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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
- Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance
- Licensing, Labeling, and Regulatory Compliance
- Federal and State Tax Reporting Requirements
- Negotiating/Drafting Brewery and Distillery Contracts
- Intellectual Property and Advertising
- Walking the Ethical Line
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New Jersey CLE |
|
7.2 Total | 12-10-2026 |
| New York CLE |
|
7 Total | 04-02-2029 |
| Pennsylvania CLE |
|
6 Total | 04-02-2028 |
| West Virginia CLE |
|
7.2 Total | 04-02-2028 |
Select Jurisdiction
CLE
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
-
Federal and State Tax Reporting Requirements
- 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
-
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
Aaron H. Weiss
is the director of the law firm of Zimmer Kunz, PLLC in Pittsburgh. He practices primarily in the areas of insurance defense and litigation, liquor liability litigation, construction litigation, tort litigation, and a variety of issues in federal court. Mr. Weiss has assisted with representation of both plaintiffs and defendants. He earned his B.A. degree from George Washington University and his J.D. degree from Duquesne University School of Law. Mr. Weiss is a member of the Federal Bar Association, chair of the Young Lawyer Division of the Western District of Pennsylvania, Defense Trial Counsel of West Virginia, associate member of the Brewers of Pennsylvania, American Bar Association, Pennsylvania Bar Association and the Allegheny County Bar Association.
Speaker bio
Benjamin P. Sheppard
is an associate with Eckert Seamans Cherin & Mellott, LLC, where he works on matters involving liquor law, cannabis law, and litigation. He handles a range of liquor law concerns, from distribution and contract production agreements to management and license agreements. In the rapidly evolving realm of cannabis law, Mr. Sheppard stands out for his deep insights into the intricate balance between state-specific and federal regulations governing both hemp and cannabis. His ability to navigate the nuances of the Pennsylvania industrial hemp research law makes him a valued advisor for individuals and businesses navigating this multifaceted law. Clients frequently turn to Mr. Sheppard for guidance in crafting drug testing policies and gaining clarity on the legal intricacies surrounding cannabis and hemp. He has advised both Pennsylvania and New Jersey individuals on their state's respective cannabis and hemp laws. Throughout his career, Mr. Sheppard has been involved in various aspects of the litigation process. Mr. Sheppard has drafted complex memorandums of law in both federal and state court, handled discovery requests, and handled trials from start to finish. Prior to joining Norris McLaughlin, Mr. Sheppard served as a judicial law clerk in the Northampton County Court of Common Pleas. He also worked for the Mid-Atlantic Innocence Project reviewing trial transcripts and drafting materials regarding the viability of innocence claims. Mr. Sheppard is a graduate of the George Washington University School of Law, where he was a member of the Public Contract Law Journal and was recognized with the GW Law Pro Bono Teal Award for completing over 50 hours of pro bono work during law school. He also graduated, summa cum laude, from the University of Pittsburgh with his B.A. degree in history and political science.
Speaker bio
Sharon D. Alexander
is the founder and managing attorney at the Law Office of Sharon D. Alexander. Ms. Alexander practices in the areas of employment law, human resources law, business immigration and also serves as general counsel for several businesses. She reviews, interprets and advises businesses on employment contracts, collective bargaining agreements, employment handbooks, policies, and procedures. Ms. Alexander also counsels clients on issues involving intellectual property, contracts and other business issues. She earned her bachelor's degree from the University of Maryland Baltimore County and her J.D. degree from Widener University School of Law.
Speaker bio
Jeff C. O'Brien
is a partner with Husch Blackwell, 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
Allison Cole
is an associate with the Minneapolis office of Husch Blackwell. While her practice is primarily devoted to trademarks and trademark portfolios, she also assists with copyrights and regularly drafts both trademark and copyright applications, as well as responses to office actions from the USPTO. Ms. Cole works closely with clients to develop customized strategies to build and protect portfolios both domestically and around the world, and she has collaborated with international counsel in Europe, Asia, Africa, and the South Pacific. In addition to overall trademark and copyright management, she also assists with occasional litigation and trademark and copyright infringement lawsuits. Ms. Cole represents clients in a wide range of industries, but is particularly experienced with breweries and medical device companies. In addition to large corporations, she has worked extensively with small businesses, startups, and emerging companies, usually working directly with business owners. Ms. Cole earned her B.A. degree from Oberlin College and her J.D. degree from University of St. Thomas School of Law.
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