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Live Seminar

Brewery and Distillery Law in Iowa

Seminar

Date:

Friday, June 23, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

75585ER

Location:

Holiday Inn Des Moines Downtown- Mercy Area
1050 6th Avenue
Des Moines, IA 50314

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IA CLE - 6.00

Program 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 legal program 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 substantially-compliant advertisements.
  • Understand the nuances of protecting the intellectual property of breweries and distilleries.

Who Should Attend

This basic-to-intermediate level program is designed for:

  • Attorneys
  • Accountants
  • Enrolled Agents
  • Tax Preparers
  • Brewery Owners/Operators
  • Bankers/Loan Officers
  • Paralegals

Course Content

  1. Brewery and Distillery Business Entity Selection, Formation, Finance and Insurance
  2. Licensing, Labeling and Regulatory Compliance
  3. Federal and State Tax Reporting Requirements
  4. Negotiating/Drafting Brewery and Distillery Contracts
  5. Intellectual Property and Advertising

Continuing Education Credit


Continuing Legal Education – CLE: 6.00

* denotes specialty credits

Agenda / Content Covered

  1. Brewery and Distillery Business Entity Selection, Formation, Finance and Insurance
    9:00 - 10:30, Nicholas O. Cooper and Danya Keller
    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. Licensing, Labeling and Regulatory Compliance
    10:45 - 12:15, Nicholas O. Cooper and Danya Keller
    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
  3. Federal and State Tax Reporting Requirements
    1:15 - 2:00, Jace T. Bisgard and Jonathan Landon
  4. Negotiating/Drafting Brewery and Distillery Contracts
    2:00 - 2:45, Jace T. Bisgard and Jared S. Adam
  5. Intellectual Property and Advertising
    3:00 - 4:30, Mallory Henninger and Dan Honz
    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

JARED S. ADAM is an attorney at Shuttleworth & Ingersoll PC, whose practice focuses on corporate governance, equity finance, business contracts, and estate planning. He is member of the Iowa State Bar Association and Linn County Bar Association. Mr. Adam earned his B.A degree from the University of Iowa; and his J.D. degree, with highest distinction, from the University of Iowa College of Law.

JACE T. BISGARD is an attorney and senior vice president with Shuttleworth & Ingersoll PC. His work focuses primarily in two distinct areas. The first area is litigation, where Mr. Bisgard is involved primarily in the areas of personal injury and insurance defense. He also does frequent work as a plaintiff’s personal injury attorney. Mr. Bisgard's second focus area is assisting clients with a wide variety of beer, wine and liquor licensing, compliance and regulation issues. His clients include a wide variety of both national and local restaurants, breweries, wineries, hotels and other businesses. Mr. Bisgard assists those clients with licensing and compliance matters at the federal, state and local levels. He is a member of the American Bar Association, Iowa State Bar Association (Young Lawyers Division, Bridge the Gap Committee-2007-present), Linn County Bar Association (Summer Outing Committee Member 2006-present), the AAIAC - Alliance of Alcohol Industry Attorneys and Consultants, and the NALCP - National Association of License Compliance Professionals. Mr. Bisgard earned his B.A. and J.D. degrees from the University of Iowa.

NICHOLAS O. COOPER is an attorney with Whitfield & Eddy, P.L.C. in Des Moines. He focuses in the areas of banking and liquor licensing. Mr. Cooper has extensive trial and appellate experience representing financial institutions throughout Iowa. He is a member of various professional organizations, such as the American Bar Association, Drake Law School Board of Counselors, Iowa State Bar Association, and the Polk County Bar Association. Mr. Cooper earned his B.B.A. degree from the University of Iowa; and his J.D. degree, with honors, from Drake University Law School.

MALLORY HENNINGER is a patent and trademark attorney with Advent, LLP, whose practice is focused in patent and trademark prosecution to assist clients in procurement, protection, and management of intellectual property rights. She works with clients in a variety of technical fields. Much of Ms. Henninger's practice is devoted to pharmaceuticals, biotechnology, medical devices, agricultural biotechnology, computer technologies, and mechanical arts. She earned her B.A. degree, her Pharm.D. degree, and her J.D. degree from Creighton University.

DAN HONZ is a patent attorney with Advent, LLP, whose practice focuses exclusively in the area of intellectual property, with specialization in patent prosecution to assist clients with management, procurement, and prosecution of IP matters for a diverse range of technologies. With a background in chemical engineering, he particularly devotes much of his practice to medical devices, materials delivery, materials sciences, industrial systems, quantitative chemical analysis systems, food sciences, and biological and biochemical systems. Mr. Honz earned his B.S. degree from the University of Nebraska-Lincoln, and his J.D. degree from the University of Nebraska-Lincoln College of Law.

DANYA KELLER is an attorney with Whitfield & Eddy, P.L.C. in Des Moines. She focuses in the litigation practice group where she works with clients on various civil litigation matters in areas including, but not limited to, labor and employment, insurance and ERISA. Ms. Keller is a member of various professional organizations, such as the American Bar Association, Iowa State Bar Association, Iowa Organization of Women Attorneys, Polk County Bar Association, as well as the Polk County Women Attorneys, and the Order of the Coif. She earned her B.A. degree from the University of Wisconsin - Madison; her M.A. degree from National-Louis University; and her J.D. degree, with highest honors, from Drake University Law School, where she was a Dwight D. Opperman Scholar and executive editor of the Drake Law Review.

JONATHAN LANDON is an attorney with the law firm Shuttleworth & Ingersoll PC, practicing primarily in the areas of tax and business law. Prior to joining Shuttleworth & Ingersoll PC, Mr. Landon served as a law clerk to the Honorable David Gustafson at the United States Tax Court in Washington, D.C. He earned his LL.M. degree, in taxation, from the University of Florida College of Law; and his J.D. degree, with high distinction, from the University of Iowa College of Law, where he was a contributing editor on the Iowa Law Review and a member of Order of the Coif.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Continuing Legal Education

IA CLE: 6.00
"Brewery and Distillery Law in Iowa" is an accredited program under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide a maximum of 6.0 hours of regular credit toward the mandatory continuing legal education requirements under the Iowa rule, including 0.0 hour of ethics credit.


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