Food & Beverage Law

KY Specific

Live Online

Brewery and Distillery Law in Kentucky

Credits Available
Credit Status Total
Kentucky CLE Approved 6 Total
CPE for Accountants/NASBA Approved 8 Total
Live Online
6 hours
Ivey Workman
Peter Ostermiller
Jeff O
Allison Cole
With Ivey L. Workman from Rowland Workman, PLLC + 3 others

Mon, Jun 15, 00:00 AM – 00:00 PM

Product ID 101824

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$389

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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

  1. Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance
  2. Licensing, Labeling, and Regulatory Compliance
  3. Federal and State Tax Reporting Requirements
  4. Negotiating/Drafting Brewery and Distillery Contracts
  5. Intellectual Property and Advertising
  6. Walking the Ethical Line

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Related Topics

Product ID 101824

Credit Details

Credits Available
Credit Status Total
Kentucky CLE Approved 6 Total
CPE for Accountants/NASBA Approved 8 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance

    1. LLC vs. Partnership vs. Corp
    2. Tax Considerations
    3. Operational Issues
    4. Documentation and State Filing Requirements
    5. Structuring, Management, and Governance
    6. Insurance Concerns
    7. Drafting and Negotiating Formation Agreements
    8. Crowdfunding and Other Financing Challenges
    9. Language for Employee Handbooks and Policies

  2. Licensing, Labeling, and Regulatory Compliance

    1. The Regulatory Framework at the Local, State, and Federal Levels
    2. State and Federal Registration Requirements
      1. State-Level Registration
      2. FDA and the Alcohol and Tobacco Tax and Trade Bureau (TTB)
    3. Overcoming Permitting/Licensing Issues
    4. How to Obtain Label Approval, Step by Step
      1. Distilled Spirits and Beer Labels - Requirements and Pitfalls
      2. Submission, Review and Approval
      3. How to Handle Appeals
    5. Land Use, Zoning, and Environmental Issues
    6. Considerations for Clients Doing Business in Multiple States

  3. Federal and State Tax Reporting Requirements

    1. Craft Beverage Modernization and Tax Reform Act
    2. State Tax Requirements and Penalties
      1. State Tax Rates and Payments
      2. Refunds and Reporting
    3. TTB Audits - Common Errors and Penalties
      1. Critical Recordkeeping, Production, and Inventory Mistakes
      2. Frequent Mishaps: Tanks and Measuring Devices
      3. Conversion Factors in Calculating Barrel Equivalent Amounts
      4. Excise Tax Returns, Computation of Tax, and Determination Mistakes
      5. Brewer's Report of Operations (BROP) - Top Blunders and Tips

  4. Negotiating/Drafting Brewery and Distillery Contracts

    1. Distribution Agreements
    2. Contract Production Agreements
    3. Agreements With Suppliers
    4. Licensing Agreements
    5. Alternating Proprietorships
    6. Equipment, Retail, Production, and Distribution Space Leases
    7. Sample Agreements

  5. Intellectual Property and Advertising

    1. Critical Considerations When Choosing Names
    2. Trademark Clearance, Filing, and Protection - Top Mistakes Made by Attorneys
    3. Trade Dress and Design Patent
    4. Alcoholic Beverage Copyright Filing, Registration, and Protection
    5. Trade Secrets in Brewery and Distillery Law - How, Why, and What to Protect
    6. Brewery and Distillery Confidentiality/Non-Disclosure Agreements
    7. Review Tips: Non-Compete Agreements
    8. Top Brewery and Distillery Advertising Mistakes - Social Media and More

  6. Walking the Ethical Line

    1. Ethical Standards and Civil Liability
    2. The Role of the Attorney as Advisor in Entity Formation
    3. Avoiding Conflicts of Interest: Who is the Client?
    4. Confidentiality - Information Derived from an Earlier Representation
    5. Adequacy of Fees and Charges
    6. 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

Ivey L Workman
Ivey L.
Workman
Rowland Workman, PLLC
Peter L Ostermiller
Peter L.
Ostermiller
Peter L. Ostermiller, Attorney at Law
Jeff C O'Brien
Jeff C.
O'Brien
Husch Blackwell
Allison Cole
Allison
Cole
Husch Blackwell
Speaker bio
Ivey L Workman

Ivey L. Workman

Rowland Workman, PLLC
Ivey Workman

is an attorney with Rowland Workman, PLLC that represents businesses in Kentucky and Florida, focusing much of her practice on the alcoholic beverage industry. Prior to starting Rowland Workman, PLLC, she was in private practice focusing on civil litigation and transactions for equine, construction, alcoholic beverages, and general business matters. For her clients in the alcoholic beverage industry, Ms. Workman assists with choosing the appropriate licensure path and obtaining approvals from all relevant agencies. She counsels her licensed clients on regulatory compliance, contracts, advertising, and trade practice matters. Ms. Workman also handles a variety of transactions including acquisitions, license transfers, vendor agreements, contract distilling and bottling, and other vendor/supplier matters. She graduated from University of South Florida in 2009 and has prior experience in human resources and the mortgage industry. Ms. Workman moved to Kentucky to attend the University of Kentucky College of Law. She and her husband Matt are animal lovers with a family of dogs and cats. Ms. Workman enjoys spending time with her close-knit family and animals, appreciating bourbon and birdwatching.

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Speaker bio
Peter L Ostermiller

Peter L. Ostermiller

Peter L. Ostermiller, Attorney at Law
Peter Ostermiller

is a sole practitioner concentrating in legal ethics and professional responsibility matters. In 1980 he obtained his license to practice law in Kentucky. His legal ethics and professional responsibility law practice began in the mid -1980s and, since the mid-1990s has been his practice concentration. He represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. Mr. Ostermiller has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney. He has represented parties in attorney disqualification proceedings and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He also serves as an expert witness at the state and federal level regarding legal ethics and professional responsibility matters. Mr. Ostermiller is a member of the Kentucky Bar Association, Louisville Bar Association and Association of Professional Responsibility Lawyers. Mr. Ostermiller earned his B.A. and J.D. degrees from the University of Louisville.

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Speaker bio
Jeff C O'Brien

Jeff C. O'Brien

Husch Blackwell
Jeff 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.

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Speaker bio
Allison Cole

Allison Cole

Husch Blackwell
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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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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