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Brewery and Distillery Law in New York City

presented by NBI, Inc.
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Brewery and Distillery Law in New York City

Workshop Description/Agenda

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.


  1. Brewery and Distillery Business Entity Selection, Formation, Finance and Insurance
    9:00 - 10:00, Rick S. Geiger
    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
    10:00 - 11:00, Alexandra B. Becker
    1. Licensing
      1. Constitutional Components
      2. Regulatory Framework at the Local, State and Federal Levels
      3. Types of License, Permits and Requirements
    2. Labeling
      1. State and Federal Registration Requirements
        1. Federal approval - TTB and COLA
        2. State Level Registrations
    3. Regulatory Compliance
      1. Restrictions on Beverages: Sales, Distributors, etc.
      2. Promotions and Special Events
      3. Price Posting
  3. Federal and State Tax Reporting Requirements
    11:15 - 12:15, Anthony G. Sandonato
    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
  4. Negotiating/Drafting Brewery and Distillery Contracts
    1:15 - 2:15, Douglas J. Gorman
    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
  5. Intellectual Property and Advertising
    2:15 - 3:15, Hayden R. Brainard Jr.
    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
  6. Walking the Ethical Line
    3:30 - 4:30, Stewart L. Weisman
    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

Who Should Attend

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

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

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > General Law

Training Course Summary: Brewery and Distillery Law in New York City

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