Facilitation and negotiation of contracts with various industry stakeholders, including suppliers, vendors, alternating proprietors, distributors, customers, licensees, winemakers, landowners, tenants, custom crush clients, grape buyers, growers, consultants, and auction houses. This encompasses activities within the merger and acquisition context.
Streamlining the process and overcoming obstacles associated with permits and licenses issued by federal, state, and local governments. This includes navigating the requirements of regulatory bodies such as the Trade & Tobacco Bureau (TTB) and the California Department of Alcohol Beverage Control (ABC), as well as other states' liquor authorities. Particularly adept at addressing anomalies in business plans that may impact license issuance.
In the realm of mergers and acquisitions, our services are often enlisted by buyers seeking clarity amid the intricate landscape of regulatory processes. Specifically, buyers engage us to collaboratively work with and elucidate complex corporate structures to regulators. This intricate task requires us to proactively analyze extensive organizational trees on behalf of the applicant or buyer.
The necessity for this preemptive analysis arises from the regulators' legitimate concerns. They seek to ensure that no entity within the organizational tree is entangled in another tier of the alcoholic beverage community. This scrutiny is crucial as regulatory constraints, notably tied house laws, may come into play. These laws are designed to regulate and, in some cases, restrict the involvement of the applicant in situations where an entity within the organizational structure has operations that conflict with the interests of the applicant.
By delving into these organizational intricacies in advance, our aim is to navigate the regulatory landscape effectively, anticipating and addressing any potential conflicts that may arise. This proactive approach not only ensures compliance with applicable laws but also facilitates a smoother and more efficient regulatory approval process for our clients involved in mergers and acquisitions within the alcoholic beverage industry.
Protection and defense of licensees when faced with governmental audits or accusations, including threats of license suspension or revocation. Handling issues related to excise taxes, COLA approval, sales to minors, sales to inebriated customers, and providing free goods to customers.
Registration, protection, and litigation through the US Patent & Trademark Office for names, brands, and trade dress. Expertise in addressing infringement issues by competitors and counterfeiters. Drafting license agreements for third parties to use marks owned by trademark owners, such as producers, hotels, restaurants, and off-premise retailers.
4.1.6.1. Providing advice on the applicability of insurance coverage packages to unique business practices. Offering legal and financial strategies to protect clients, particularly in the dynamic and risk-prone wine industry.
Preparation of policies and procedures for event and auction management. Crafting contracts that emphasize obligations to protect sensitive agricultural areas and ensure compliance with regulations. Addressing risks related to counterfeit wine sales in auction contracts and opining on potential liabilities for collectors, sellers, and auction houses.
Representation in financial and operational aspects of mergers and acquisitions, collaborating with accountants, bankers, and business brokers. Offering due diligence services for potential and pending deals.
Prosecution, defense, and advisory services in civil and criminal lawsuits involving alcoholic products. This includes issues like counterfeit or tainted products, alleged crimes by industry members, personal injury, disorderly houses, wrongful death, and litigation of business matters such as contracts, collection, trademarks, employment, and three-tier distribution.
Education sessions for industry stakeholders, including suppliers, distributors, retailers (bars, restaurants, hotels), trade groups, students, and lawyers. Topics cover risks and responsibilities in beverage service, trade practices (sales procedures, contests, sponsorships, donations), and interstate/international shipping and distribution.