Brewery and Distillery Law in Pennsylvania

Agenda / Content Covered

All times are shown in Eastern time.

1. Brewery and Distillery Business Entity Selection, Formation, Finance, and Insurance
   9:00 - 10:00, Alexander Grelli, Carter Hoel, Cristopher C. Hoel
   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, Cristopher C. Hoel and Steven Levy
   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, Carter Hoel
   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, Alexander Grelli and 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, Alexander Grelli and 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, Alexander Grelli and 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

Accreditation Details:

ALEXANDER GRELLI is a flavor monger with an affinity for operations. He leads production and operations at Wigle Whiskey Distillery | Threadbare Cider & Mead. His love of craft spirits and wines was the spark that inspired the Meyer Grelli family to start Wigle Whiskey Distillery and Threadbare Cider & Mead. Prior to co-founding these companies, Mr. Grelli was an attorney at Reed Smith and before that a jury research consultant. During his time in law school, he worked for a legal clinic that aided small businesses and budding entrepreneurs. Mr. Grelli has been named a James Beard Award Semi-Finalist and an Imbibe 75 Beverage Professionals to Watch. He received both is B.A. and J.D. degrees from the University of Chicago, where he met his wife and business partner.

CARTER HOEL is a commercial litigator and business lawyer who represents a wide range of small to medium size businesses at OGC Law. His practice focuses on corporate and commercial issues such as business entity formation, maintenance, and counseling; negotiation and documentation of transactions; arbitration and mediation; and federal and state civil litigation. Mr. Hoel is a graduate of the University of Pittsburgh and of its School of Law.

CRISTOPHER C. HOEL is an attorney with Hoel Law Office in Wexford, Pennsylvania, where he focuses his practice on business, litigation, communications and media, and franchising. Mr. Hoel earned his J.D. degree from the University of Pittsburgh.

STEVEN LEVY in his over 30 years of practice, Mr. Levy's experience in the field of intellectual property law has been quite broad including representation of a regional brewery based in Philadelphia. He has also been in-house intellectual property counsel to the Home Depot and Sony Corporation (Tokyo). Mr. Levy has handled tasks as varied as building an international portfolio of trademarks, copyrights and patents; negotiating and drafting sponsorship, licensing, and joint-venture agreements; enforcing and defending his clients' rights through negotiation and litigation; and creating and presenting many educational programs on intellectual property law. In recent years, he has developed a particular focus on trademark and copyright disputes involving internet domain names, social media content, and other online activity. Mr. Levy received his J.D. degree from Brooklyn Law School and his B.S. degree from SUNY at Buffalo, New York. He is a member of the bar in Pennsylvania, New York and the District of Columbia and serves on the Internet Committee of the International Trademark Association.