Brewery and Distillery Law 101 (2024 Edition)

Michael B. Newman
Michael B. Newman
Holland & Knight LLP

Michael B. Newman is a partner in Holland & Knight's San Francisco office and head of the firm's Alcohol Beverage Team.

Jason H. Barker
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.

On-Demand: May 30, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

This presentation will cover a broad range of legal and regulatory issues and requirements related to the beer and distilled spirits industry, including contract production agreements and alternating proprietorships, distribution agreements, third-party marketing agreements, federal and state regulatory issues and requirements, trademarks, advertising, social media, advertising, social media, and labeling.

Key topics to be discussed:

  • Relevant industry contracts (contract brewing/distilling agreements, third-party marketing agreements)
  • The three-tier system and tied-house laws and exceptions to it
  • State franchise protection laws and distribution agreements for beer and distilled spirits
  • Labeling, Advertising and Trademark basics

Closed-captioning available

Speakers

Michael B. Newman_myLawCLEMichael B. Newman | Holland & Knight LLP

Michael B. Newman is a partner in Holland & Knight’s San Francisco office and head of the firm’s Alcohol Beverage Team. Mr. Newman focuses 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. He 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.

Mr. Newman works with international importers, suppliers, exporters, domestic manufacturers, regional and local distributors, and retailers (including multi-state restaurant and hotel and convenience store and other off-premises chains) across the United States. He also has worked with national and statewide industry trade groups and associations, including the Wine Institute, the Wine and Spirits Wholesalers Association, and the California Wine and Spirits Wholesalers Association. Mr. Newman is an associate member of the National Conference of State Liquor Administrators, the Brewers Association, the Wine Institute, and the National Alcoholic Beverage Control Association. He currently serves on the Wine Institute’s Public Policy Committee. In addition, Mr. Newman lectures frequently on compliance and other alcohol beverage regulatory matters to clients, regulators, and other alcohol beverage industry members.

Mr. Newman and the firm’s Alcohol Beverage Team also advise the hospitality industry on a variety of matters, including: alcohol beverage licensing; alcohol beverage regulatory filings in connection with mergers and acquisitions; representation in administrative proceedings; and litigation/dispute resolution.

 

Jason H. Barker_myLawCLEJason 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. Mr. Barker has a deep industry knowledge involving owners, operators and investors within the alcohol beverage and cannabis industries. He represents clients located throughout the United States and who also operate internationally

Mr. Barker’s client engagements involve: complex merger, acquisition and joint venture representation 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) serving as outside general counsel to startup and emerging growth companies, including ongoing advice regarding corporate financing, governance, incubation, loss prevention and operational strategy U.S. representation of foreign breweries and wineries (advice regarding importation, distribution and licensing matters)advice to family office, private equity and hedge fund investors regarding threshold legalities and risks of cannabis investments and operations within cannabidiol (CBD) and recreational markets In addition, Mr. Barker is a visiting professor at the University of Miami School of Law and teaches courses regarding the regulation of alcoholic beverages and cannabis to upper level law students.

Agenda

I. Relevant industry contracts (contract brewing/distilling agreements, third-party marketing agreements) | 3:00pm – 3:30pm

II. The three-tier system and tied-house laws and exceptions to it | 3:30pm – 4:00pm

Break | 4:00pm – 4:10pm

III. State franchise protection laws and distribution agreements for beer and distilled spirits | 4:10pm – 4:40pm

IV. Labeling, Advertising and Trademark basics | 4:40pm – 5:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Approved for Self-Study Credits
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Approved for Self-Study Credits
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Approved for Self-Study Credits
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law and Legal

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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