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 legal program 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 substantially-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.
- Brewery and Distillery Business Entity Selection, Formation and Insurance
9:00 - 9:45, Christopher Engel
- 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
- Federal and State Tax Reporting Requirements
9:45 - 10:45, Thomas R. Alvarez
- Small BREW vs. BEER 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
- Licensing, Labeling and Regulatory Compliance
11:00 - 11:45, N. Davey Neal
- Crowdfunding and Other Financing Challenges
- 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
- Employment Law for Brewers and Distillers
11:45 - 12:30, Michael P. Maxwell
- Classification of Employees
- Wage and Hour Laws
- Non-Solicitation and Non-Competition Agreements
- Background Checks
- Employee Compensation
- The ADA and FMLA
- Employee Handbook
- Termination and Severance Agreements
- Negotiating/Drafting Brewery and Distillery Contracts
1:30 - 2:15, N. Davey Neal
- 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
2:15 - 3:15, Kenan L. Farrell
- 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
3:30 - 4:30, N. Davey Neal
- 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
This basic-to-intermediate level program is designed for attorneys. It may also be of value to accountants, enrolled agents, tax preparers, brewery owners/operators, bankers/loan officers and paralegals.