Brewery and Distillery Law in Pennsylvania

Agenda / Content Covered

1. Unique Legal Issues in an Intensely Regulated Industry
   9:00 - 9:20, Cristopher C. Hoel, Alexander Grelli
   1. Historical Background: Alcohol and Society
   2. Prohibition and its Wake: Modern Regulatory Systems
   3. Federal, State, Local Regulation
   4. Recent Erosion Of Three-Tier System, Product Differentiation
2. Standard Legal Issues in a Unique Industry
   9:20 - 10:00, Cristopher C. Hoel, Carter Hoel
   1. Entity Selection and Business Model
   2. Licensure Considerations At Inception
   3. Financing Issues (Structure, Disclosures, Tracing)
   4. Personnel Issues (Eligibility, Disclosures)
   5. Insurance and Liability Issues
3. Licensing and Regulatory Compliance
   10:00 - 11:15, Cristopher C. Hoel, Alexander Grelli
   1. Federal, State, Local Licensure
   2. Registrations (Brands, Wholesalers, Labels)
   3. Interstate Operations
   4. Recorded and Performed Music
   5. Health Code Compliance
   6. Additional Permits (Exposition, Catering, Secondary Facility)
   7. Alternating Proprietorships, Contracted Production, Collaborations
4. Intellectual Property and Advertising
   11:30 - 12:15, Steven Levy, Cristopher C. Hoel
   1. Name(s) Selection, Monitoring, Protection
   2. Trademark Investigation, Registration, Maintenance, Protection
   3. Trade Secrets
   4. Confidentiality, Non-Disclosure, Non-Competition Agreements
   5. Specific Advertising Issues (Industry Codes, Consent Decree)
5. Walking The Ethical Line
   1:15 - 2:15, Carter Hoel, Cristopher C. Hoel
   1. Engagement Letter
   2. The Role of the Attorney in Entity Formation
   3. Conflicts of Interest: Who is the Client (Now and Later)
   4. Attorney Competence in Specialized, Predictable Contexts
   5. Predictable Issues as Client Business Progresses
6. Brewery and Distillery Taxation
   2:15 - 3:00, Cristopher C. Hoel, Alexander Grelli
   1. Federal Taxation
   2. State Taxation
   3. Local Taxation (Poured Drink Tax, Sales Tax)
   4. Conversions (Barrels, Gallons, Units, Case-Equivalents)
7. Distribution and Retailing
   3:15 - 3:55, Cristopher C. Hoel, Alexander Grelli
   1. The Three-Tier System for Beer
   2. The State Store System for Spirits
   3. Recent Leaks in the Three-Tier System
   4. Wholesaler Relationship Statute
   5. Wholesaler Selection, Appointment, Management
   6. Appointment Agreements
   7. Distribution Agreements
   8. Distributor Transfers, Terminations
8. Fermentation and Litigation
   3:55 - 4:30, Aaron H. Weiss

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 has also spoken on brewery and distillery taxation issues in the past. He earned both his B.A. and J.D. degrees from the University of Chicago, where he met his wife and business partner.

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.  He has also spoken on brewery and distillery taxation issues in the past. Mr. Hoel earned his J.D. degree from the University of Pittsburgh.

Carter Hoel is a commercial litigator and business lawyer who represents a wide range of small to medium size businesses at OGC Law, LLC. 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.

Steven Levy has been in practice for over 30 years. 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.

Aaron H. Weiss is the director of the law firm of Zimmer Kunz, PLLC in Pittsburgh. Mr. Weiss practices primarily in the areas of insurance defense and litigation, liquor liability litigation, construction litigation, tort litigation, and a variety of issues in federal court. He has assisted with representation of both plaintiffs and defendants. Mr. Weiss earned his B.A. degree from George Washington University and his J.D. degree from Duquesne University School of Law. He is a member of the Federal Bar Association, is the chair of the Young Lawyer Division of the Western District of Pennsylvania, the Defense Trial Counsel of West Virginia, an associate member of the Brewers of Pennsylvania, the American Bar Association, the Pennsylvania Bar Association and the Allegheny County Bar Association.