Brewery and Distillery Law 101


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

This presentation will cover a broad range of issues related to the alcoholic beverage industry, including relevant contracts, such as contract brewing agreements, distribution agreements, and third party marketing agreements, regulatory issues, state-specific complications, trademark matters, and labeling issues.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Relevant industry contracts (contract brewing/distilling agreements, custom crush agreements, distribution agreements, third party marketing agreements, etc.)
•   The three tier system and exceptions to it
•   State franchise laws regarding distribution of alcoholic beverages
•   Trademark issues specific to the industry

Date / Time: July 9, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: November 5, 2019

Elliot Ginsburg, Esq. is a partner at Garner & Ginsburg, P.A. He developed the Hop Law practice to represent breweries, distilleries, and wineries in Minnesota and around the country. The lawyers at Hop Law work hard to make sure their clients get the guidance and services they need to open and operate successful businesses. The firm has successfully argued on behalf of clients with respect to regulatory, trademark, and employment matters. It has also helped clients sell and purchase businesses, and draft operating agreements, securities offerings, distribution agreements, and other necessary documents. The lawyers at Hop Law are passionate about the craft beverage industry and it shows in how they represent their clients in this industry.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Three-Tier System

Section II. Relevant Contracts
a) Contract Brewing/Distilling
b) Alternating Proprietorship
c) Custom Crush
d) Distribution Agreements
e) Import/Export Agreements
f) Third Party Marketing Agreements
g) Transitional Services Agreement
h) Other
        i. Leases
        ii. Co-existence Agreements
        iii. Work for hire

Section III. Employment Issues

Section IV. Direct Shipping

Section V. Distribution Laws/Regulations

Section VI. Labeling and Trademarks

Section VII. Dormant Commerce Clause

Section VIII. Licenses/Permits

Section IX. Taxation