Alcohol Industry Legal Risks & Rules

Michael B. Newman
Michael B. Newman
Holland & Knight LLP

Michael B. Newman is a partner in Holland & Knight’s San Francisco office and head of the firm’s Alcohol Beverage Team. Mr. Newman focuses on counseling alcohol beverage and hospitality industry clients on national and international regulatory, contract, legislative and licensing matters, advertising and promotional law, importation matters, trade practices, and inter-tier relations.

Jason H. Barker
Jason H. Barker
Holland & Knight LLP

Jason H. Barker is a Portland business attorney whose multidisciplinary practice involves complex corporate transactions and alcohol beverage regulatory matters. Mr. Barker has a deep industry knowledge involving owners, operators and investors within the alcohol beverage and cannabis industries.

Live Video-Broadcast: May 13, 2025

2 hour CLE

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Program Summary

As a continuation of our first program, Brewery and Distillery Law 101, we plan to expand into current events impacting the alcohol beverage industry. Following an opening into the basics of alcohol beverage regulation (for the benefit of those who did not intend last year, we will cover several current topics for beer, wine and distilled spirits and set for them in the agenda below. The basics of alcohol beverage regulation will cover the background for alcohol beverage regulation, the three tier system (including trade practices and advertising basics), the dual-part licensing and taxation scheme by the state and federal government, and control states versus open states. The current topics will then be discussed with the core tenants of traditional alcohol beverage regulation in mind.

This course is co-sponsored with myLawCLE. 

Key topics to be discussed:

  • Historical Regulatory Considerations, Prohibition And 21st Amendment
  • Three Tier System
  • Licensing and Taxation Model
  • Control States Vs Open States
  • E-Commerce and Alcohol: Fundamentals of DTC landscape
  • Cannabis-Infused Beverages: Market impact and considerations
  • Private Label Alcohol: Issue spotting for private label deals
  • Rise of Non-Alcoholic Beverages: Compliance considerations
  • Lawyer Opportunities: Commercial agreements and franchise law, M&A due diligence

Date / Time: May 13, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Michael B. Newman_FedBarMichael B. Newman | Holland & Knight LLP

Michael B. Newman is a partner in Holland & Knight’s San Francisco office and head of the firm’s Alcohol Beverage Team. Mr. Newman focuses on counseling alcohol beverage and hospitality industry clients on national and international regulatory, contract, legislative and licensing matters, advertising and promotional law, importation matters, trade practices, and inter-tier relations. He represents clients before the federal Alcohol & Tobacco Tax & Trade Bureau, the California Department of Alcoholic Beverage Control and State Board of Equalization, and other state alcohol beverage agencies throughout the United States.

Mr. Newman works with international importers, suppliers, exporters, domestic manufacturers, regional and local distributors, and retailers (including multi-state restaurant and hotel and convenience store and other off-premises chains) across the United States. He also has worked with national and statewide industry trade groups and associations, including the Wine Institute, the Wine and Spirits Wholesalers Association, and the California Wine and Spirits Wholesalers Association. Mr. Newman is an associate member of the National Conference of State Liquor Administrators, the Brewers Association, the Wine Institute, and the National Alcoholic Beverage Control Association. He currently serves on the Wine Institute’s Public Policy Committee. In addition, Mr. Newman lectures frequently on compliance and other alcohol beverage regulatory matters to clients, regulators, and other alcohol beverage industry members.

Mr. Newman and the firm’s Alcohol Beverage Team also advise the hospitality industry on a variety of matters, including: alcohol beverage licensing; alcohol beverage regulatory filings in connection with mergers and acquisitions; representation in administrative proceedings; and litigation/dispute resolution.

 

Jason H. Barker_FedBarJason H. Barker | Holland & Knight LLP

Jason H. Barker is a Portland business attorney whose multidisciplinary practice involves complex corporate transactions and alcohol beverage regulatory matters. Mr. Barker has a deep industry knowledge involving owners, operators and investors within the alcohol beverage and cannabis industries. He represents clients located throughout the United States and who also operate internationally.

Mr. Barker’s client engagements involve: complex merger, acquisition and joint venture representation alcohol beverage regulatory advice for craft breweries and distilleries, as well as national brand owners and wholesalers of wine and distilled spirits (including advice regarding advertising, beverage operations, equipment procurement and financing, franchise protection, licensing, pricing, trade practices and tied house matters) serving as outside general counsel to startup and emerging growth companies, including ongoing advice regarding corporate financing, governance, incubation, loss prevention and operational strategy U.S. representation of foreign breweries and wineries (advice regarding importation, distribution and licensing matters)advice to family office, private equity and hedge fund investors regarding threshold legalities and risks of cannabis investments and operations within cannabidiol (CBD) and recreational markets In addition, Mr. Barker is a visiting professor at the University of Miami School of Law and teaches courses regarding the regulation of alcoholic beverages and cannabis to upper level law students.

Agenda

I. Historical Regulatory Considerations, Prohibition and 21st Amendment | 1:00pm – 1:15pm

II. Three Tier System | 1:15pm – 1:30pm

III. Licensing and Taxation Model | 1:30pm – 1:45pm

IV. Control States Vs Open States | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

V. E-Commerce and Alcohol: Fundamentals of DTC landscape | 2:10pm – 2:22pm

VI. Cannabis-Infused Beverages: Market impact and considerations | 2:22pm – 2:34pm

VII. Private Label Alcohol: Issue spotting for private label deals | 2:34pm – 2:46pm

VIII. Rise of Non-Alcoholic Beverages: Compliance considerations | 2:46pm – 2:58pm

IX. Lawyer Opportunities: Commercial agreements and franchise law, M&A due diligence | 2:58pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Pending CLE Approval
2.5 General

Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for CLE Credits
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washignton via attorney submission.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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