
|
5.5 Total | 10-27-2027 |
| Connecticut CLE |
|
5.5 Total | 10-27-2027 |
| Florida CLE |
|
6.5 Total | 04-30-2027 |
| Illinois CLE |
|
5.5 Total | 10-26-2027 |
| New Jersey CLE |
|
6.6 Total | 07-11-2026 |
| New York CLE |
|
6.5 Total | 10-27-2028 |
| Ohio CLE |
|
5.5 Total | 12-31-2025 |
| Pennsylvania CLE |
|
5.5 Total | 10-27-2027 |
Select Jurisdiction
CLE
Agenda
-
Licensing, Labeling, and Regulatory Compliance
- The Regulatory Framework at the Local, State, and Federal Levels
- State and Federal Registration Requirements
- State-Level Registration
- FDA and the Alcohol and Tobacco Tax and Trade Bureau (TTB)
- Overcoming Permitting/Licensing Issues
- How to Obtain Label Approval, Step by Step
- Distilled Spirits and Beer Labels - Requirements and Pitfalls
- Submission, Review and Approval
- How to Handle Appeals
- Land Use, Zoning, and Environmental Issues
- Considerations for Clients Doing Business in Multiple States
-
Federal and State Tax Reporting Requirements (Part 1)
- Craft Beverage Modernization and Tax Reform Act
- State Tax Requirements and Penalties
- State Tax Rates and Payments
- Refunds and Reporting
- TTB Audits - Common Errors and Penalties
- Critical Recordkeeping, Production, and Inventory Mistakes
- Frequent Mishaps: Tanks and Measuring Devices
- Conversion Factors in Calculating Barrel Equivalent Amounts
- Excise Tax Returns, Computation of Tax, and Determination Mistakes
- Brewer's Report of Operations (BROP) - Top Blunders and Tips
-
Federal and State Tax Reporting Requirements (Part 2)
-
Negotiating/Drafting Brewery and Distillery Contracts
- Distribution Agreements
- Contract Production Agreements
- Agreements With Suppliers
- Licensing Agreements
- Alternating Proprietorships
- Equipment, Retail, Production, and Distribution Space Leases
- Sample Agreements
-
Intellectual Property and Advertising
- Critical Considerations When Choosing Names
- Trademark Clearance, Filing, and Protection - Top Mistakes Made by Attorneys
- Trade Dress and Design Patent
- Alcoholic Beverage Copyright Filing, Registration, and Protection
- Trade Secrets in Brewery and Distillery Law - How, Why, and What to Protect
- Brewery and Distillery Confidentiality/Non-Disclosure Agreements
- Review Tips: Non-Compete Agreements
- Top Brewery and Distillery Advertising Mistakes - Social Media and More
-
Walking the Ethical Line
- Ethical Standards and Civil Liability
- The Role of the Attorney as Advisor in Entity Formation
- Avoiding Conflicts of Interest: Who is the Client?
- Confidentiality - Information Derived from an Earlier Representation
- Adequacy of Fees and Charges
- What Would You Do? Different Ethical Scenarios
Who Should Attend
This intermediate level online seminar is designed for:
- Attorneys
- Accountants
- Tax Preparers
- Brewery Owners/Operators
- Bankers/Loan Officers
- Paralegals
Speakers
Speaker bio
Tracy P. Jong
is an attorney with Evans & Fox LLP. She is registered to practice before the United States Patent and Trademark Office (Registration No. 56105), Western District and Southern District of New York (federal court), and New York State Bar Association. Ms. Jong practices in the areas of intellectual property and restaurant, winery and liquor law. She assists businesses in the licensing and renewal process, labeling and federal licensing issues, and representing them in violations/suspension cases before the State Liquor Authority. Ms. Jong is a member of the American, New York and Monroe County bar associations; Rochester Professional Consultants Group; Greater Rochester Area Women's Bar Association; and Rochester Intellectual Property Law Association. She earned her B.A. degree from the State University of New York at Buffalo and her J.D. degree from Touro College.
