Brewery and Distillery Law 101 (2024 Edition)

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. 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 | 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.

I. Relevant industry contracts (contract brewing/distilling agreements, third-party marketing agreements) | 3:00pm – 3:30pm

II. The three-tier system and tied-house laws and exceptions to it | 3:30pm – 4:00pm

Break | 4:00pm – 4:10pm

III. State franchise protection laws and distribution agreements for beer and distilled spirits | 4:10pm – 4:40pm

IV. Labeling, Advertising and Trademark basics | 4:40pm – 5:10pm