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2025-05-13 14:00:00

2 Credits

Comprehensive overview of U.S. alcohol beverage regulation covering the three-tier system, licensing, e-commerce, cannabis beverages, and M&A considerations.

2025-05-13 14:00:00

Comprehensive overview of U.S. alcohol beverage regulation covering the three-tier system, licensing, e-commerce, cannabis beverages, and M&A considerations.

2025-05-13 14:00:00

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn about the three-tier system, licensing requirements, e-commerce developments, cannabis-infused beverages, private label considerations, and non-alcoholic beverage compliance.

What will you gain

Attorneys will gain practical knowledge for advising clients on alcohol beverage regulatory matters, M&A due diligence, franchise protection laws, and commercial agreements.

Three-Tier System
Suppliers, wholesalers, and retailers must remain separate to prevent vertical integration.
Licensing
Federal and state permits are required at each tier with background checks.
E-Commerce
46 states allow wineries to ship directly to consumers with proper licensing.
Cannabis Beverages
THC and CBD products face different federal and state regulatory frameworks.
Private Labels
Retailer-owned brands must flow through the three-tier system with licensing agreements.
Non-Alcoholic
Products under 0.5% ABV face different federal rules than malt beverages.

What will you learn

Attorneys will learn about the three-tier system, licensing requirements, e-commerce developments, cannabis-infused beverages, private label considerations, and non-alcoholic beverage compliance.

What will you gain

Attorneys will gain practical knowledge for advising clients on alcohol beverage regulatory matters, M&A due diligence, franchise protection laws, and commercial agreements.

Agenda

Session 1

Historical Regulatory Foundations: Prohibition and the 21st Amendment

Session 2

Understanding the Three-Tier System Structure and Purpose

Session 3

Federal and State Licensing and Taxation Requirements

Session 4

Control States Versus Open States Regulatory Models

Session 5

E-Commerce Fundamentals and Direct-to-Consumer Wine Shipping

Session 6

Cannabis-Infused Beverages: Legal Framework and Compliance

Session 7

Private Label Alcohol: Key Legal and Regulatory Issues

Session 8

Non-Alcoholic Beverages: Surprising Compliance Complexities

Session 9

M&A Due Diligence and Franchise Protection Laws

clock 2:00 pm - 2:15 pm EST

Historical Regulatory Foundations: Prohibition and the 21st Amendment

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Explore the forces that led to alcohol prohibition, including immigration, urbanization, and vertically integrated business models that contributed to overconsumption concerns. Understand how the 21st Amendment’s repeal established states as primary regulators and led to the Federal Alcohol Administration Act of 1935.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 2:15 pm - 2:30 pm EST

Understanding the Three-Tier System Structure and Purpose

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Examine the mandatory separation between suppliers, distributors, and retailers that emerged after prohibition’s repeal. Learn how this system was designed to prevent monopolies and promote temperance, and understand its implications for investors and ownership structures.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 2:30 pm - 2:45 pm EST

Federal and State Licensing and Taxation Requirements

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Navigate the complex federal permitting requirements through TTB, including basic permits for producers, importers, and wholesalers. Discover how state licensing often requires more extensive ownership investigations and the critical role of zoning and land use considerations.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 2:45 pm - 3:00 pm EST

Control States Versus Open States Regulatory Models

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Compare the control state model where states manage importation, distribution, and retail sales versus open states with private sector operations. Learn how approximately 18 control states currently operate and the practical implications for product margins and market entry.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 3:10 pm - 3:22 pm EST

E-Commerce Fundamentals and Direct-to-Consumer Wine Shipping

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Discover how 46 states now allow wineries to ship directly to consumers and the distinctions between interstate shipping and home delivery. Understand the role of third-party providers, marketplace facilitators, and the regulatory guidance that has emerged for e-commerce models.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 3:22 pm - 3:34 pm EST

Cannabis-Infused Beverages: Legal Framework and Compliance

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Differentiate between THC-infused beverages under adult use cannabis markets and CBD-infused beverages governed by the farm bill. Examine the critical compliance considerations around federal prohibition, interstate commerce limitations, and IRC Section 280E tax implications.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 3:34 pm - 3:46 pm EST

Private Label Alcohol: Key Legal and Regulatory Issues

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Navigate the complexities of private label deals where retailers license their brand identity to suppliers while products flow through the three-tier system. Address intellectual property protections, anti-discrimination laws, and state-specific prohibitions that impact private label arrangements.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 3:46 pm - 3:58 pm EST

