Breweries

News & Analysis as of

What You Need to Know Before Considering Selling Your Craft Brewery to a Macrobrewer or a Private Equity Firm

Recently, there have been a number of sales of well-known and well-respected craft breweries to the major beer producers. In addition, there have been a smaller number of sales of craft breweries to private equity investors....more

3 Biggest Workplace Law Concerns For Breweries And Brewpubs

As virtually all startups and small businesses know, one of the surest ways to kill a promising enterprise is to get involved in costly litigation. Breweries and brewpubs are no exception. The current rise in employment...more

Port Jervis, NY Sued by DOJ; Settles Two Days Later

The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use &...more

Has Pennsylvania’s New Liquor Legislation Made Brew Pub Licenses Obsolete?

Until recently, Pennsylvania breweries have been able to open up a world of possibilities by obtaining a GP-license to operate a brew pub at their brewery premises. The new legislation, however, has changed the situation. ...more

The TTB Eliminates Bond Requirement for Smaller Breweries, Distilleries and Wineries

On November 7, 2016, the TTB released a “TTB Public Guidance” relating to the Protecting Americans from Tax Hikes Act of 2015 (the “Act”), which changed the Internal Revenue Code of 1986 regarding excise tax due dates and...more

Not So Consumer Friendly? Pa.L.C.B. Says No Discount for Breweries, Wineries, and Distilleries When Purchasing Wine or Spirits...

Recently, the Pa.L.C.B. released a legal advisory opinion regarding a brewery, winery or distillery’s ability to purchase and sell the products from limited wineries and limited distilleries that are carried in the state...more

Pennsylvania Poised for Round Two of Liquor Reforms

Both the Senate and House have passed House Bill 1196 and, based on indications from the Governor, he is expected to sign the bill into law. HB 1196 marks another round of sweeping liquor law reforms that will bring...more

Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy...more

House and Senate Pass HB-1196 – More Than Just a Fix-It Bill to Act 39

Late last night, the House and Senate passed 1196, touted as a fix-it bill to Act 39 which was the largest single piece of Liquor Code reform since Prohibition. As I have detailed in many releases, Act 39 provided many new...more

On the Cusp of Another Round of Alcohol Changes in Pennsylvania

After a busy few months following the first major overhaul of Pennsylvania's Liquor Code since the end of Prohibition, the state is poised to extend its streak of liquor reform. With the passage of House Bill 1196 by both the...more

When the TTB says no but the Pa.L.C.B. says yes: When do you need a COLA for off-premises growler sales?

Simply put, if you are a Pennsylvania brewery and looking to sell your products in growlers or crowlers for off-premises consumption, the answer to the question posed above is ALWAYS! Recently, we have been approached by...more

Four T’s at Four: What Breweries Need to Know About Their IP Before They Consider an Exit

“Forties at 4” was a time-honored Friday tradition among my engineering classmates in college. After our last class, several of them would purchase Miller (if we could find it in a 40 oz) or Old English or some other malt...more

The Trademark Board Cancels the Trademark Registration for HOPNOTIC Beer

In another disappointment to the beer brewing industry, the Trademark Trial and Appeal Board canceled a trademark registration for the mark HOPNOTIC for beer on the basis that it is confusingly similar to liquor brand...more

This Cold Bud Is For You: SEC Sanctions Anheuser-Busch for “Chilling” Employee from Communicating with SEC

On September 28, 2016, the SEC announced that Anheuser-Busch agreed to pay $6 million to settle charges of Foreign Corrupt Practices Act and Dodd-Frank whistleblower violations. The SEC’s order stated that AB InBev violated...more

Anheuser-Busch InBev and Lessons in Joint Venture FCPA Compliance

Just in time for National Beveridge Day comes the Foreign Corrupt Practices Act (FCPA) enforcement action involving Anheuser-Busch InBev (ABI), where the company paid $6 million to settle charges that it violated the FCPA and...more

Craft Beer Trademarks (Part 2)

In Part 1 we noted the growth in the craft beer industry in Canada and the U.S., and how this has spawned some interesting trademark disputes. The case of Brooklyn Brewery Corp. v. Black Ops Brewing, Inc. (January 7,...more

When the Family Business is Beer

St. Joseph's University's Haub School of Business sponsors the Initiative for Family Business and Entrepreneurship, and I am honored to be a member of its Advisory Board. Yesterday, September 27, 2016, the Initiative...more

Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in...more

Craft Beer Trademarks (Part 1)

The number of licensed breweries in Canada has risen 100% over the past five years to over 600. In Alberta and B.C. alone, the number of breweries doubled between 2010 and 2015. Industry trends are shifting, driven...more

RAMP Under Act 39 of 2016: Who is Required to Complete Server/Seller Training

As you may be aware, Act 39 of 2016 (“Act 39”) took effect on August 8, 2016, and it brought with it much confusion with regard to the many aspects of the Liquor Code. One area that has brought the most confusion is with Act...more

The Do’s and Don’ts of Growler Labeling

With growler sales getting more popular in Pennsylvania, we decided to examine the relevant federal and state laws with regard to the refilling of growlers if they do not bear the labeling of your licensed business. To...more

States Are Popping the Cap on ‘High Alcohol Beer’: Ohio Lawmakers Authorize Brewers to Increase Alcohol by Volume

Several state lawmakers have increased the alcohol by volume (ABV) caps on beer production in recent years, and now, craft brewers in Ohio will also have the opportunity to brew “high alcohol beer.” With House Bill 37, which...more

Texas Court Strikes Down Prohibition on Payments for Brand Rights

Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state’s Beer Industry Fair Dealing Law (i.e., the beer “franchise” law) that expressly prohibits a brewer...more

Alberta Government Favours Local Breweries in New Mark Up Regime

Earlier this month, the Alberta government implemented a new subsidy for Alberta-based craft breweries and increased the provincial mark-up on all beer imported into the province. The introduction of the subsidy is part of an...more

The Katten Kattwalk - Issue 10

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

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