Speaker bio
Michael Martinez
is senior counsel to both the Hospitality, Alcohol and Leisure Industries Group and the Cannabis Law Group with Greenspoon Marder LLP. Since joining the firm Mr. Martinez has provided legal services to all tiers of the alcohol beverage industry, including retailers, suppliers and wholesalers. More broadly, in the course of representing clients before the Florida Department of Business and Professional Regulation (DBPR), the Food and Drug Administration, the Florida Departments of Health, Agriculture and Consumer Services, as well as the Department of Financial Services, he has handled licensing matters, the defense of administrative complaints, rule challenge hearings, Petitions for Declaratory Statements, Circuit Court appeals and compliance consulting. In addition, Mr. Martinez has been involved in cannabis and hemp related regulatory issues. In that capacity he has been asked to speak at industry conferences, provide training to a state regulatory body and has attended numerous medical marijuana legislative and rulemaking hearings. Prior to joining the firm in 2015 Mr. Martinez worked in the Florida state government for fifteen years at the Florida Department of Business and Professional Regulation. He held the positions of front-line Alcohol Beverage and Tobacco (ABT) prosecutor, Chief Attorney for ABT and for his last several years served as Deputy General Counsel over all the business divisions housed at DBPR. He provided daily legal guidance to the business divisions and consistently worked with the private bar and industry to develop unique and creative solutions to licensure issues, as well as the resolution of administrative actions and other regulatory matters. He routinely interacted with other Florida agencies such as the Department of Health and the Department of Agriculture in areas of overlapping regulation such as alcoholic beverage and hotel licensure, zoning issues and implementation of The Florida Clean Indoor Air Act in coordination with the Department of Health. While at DBPR, Mr. Martinez also had supervisory oversight for the legal guidance provided to the divisions of Drugs Devices and Cosmetics, Hotels and Restaurants, Florida Condominiums, Timeshares and Mobile homes, and Pari-mutuel Wagering. He was registered as a legislative lobbyist for DBPR for several years and worked closely with legislative committee staff on drafting legislation, constituent issues and interim projects. Mr. Martinez drafted administrative rules, chaired rule hearings, worked on implementation, testified at rule challenge hearings at the Division of Administrative Hearings and defended rule challenges on behalf of the State. Throughout his tenure at DBPR, he routinely interacted with the Governor's Office regarding litigation and policy matters. He earned his B.S. degree in Criminology from Florida State University and his J.D. degree from Florida State University College of Law. Mr. Martinez is admitted to practice in Florida.
Speaker bio
Brad Berkman
is a member of the Hospitality, Alcohol and Leisure Industry Group at Greenspoon Marder LLP. He concentrates on providing guidance to all tiers of the alcohol beverage industry, including suppliers, wholesalers and retailers. Mr. Berkman's principal expertise is providing counsel to upper-tier industry members on legal, regulatory, and operational concerns within the framework of federal and state(s) beverage alcohol laws and regulations. Areas of focus include complex Tied-House issues, contract negotiations, drafting and disputes, trade practice concerns, distribution matters, international trade of beverage alcohol and TTB and state alcohol beverage control issues. He has also advised third-party marketing companies, celebrity brand owners and influencers on many trade practice matters. Mr. Berkman is also versed in municipal zoning, permitting and licensing of vendors of alcohol (bars, restaurants and hotels). As an additional note, he grew up in the business and has deep ancestral roots in the trade. His great-grandmother was a pioneer in the field who was one of the first women to hold a liquor "salesman's" license in the State of New York. She parlayed that start into a large, female, and eventually family-owned beer distributorship that served the five boroughs of New York City for many decades. He earned his B.A. in international relations from American University, School of International Service, M.S. degree in forensic science from George Washington University and his J.D. degree from St. Thomas University of Law. Mr. Berkman is admitted to practice in Florida.
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