Wine, Beer and Spirits Law 101

Agenda / Content Covered

All times are shown in Eastern time.

1. Entity Selection, Formation and Ownership
   10:00 - 11:00, Sarah B. Bennett
   1. Entity Selection in the Alcoholic Beverage Industry
   2. Tax and Operational Considerations
   3. Recordkeeping and Reporting Requirements
   4. Structural Considerations and Corporate Rules
   5. Overcoming Financing Challenges: Crowdfunding and More
   6. Insurance Concerns
2. Labeling and Regulatory Compliance
   11:15 - 12:15, Jeff C. O'Brien
   1. Regulatory Overview: The Three Tiers
   2. Federal, State and Local Registration Requirements
   3. Top Permitting and Licensing Challenges
   4. TTB Labeling Regulations
   5. Land Use, Zoning and Environmental Issues
3. Understanding Distribution and Sale: Key Concepts and Hot Topics
   12:15 - 12:45, Jeff C. O'Brien
4. Industry Contracts, Deal Points and Key Provisions
   1:15 - 2:15, Jeff C. O'Brien
   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. Additional Contracts and Agreements
5. Intellectual Property and Advertising Issues
   2:15 - 3:15, Emeric J. Dwyer
   1. Critical Considerations When Choosing Names
   2. Trademark Clearance, Filing and Protection
   3. Patenting Ideas and Inventions
   4. Securing Copyright Protection
   5. Protecting Trade Secrets
   6. Effective Use of NDAs and Non-Competes
6. Federal Tax Compliance Overview
   3:30 - 4:00, Jeff C. O'Brien
   1. Small BREW vs. BEER Act
   2. What to Expect During a TTB Audit
   3. Red Flags and Best Practices
7. Ethical Considerations
   4:00 - 5:00, Emeric J. Dwyer
   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

Accreditation Details:

SARAH B. BENNETT is a partner at Chestnut Cambronne PA and has a dynamic practice rooted in real estate. On the transactional side of her practice, she advises real estate brokers, management companies, homeowners associations, buyers and sellers of commercial and residential real estate, and business owners on a litany of matters from real estate to corporate formation to contracts. Ms. Bennett also represents small to mid-size business owners beginning with the initial formation of the entity throughout the life of the business. She also maintains a presence in the litigation side of the practice, including court appearances and motion practice, in both district and appellate courts. Ms. Bennett is an active alumna of William Mitchell College of Law where she serves as a mentor to first and second year law students. She is an active member of both the Minnesota State Bar Association and Hennepin County Bar Association. She received her B.A. degree from DePauw University and J.D. degree from William Mitchell College of Law. Ms. Bennett has been recognized as a "Minnesota Rising Star" by Super Lawyers magazine in the area of Real Estate Law in 2015-2017.

EMERIC J. DWYER is an attorney at Chestnut Cambronne PA and focuses his legal practice on conducting commercial transactions and litigation, real estate transactions and litigation, intellectual property protection, and serving as general counsel to a variety of businesses. He has significant experience forming small and medium-sized businesses, and completing business and real estate transactions. Mr. Dwyer also advises clients on a wide variety of matters that arise in the course of operating a business, including employment issues, trademark and intellectual property protection, and corporate governance. When disputes arise, he represents clients throughout the litigation process, including bringing matters to trial. Mr. Dwyer received his B.A. degree from Drake University and J.D. degree from Hamline University School of Law.

JEFF C. O'BRIEN is a partner with Chestnut Cambronne PA and serves as general counsel to a wide variety of small and closely held businesses as well as real estate investors and developers. He has significant experience working with craft breweries, distilleries, and wineries on an array of issues including entity formation, financing, real estate matters, intellectual property protection, operational issues, and distribution contracts. Mr. O'Brien's clients also include real estate agents, developers and investors, community banks, title companies, restaurant operators, manufacturing companies, franchised businesses, retired professional athletes, financial advisors, insurance agents, and consulting businesses. He is certified as a real property law specialist by the Minnesota State Bar Association. A frequent lecturer and writer, Mr. O’Brien has presented and written articles on a variety of business and real estate topics. He is a regular guest on several radio shows and podcasts. Mr. O’Brien has been listed as a Minnesota Super Lawyer every year since 2013. He received his B.S. degree, cum laude, from the University of St. Thomas and his J.D. degree, cum laude, from William Mitchell College of Law.