Brewery and Distillery Law in Pennsylvania

presented by NBI, Inc.
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Course Description

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.

Agenda

All times are shown in Eastern time.

  1. Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance
    9:00 - 10:00, Nicholas A. Miller
    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. Intellectual Property and Advertising
    10:15 - 11:15, Nicholas A. Miller
    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
  3. Walking the Ethical Line
    11:15 - 12:15, Nicholas A. Miller
    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
  4. Licensing, Labeling, and Regulatory Compliance
    1:15 - 2:15, Cristopher C. Hoel
    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
  5. Federal and State Tax Reporting Requirements
    2:30 - 3:30, Cristopher C. Hoel
    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
  6. Negotiating/Drafting Brewery and Distillery Contracts
    3:30 - 4:30, Cristopher C. Hoel
    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

Who Should Attend

This intermediate level online seminar is designed for:

  • Attorneys
  • Brewery Owners/Operators
  • Bankers/Loan Officers
  • Paralegals

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Niche Business

Training Course Summary: Brewery and Distillery Law in Pennsylvania

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