Wine, Beer & Spirits

WINE, BEER & SPIRITS

By understanding the complex legal and regulatory hurdles facing beer, wine and spirits producers, wholesalers and retailers, the attorneys at Hodgson Russ are trusted advisors to all sectors of the industry, from entrepreneurs and small craft brewers to large retailers and producers, family-owned start-ups and large corporations.

Our experienced, business-focused counsel has associated with brewing, distilled spirits and wine benefited breweries, distilleries and wineries including when addressing the challenges of formation, State and Federal Licensing Requirements and capitalization, financing, corporate governance, Response to Enforcement Actions distribution and franchising matters. From assisting the hops farmer and grape grower • Federal and State Tax, including property Hodgson Russ with land use and zoning issues to protecting tax, excise tax, and sales tax has extensive the intellectual property of brands and unique • Defense of Enforcement Actions experience providing packaging, navigating the licensing and labeling • Alleged failures in regulatory compliance, comprehensive, requirements to dealing with the labor and tax underage drinking, dram shop violations sophisticated advice to challenges of the producer, distributor and retailer and a range of other regulatory and judicial those in the beer, wine, at every step of the way, our lawyers help our forum proceedings and spirits industry clients succeed. Intellectual Property Issues While these industries are undergoing a strong growth period, long-term prosperity in the wine, • Clearance of brands for company and beer and spirits arena requires strategic business product names planning and a clear understanding of the • Protection of trademarks and trade dress regulatory and tax regimes. Just as important is (bottle designs and packaging) with the US having counsel that can provide solutions when Trademark Office and abroad state and federal compliance agencies make • Review and clearance of advertising copy and inquiries or commence enforcement actions, or can or bottle designs intellectual property rights are threatened. As one of the country’s top law firms with multiple • Consulting on product portfolios for offices in both the US and Canada, we have maximum protection of brands the breadth and depth to navigate the myriad • Enforcement of intellectual property rights of issues relating to the success of businesses against infringers

Attorney Advertising Prior results do not guarantee a similar outcome. contact • Defense of claims of trademark or copyright revocation of liquor licenses or suspension of the infringement from third parties sale of alcohol for certain time periods. Hodgson Christofer Fattey Compliance with Marketing Rules Russ attorneys have experience counseling 716.848.1757 restaurants and bars both in preventing violations [email protected] • E-commerce and Internet marketing of the Liquor Law and in dealing with the SLA • Interstate and international trade and when violations occur. professionals shipping Insurance Coverage Issues • Marketing and advertising compliance From Dram Shop Liability to Property Damage Attorneys • Franchise sponsorships and pouring rights to Farm Crop Insurance, proper insurance Reetuparna Dutta arrangements coverage is an essential element of the industry. George Eydt We advise manufacturers, importers, wholesalers Dispute resolution Christofer Fattey and retailers of liquor, wine and beer, including Amy Fitch Alcohol industry firms must frequently deal with hotels and resorts, restaurants, bars and clubs Kenneth Friedman the potential for litigation. Industry members and venues with concessionaire, liquor, catering and special event licenses on legal issues related Neil Friedman should face disputes with experienced counsel to insurance coverage. Our attorneys are adept at Terrence Gilbride on their team, from administrative forums to handling coverage disputes, including litigation arbitration to state and federal judicial actions. John Godwin when necessary. Charles Malcomb Hodgson Russ attorneys have successfully Ryan McGonigle mediated, arbitrated or litigated every type of • Capitalization and financing Andrew Oppenheimer dispute, including employee relations disputes, • Corporate formation and governance Adam W. Perry product liability, trademark and intellectual • Labor and employment, including Wage Daniel Spitzer property disputes, regulatory proceedings, and Hour Law, DOL, EEOC, and OSHA James Thoman distributorship disputes, general and liquor compliance liability, commercial real estate actions and general • Real estate transactions, including for commercial conflicts. production and retail facilities, as well as State Liquor Authority Enforcement vineyard leases and grape contracts The New York State Liquor Authority takes • Distribution Agreements seriously its mandate to inspect and investigate • Cross-Border Licenses and Taxes licensees – including via undercover “sting” • Real estate transactions, including for investigators. Liquor law violations by employees production and retail facilities, as well as can carry criminal charges for the employee and vineyard leases and grape contracts can be imputed to their employers, leading to SLA disciplinary proceedings for licensees. SLA • Distribution Agreements charges often carry serious penalties, including • Cross-Border Licenses and Taxes offices

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