Effective January 1, 2024, North Carolina law will require any bar that prepares or serves food requiring temperature and time control (TCS foods) to obtain a Food Service Establishment (FSE) permit from the county health...more
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) took full effect. The INFORM Act aims to add more transparency to online transactions and to prevent...more
On June 2, 2022, the Supreme Court of the State of New York issued an Order to Show Cause and Temporary Restraining Order (collectively, the Order) that authorized the plaintiff's counsel to serve a copy of the Order and...more
On January 3, 2009, the pseudonymous “Satoshi Nakamoto” mined the first bitcoin. In the years following bitcoin’s creation, the price of a single bitcoin has increased exponentially, from essentially zero to an all-time high...more
This article summarizes the current status of permitted operations for hospitality businesses, with an emphasis on manufacturers and retailers of alcoholic beverages. The restrictions and interpreting guidelines may change,...more
SBA LOANS -
PAYCHECK PROTECTION PROGRAM - SBA LOAN PROGRAM -
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act has passed the Senate, the House, and has been signed into law by the President on March 27,...more
The recent outbreak of COVID-19 (Coronavirus) has significantly affected most businesses and individuals at an unprecedented level. As a result of the global pandemic, supply chains have been disrupted and many businesses...more
WHAT IS, AND IS NOT, ADVERTISING?
At the outset it is important to understand what is, and is not, considered to be advertising or an advertisement under U.S. law. Generally speaking, as applied to any product, be it beer,...more
1/29/2020
/ Advertising ,
Beverage Manufacturers ,
Commerce Clause ,
Commercial Speech ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
First Amendment ,
Labeling ,
Marketing ,
Popular ,
Product Labels ,
Tennessee Wine & Spirits Retailers Association v Thomas ,
TTB ,
Twenty-First Amendment ,
Wine & Alcohol
With the recent passage of Senate Bill 290 (codified as Session Law 2019-182), North Carolina officially welcomed dogs, cats, and other pets back into brewery taprooms, provided that the brewery does not prepare food on-site...more
Thus far 2019 has brought about truly monumental changes to many of our state’s alcoholic beverages laws, most notably those pertaining to breweries and distilleries. This article summarizes those changes. ...more
8/5/2019
/ Alcohol Beverage Control ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Colleges ,
Distilleries ,
Distributors ,
New Legislation ,
Permits ,
Product Labels ,
Retailers ,
Spectator Sports ,
Universities ,
Wine & Alcohol
In Cogdill v. Sylva Supply Company, Inc., filed May 7, 2019, the North Carolina Court of Appeals held in a split decision and as a matter of first impression that a right of first refusal contained in a written lease...more
As anyone who follows closely (or even casually) the Craft Freedom initiative likely knows by now, two of the state’s largest breweries (NoDa Brewing Company and The Old Mecklenburg Brewery) appear to have compromised and...more
Is a personal guaranty a separate agreement from the underlying contract it guarantees? The North Carolina Court of Appeals recently considered this issue in Friday Investments, LLC v. Bally Total Fitness of the...more
Changes are brewing as the North Carolina General Assembly considers proposed amendments to the brewery self-distribution cap, beer franchise laws, and off-premise container sales (i.e., “crowlers”), among other changes. ...more
On June 19, 2015, House Bill 909 (now Session Law 2015-98) was signed into law by Governor Pat McCrory, making considerable changes to North Carolina Alcoholic Beverage Control (“ABC”) laws. The most notable changes concern...more
By now, most people have at least heard of Uber, Lyft, Sidecar and other modern taxicab alternatives, even if they have not experienced for themselves the innovative services that enable customers to virtually “hail a ride”...more
There has been both excitement and confusion surrounding the recent passage of new laws and regulations governing the sale, filling and re-filling of growlers within our State. This paper briefly discusses the relevant...more
North Carolina House Bill 683, known as the Commonsense Consumption Act (“Act”), became effective on October 1, 2013. The Act contains two main provisions. First, it provides that no city or county ordinance may prohibit the...more
Summary of New Medical Malpractice Laws By; Christian Staples...more
8/11/2011