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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 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 complinace in the evolving three-tier system.
- 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
- Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance
- Licensing, Labeling, and Regulatory Compliance
- Alcohol Law in the U.S.: Overview, Trends, and Updates
- Negotiating/Drafting Brewery and Distillery Contracts
- Intellectual Property and Advertising
- Walking the Ethical Line
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Indiana CLE |
|
6 Total | 12-08-2026 |
| Indiana Paralegal CLE |
|
6 Total | 12-08-2026 |
Select Jurisdiction
CLE
Paralegal
Agenda
-
Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance
- LLC vs. Partnership vs. Corp
- Tax Considerations
- Operational Issues
- Documentation and State Filing Requirements
- Structuring, Management, and Governance
- Insurance Concerns
- Drafting and Negotiating Formation Agreements
- Crowdfunding and Other Financing Challenges
- Language for Employee Handbooks and Policies
-
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
-
Alcohol Law in the U.S.: Overview, Trends, and Updates
- From Pre-Prohibition to the Three-Tier System
- The "Control vs. Open" Distinction in State Regulation
- Recent Erosion of the Three-Tier System
- Changes in the Traditional Segmentation (Beer-Wine-Spirits) in Alcohol Regulation
-
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 and paralegals.
Speakers
Speaker bio
Kenan L. Farrell
is an attorney at KLF Legal in Indianapolis, where he advises clients in business and intellectual property matters, including copyright, trademark, trade secret, patent, and privacy issues. Mr. Farrell assists with international and domestic transactions, as well as litigation and litigation avoidance counsel in state and federal matters. He is admitted to practice in Indiana, Oregon, and the U.S. Patent and Trademark Office. Mr. Farrell earned his B.S. degree from Indiana University and his J.D. degree from Indiana University Robert H. McKinney School of Law.
Speaker bio
Jeff C. O'Brien
is a partner with Husch Blackwell LLP, and serves as general counsel to a wide variety of small and closely-held businesses as well as real estate investors and developers. He has significant experience working with craft breweries, distilleries and wineries on an array of issues including entity formation, financing and tax, real estate matters, intellectual property protection, operational issues, and distribution contracts. Mr. O'Brien's clients also include real estate agents, developers and investors, community banks, title companies, restaurant operators, manufacturing companies, franchised businesses, retired professional athletes, financial advisors, insurance agents, and consulting businesses. He is certified as a real property law specialist by the Minnesota State Bar Association. A frequent lecturer and writer, Mr. O'Brien has presented and written articles on a variety of business and real estate topics. He is a regular guest on several radio shows and podcasts. Mr. O'Brien earned his B.S. degree, cum laude, from the University of St. Thomas and his J.D. degree, cum laude, from William Mitchell College of Law.
Speaker bio
Marquis A. Ward
is an associate with the Milwaukee office of Husch Blackwell LLP. He focuses his practice on public policy, particularly within the realms of food, drugs, alcohol, and agriculture. Mr. Ward was drawn to law by his desire to combine his love for learning with his passion for helping others. As a law student, he earned a certificate in sports law, which opened his eyes to the significant impact of the legal system on various industries. Mr. Ward also served as a summer associate at Husch Blackwell, where he gained a wealth of knowledge in various areas such as commercial litigation and corporate law, which helped him find his niche. An in-house internship at a major beverage company gave him a unique perspective on client needs, particularly in terms of efficiency and timely problem-solving. Now a fully qualified attorney, Mr. Ward assists clients with the complex regulations and intricate challenges of the food, drug, alcohol, and agriculture sectors. He brings a positive outlook on learning, people, the legal profession and is known for his ability to understand and anticipate client needs. Clients see Mr. Ward as a trusted advisor who always has their back. He earned his B.A. degree from Central Connecticut State University and his J.D. degree from Marquette University Law School.
Speaker bio
Cristopher C. Hoel
is an attorney in Pittsburgh, Pennsylvania, from which he has focused his practice on alcohol beverage regulation for nearly four decades. A former three-term chair of the American Bar Association's Committee on Alcohol Beverage Practice, he has coordinated or participated in legal presentations for the National Conference of State Liquor Administrators, the National Beer Wholesalers Association, trade associations in more than 10 states, National Business Institute, Pennsylvania Bar Institute, Federal Bar Association, the American Bar Association, and CLE International. Mr. Hoel earned his undergraduate and law degrees from the University of Pittsburgh after working at newspapers in Pittsburgh and Austin.
Speaker bio
Carter Hoel
is a commercial litigator and business lawyer who represents a wide range of small to medium size businesses at OGC Law, LLC. His practice focuses on corporate and commercial issues such as business entity formation, maintenance, and counseling; negotiation and documentation of transactions; arbitration and mediation; and federal and state civil litigation. Mr. Hoel is a graduate of the University of Pittsburgh and of its School of Law.
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