Non-Alcoholic Beverages: Surprising Compliance Complexities

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Distinguish between non-alcoholic (under 0.5% ABV) and alcohol-free (0.0% ABV) products and their different regulatory treatments. Learn why malt beverages have no alcohol floor under federal law and how some states still regulate sub-0.5% products as alcohol beverages.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

clock 3:58 pm - 4:10 pm EST

M&A Due Diligence and Franchise Protection Laws

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Master franchise protection laws that require good cause for distributor termination and fair market value compensation across all 50 states for beer. Understand critical M&A considerations including license transferability, tied house violations, and alcohol-specific representations and warranties.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

01 09
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Michael B. Newman

Holland & Knight LLP

Jason H. Barker

Holland & Knight LLP

Michael B. Newman

Holland & Knight LLP

Michael B. Newman is a partner and head of the firm’s Alcohol Beverage Team, focusing on counseling alcohol beverage and hospitality industry clients on national and international regulatory, contract, legislative and licensing matters, advertising and promotional law, importation matters, trade practices, and inter-tier relations.

Professional Involvement

Associate member of the National Conference of State Liquor Administrators, the Brewers Association, the Wine Institute, and the National Alcoholic Beverage Control Association. Serves on the Wine Institute's Public Policy Committee. Has worked with national and statewide industry trade groups including the Wine Institute, the Wine and Spirits Wholesalers Association, and the California Wine and Spirits Wholesalers Association. Lectures frequently on compliance and other alcohol beverage regulatory matters.

Experience

Represents clients before the federal Alcohol & Tobacco Tax & Trade Bureau, the California Department of Alcoholic Beverage Control and State Board of Equalization, and other state alcohol beverage agencies throughout the United States. Works with international importers, suppliers, exporters, domestic manufacturers, regional and local distributors, and retailers across the United States. Advises the hospitality industry on alcohol beverage licensing, regulatory filings in connection with mergers and acquisitions, representation in administrative proceedings, and litigation/dispute resolution.

Michael B. Newman

Holland & Knight LLP

Michael B. Newman is a partner and head of the firm’s Alcohol Beverage Team, focusing on counseling alcohol beverage and hospitality industry clients on national and international regulatory, contract, legislative and licensing matters, advertising and promotional law, importation matters, trade practices, and inter-tier relations.

Professional Involvement

Associate member of the National Conference of State Liquor Administrators, the Brewers Association, the Wine Institute, and the National Alcoholic Beverage Control Association. Serves on the Wine Institute's Public Policy Committee. Has worked with national and statewide industry trade groups including the Wine Institute, the Wine and Spirits Wholesalers Association, and the California Wine and Spirits Wholesalers Association. Lectures frequently on compliance and other alcohol beverage regulatory matters.

Experience

Represents clients before the federal Alcohol & Tobacco Tax & Trade Bureau, the California Department of Alcoholic Beverage Control and State Board of Equalization, and other state alcohol beverage agencies throughout the United States. Works with international importers, suppliers, exporters, domestic manufacturers, regional and local distributors, and retailers across the United States. Advises the hospitality industry on alcohol beverage licensing, regulatory filings in connection with mergers and acquisitions, representation in administrative proceedings, and litigation/dispute resolution.

Jason H. Barker

Holland & Knight LLP

Jason H. Barker is a Portland business attorney whose multidisciplinary practice involves complex corporate transactions and alcohol beverage regulatory matters, with deep industry knowledge involving owners, operators and investors within the alcohol beverage and cannabis industries.

Professional Involvement

Visiting professor at the University of Miami School of Law, teaching courses regarding the regulation of alcoholic beverages and cannabis to upper level law students.

Experience

Handles complex merger, acquisition and joint venture representation. Provides alcohol beverage regulatory advice for craft breweries and distilleries, as well as national brand owners and wholesalers of wine and distilled spirits including advice regarding advertising, beverage operations, equipment procurement and financing, franchise protection, licensing, pricing, trade practices and tied house matters. Serves as outside general counsel to startup and emerging growth companies. Provides U.S. representation of foreign breweries and wineries regarding importation, distribution and licensing matters. Advises family office, private equity and hedge fund investors regarding cannabis investments and operations.

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Why Attend

Why this 
program matters

Understanding alcohol beverage regulation is critical for legal practitioners to navigate complex three-tier systems, multistate licensing, franchise laws, and emerging e-commerce and cannabis-infused product compliance.
$543B
Value of the U.S. alcoholic beverages market in 2024, reflecting the massive industry requiring specialized legal guidance. (Renub Research, 2025)
48
States now permit direct-to-consumer wine shipping from wineries, creating extensive multistate compliance obligations for producers. (Wine Spectator, 2025)
20+
States have enacted wine and spirits franchise protection laws governing supplier-distributor relationships and termination rights. (Wine Institute)
15%
Drop in direct-to-consumer wine shipment volume in 2025—the steepest decline since tracking began in 2010. (Sovos ShipCompliant/WineBusiness Analytics, 2026)

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