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Live Seminar

Brewery and Distillery Law in Indiana

Seminar

Date:

Friday, June 16, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

75588ER

Location:

Capital Conference Center
201 North Illinois Street, Suite 200
Indianapolis, IN 46204

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IN CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

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.
  • Anticipate and learn how to appropriately manage the different ethical situations that can arise.

Who Should Attend

This basic-to-intermediate level program is designed for attorneys. It may also be of value to accountants, enrolled agents, tax preparers, brewery owners/operators, bankers/loan officers and paralegals.

Course Content

  1. Brewery and Distillery Business Entity Selection, Formation, Finance and Insurance
  2. Federal and State Tax Reporting Requirements
  3. Licensing, Labeling and Regulatory Compliance
  4. Employment Law for Brewers and Distillers
  5. Negotiating/Drafting Brewery and Distillery Contracts
  6. Intellectual Property and Advertising
  7. Walking the Ethical Line

Continuing Education Credit


Continuing Legal Education – CLE: 6.00 *

National Association of State Boards of Accountancy – CPE for Accountants: 7.00 *

* denotes specialty credits

Agenda / Content Covered

  1. Brewery and Distillery Business Entity Selection, Formation and Insurance
    9:00 - 9:45, Christopher Engel
    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
  2. Federal and State Tax Reporting Requirements
    9:45 - 10:45, Thomas R. Alvarez
    1. Small BREW vs. BEER 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
  3. Licensing, Labeling and Regulatory Compliance
    11:00 - 11:45, N. Davey Neal
    1. Crowdfunding and Other Financing Challenges
    2. The Regulatory Framework at the Local, State and Federal Levels
    3. State and Federal Registration Requirements
      1. State-Level Registration
      2. FDA and the Alcohol and Tobacco Tax and Trade Bureau (TTB)
    4. Overcoming Permitting/Licensing Issues
    5. 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
    6. Land Use, Zoning and Environmental Issues
    7. Considerations for Clients Doing Business in Multiple States
  4. Employment Law for Brewers and Distillers
    11:45 - 12:30, Michael P. Maxwell
    1. Classification of Employees
    2. Wage and Hour Laws
    3. Non-Solicitation and Non-Competition Agreements
    4. Background Checks
    5. Employee Compensation
    6. The ADA and FMLA
    7. Employee Handbook
    8. Termination and Severance Agreements
  5. Negotiating/Drafting Brewery and Distillery Contracts
    1:30 - 2:15, N. Davey Neal
    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
  6. Intellectual Property and Advertising
    2:15 - 3:15, Kenan L. Farrell
    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
  7. Walking the Ethical Line
    3:30 - 4:30, N. Davey Neal
    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

THOMAS R. ALVAREZ serves as a senior manager in BGBC Partners, LLP's tax services department. His experience includes several years as a senior tax manager in the Los Angeles office of a Big 4 accounting firm, where his clients included high-profile entertainment individuals; Fortune 500 manufacturing, retailing and distribution companies; and clients with extensive international tax issues, including frequent travel to foreign countries to instruct and update the local tax personnel on U.S. tax laws. Mr. Alvarez also has worked in the industry as a tax director for an international conglomerate and as a senior tax advisor for a multinational Fortune 100 company. He has extensive experience representing his clients before the IRS and state and local taxing authorities, and has frequently spoken on tax panels for various industry groups. Mr. Alvarez has been published in leading tax journals. He earned his master's degree from the University of Southern California.

CHRISTOPHER ENGEL is an attorney with Clark, Quinn, Moses, Scott & Grahn, LLP, where he focuses on business and commercial services, real estate law, civil litigation, as well as estate planning and probate. Mr. Engel is admitted to practice in the state of Indiana as well as the U.S. District Court, Southern District of Indiana. He is a member of the Business Law Section and Young Lawyers Division of the Indianapolis Bar Association. Mr. Engel graduated from Indiana University in 2008 with a B.S. degree in finance, with distinction, from the Kelley School of Business and a B.A. degree in political science, with high distinction. He is a recent graduate of the Indiana University Robert H. McKinney School of Law where he was the executive managing editor of the Indiana International & Comparative Law Review and participated in pro-bono work with the IRS Volunteer Income Tax Assistance (VITA) Program. During law school, Mr. Engel gained legal work experience by interning with the Office of Assistant Chief Counsel for U.S. Customs and Border Protection, the Indiana Board of Tax Review, and the law school's Civil Practice Clinic.

KENAN L. FARRELL is an attorney at KLF Legal in Indianapolis, where he advises clients in business and intellectual property matters, including copyright, trademark, trade secret, patent, and privacy issues. Mr. Farrell assists with international and domestic transactions, as well as litigation and litigation avoidance counsel in state and federal matters. He is admitted to practice in Indiana, Oregon, and the U.S. Patent and Trademark Office. Mr. Farrell earned his B.S. degree from Indiana University and his J.D. degree from Indiana University Robert H. McKinney School of Law.

MICHAEL P. MAXWELL is a partner with Clark, Quinn, Moses, Scott & Grahn, LLP, where he focuses on employment law, business litigation, governmental services and hospitality law. He is admitted to practice in Indiana, including the U.S. District Courts for the Southern and Northern Districts. Mr. Maxwell has a law degree from Indiana University School of Law, Indianapolis, as well as a Ph.D. degree, in philosophy, from Boston College. While in law school, he was a note and development editor for the Indiana Law Review. In his practice, Mr. Maxwell represents many small and medium size businesses on employment law matters, including wage and hour issues, ADA and FMLA compliance, employee non-competition agreements, employee hiring and termination, and employer trade secret protection.

N. DAVEY NEAL is a partner with Clark, Quinn, Moses, Scott & Grahn, LLP, where he manages the government affair's practice group, Clark Quinn Public Affairs. In addition, he also focuses his legal practice on hospitality law/alcoholic beverage law, business and commercial sales, as well as governmental services. Prior to serving as deputy secretary of state, Mr. Neal was appointed executive secretary of the Alcohol and Tobacco Commission (ATC) by Governor Mitch Daniels. He served as hearing judge on numerous ATC matters and advised the Commission and the Indiana State Excise Police on all licensure, regulatory, and enforcement matters. Mr. Neal was the ATC's liaison to the Indiana General Assembly. Mr. Neal earned his undergraduate degree from Wabash College in 2001 and graduated from the Indiana University McKinney School of Law and the Indiana University Kelley School of Business after completing a joint JD/MBA program in 2011.

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

IN CLE: 6.00 Including - Ethics: 1.00
This course has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 6.0 hours of CLE credit, which includes 1.0 hour of ethics. Newly admitted attorneys may receive 6.0 hours of new attorney CLE.



National Association of State Boards of Accountancy

N NAS: 7.00 Including - Business Law: 5.00, Regulatory Ethics: 1.00, Taxation: 1.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of the complexity of business transactions and regulations that are ever-present obstacles to start-ups and established breweries alike. Upon completion of this course, attendees should be able to: 1. State which business entity best fits a brewery or distillery client’s needs. 2. Describe the biggest federal brewery and distillery regulatory compliance oversights. 3. List brewery and distillery labeling and registration issues. 4. Identify key provisions for various brewery and distillery contracts/agreements. 5. Describe ways to protect a brewery or distillery client’s intellectual property. 6. Define two ethical considerations for entity formation or brewery and distillery law. Field(s) of Study -- Business Law; Regulatory Ethics; Taxation.

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