Food & Beverage Law

PA Specific

4.55

Brewery and Distillery Law in Pennsylvania

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 53 minutes
Aaron Weiss
James Yoakum
Francis Sullivan
Alexander Grelli
Delia Bouwers Bianchin
With Aaron H. Weiss from Zimmer Kunz, PLLC + 4 others
Recorded April 18, 2024
Product ID 98174

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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
Product ID 98174

Credit Details

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

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

Aaron H Weiss
Aaron H.
Weiss
Zimmer Kunz, PLLC
James Yoakum
James
Yoakum
Kleinbard LLC
Francis J Sullivan
Francis J.
Sullivan
Hill Wallack LLP
Alexander Grelli
Alexander
Grelli
Chapman Associates
Delia Bouwers Bianchin
Delia
Bouwers Bianchin
Outside Virtual Counsel, LLC
Speaker bio
Aaron H Weiss

Aaron H. Weiss

Zimmer Kunz, PLLC
Aaron 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
James Yoakum

James Yoakum

Kleinbard LLC
James Yoakum

is an attorney with Kleinbard LLC where he has experience in commercial real estate law and real estate finance, and has represented clients in executing billions of dollars' worth of complex commercial mortgage financings, mortgaged-backed securitizations and real estate-backed financing and repurchase facilities. Prior to becoming an attorney, Mr. Yoakum worked as a real estate sales and leasing agent in Philadelphia and then founded and ran a craft distillery based in Camden, New Jersey. He brings his hard-won practical business experience and deep knowledge of the real estate and beverage alcohol industries to bear on every transaction in which he is involved. Mr. Yoakum earned his B.S.E. degree, magna cum laude, from the University of Pennsylvania, Wharton School of Business and his J.D. degree, cum laude, from Temple University Beasley School of Law. He is a member of the Pennsylvania Bar Association and the Wharton Club of Philadelphia. Mr. Yoakum is admitted to practice in Pennsylvania.

Speaker bio
Francis J Sullivan

Francis J. Sullivan

Hill Wallack LLP
Francis Sullivan

is currently Senior Counsel and former Partner at the law firm of Hill Wallack, LLP where he is the Chair of the Business and Commercial and Trust and Estate practice groups. Mr. Sullivan concentrates his practice in the representation of corporate entities and partnerships, the buying and selling of businesses and associated real estate, tax and regulatory issues as well as obtaining and structuring financing to further his client's needs, growth and development. Mr. Sullivan frequent advisor on the documentation of the relationship between and among the business entity and its owners through the use of Operating Agreements, Partnership and Shareholder Agreements, covering buy/sell issues, retirement, and succession planning. As an active member in the legal profession and his community for over 40 years, he is a Past President of the Bucks County Bar Association and is a current Trustee of the Charitable Foundation of the Bucks County Bar Association; a lifetime Fellow of the Pennsylvania Bar Foundation and a current hearing committee member of the Pennsylvania Disciplinary Board. Mr. Sullivan is an active member of the boards of numerous non-profits, he is also a former Chapter 7 Trustee for the United State Bankruptcy Court for the Eastern District of Pennsylvania and a member of the Inns of Court of Bucks County. Mr. Sullivan holds a Master's Degree in Taxation from the Villanova University School of Law and a Certificate in Estate Planning from the Temple University Graduate Tax Division.

Speaker bio
Alexander Grelli

Alexander Grelli

Chapman Associates
Alexander Grelli

serves as a Certified Merger & Acquisition Advisor to middle market companies as a Managing Director with Chapman Associates. Mr. Grelli Grelli was a corporate attorney and entrepreneur prior to joining Chapman. Over the course of 12 years, he founded and operated two family-run alcohol beverage manufacturing and distribution companies with his wife. As a Certified Merger & Acquisition Advisor, Mr. Grelli understands the perspective of buyers and sellers and can help navigate the financial and emotional aspects of the transaction process. Mr. Grelli co-led his family companies’ growth to a successful exit, with Chapman serving as their Advisor, and navigated the transition to new ownership. Mr. Grelli worked in the Corporate and Investment Management Group at Reed Smith LLP. There, he counseled investment advisors and investment companies on their regulatory, compliance, and governance needs related to debt, equity and commodity offerings and investments. He has also served as a consulting adviser to several privately held companies, projecting growth, analyzing profitability, optimizing operations and sourcing inputs. He has navigated highly regulated industries, successfully lobbied for regulatory change that significantly altered an industry landscape, and managed complex USDA organic certifications and related supply chain constraints. He has led real estate investments and developments and invests in startup companies. Mr. Grelli earned both his Bachelors and JD in Law from the University of Chicago. He worked for the Institute for Justice Clinic, serving the legal needs of entrepreneurs and business owners in the Chicago community. Mr. Grelli and his family live in Pittsburgh, Pennsylvania and enjoy traveling, as well as vacationing in Deep Creek Lake, Maryland. Mr. Grelli enjoys cycling, tennis, squash, cooking and baking.

Speaker bio
Delia Bouwers Bianchin

Delia Bouwers Bianchin

Outside Virtual Counsel, LLC
Delia Bouwers Bianchin

is a seasoned business attorney and currently serves as managing partner at Outside Virtual Counsel, LLC. She focuses her practice on corporate, commercial, employment, intellectual property and commercial litigation matters. Ms. Bianchin has over two decades of high level experience practicing law. For the first decade of her career, she focused in complex commercial litigation at two large prominent law firms in Pittsburgh, and then spent ten years as in-house counsel for a diversified contract manufacturing company and for a dynamic start-up. In those first ten years of practice, Ms. Bianchin practiced complex commercial litigation at  both K&L Gates (formerly Kirkpatrick & Lockhart LLP) and Eckert Seamans Cherin & Mellott LLC. She then joined Penn United Technologies, Inc., and for ten years held the position of general counsel for the diversified, international precision tool and die manufacturing company based in Cabot, Pennsylvania. More recently, Ms. Bianchin has developed a boutique practice, focused on providing outside general counsel legal services to small and medium-sized businesses in western Pennsylvania and across the country. She earned her B.A. degree in English from Calvin College and her J.D. degree from the University of Pittsburgh School of Law; where she simultaneously served as the editor-in-chief of the Journal of Law and Commerce and research editor for the University of Pittsburgh Law Review. Ms. Bianchin is actively involved in community affairs, serving on various organizational and non-profit charitable boards and as a volunteer. She is a member of the Butler County, Allegheny County and Pennsylvania bar associations.

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In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
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.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
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While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

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