Breweries

News & Analysis as of

Tax Law Blog: Tapping into Beer Tax Reform

Unknowing to the casual beer drinker, at the bottom of your pint glass, a tax battle is brewing. As the craft beer industry continues to boom, the margins of many craft breweries has continued to tighten. Representatives of...more

Hospitalitas Newsletter - Spring 2015

In This Issue: - The Next Hot Trend in Economic Development: Craft Beer - Class Action Attempt to Void Jimmy John’s Non-Competes Goes Stale - Use of Customer Survey Data Upheld in Hotel Franchise...more

The Next Hot Trend in Economic Development: Craft Beer

The Brewers Association, a trade association representing small and independent American craft brewers, recently released 2014 data on the United States craft beer industry. For the first time ever, at 11 percent, the craft...more

Updated New Orleans Zoning Ordinance Threatens Microbreweries and Microdistilleries

The New Orleans City Council is set to vote on the draft Comprehensive Zoning Ordinance (“CZO”) on May 14, 2015. The CZO will have major implications for micro-distilleries and micro-breweries, which have been lightly...more

Brewing Up Some IP

With so many new microbreweries popping up in Sacramento, the Bay Area, and the Greater San Diego area, I felt compelled to write the present piece for the benefit of the aspiring, as well as the established, microbrew...more

Focus on Private Equity - April 2015

In This Issue: - The Use of Alternative Credit in Europe - Buying and Selling a Craft Brewery in the United States - Excerpt from The Use of Alternative Credit in Europe: As a result of the reduced...more

More Beer Please! Proposed House Bill Increases Production Cap for Self-Distribution Limit

Two bills have been proposed in the North Carolina House that, if passed, will have a significant impact on the craft brewing industry. These should be watched closely and supported as they broaden opportunities for the...more

Don't be Fooled by the Name... The Small BREW Act Could Have a Big Impact on Craft Breweries

The Small Brewer Reinvestment and Expanding Workforce Act, known as the "Small BREW Act", is bipartisan legislation introduced to Congress in early 2015. The overall goal of the Small BREW Act is to revamp the federal excise...more

Recent Legislative Activity and Craft Beer

Arizona: A bill was recently signed by Governor Doug Ducey allowing microbreweries to make up to 6.2 million gallons of beer per year, removing the old limit of 1.2 million gallons. Under the previous law, companies exceeding...more

Four-Pack of Louisiana Alcoholic Beverage Bills Filed

The 2015 Louisiana legislative session starts on April 13, and the pre-filed bills have been pouring in over the past few days. Four of the pre-filed bills warrant special consideration for the craft beverage industry....more

The Next Hot Trend in Economic Development: Craft Beer

The Brewers Association, a trade association representing small and independent American craft brewers, recently released the 2014 data on the United States craft beer industry. For the first-time ever, the craft segment...more

March Madness For INNOVATION

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries...more

Easy to Swallow: New California Beer Legislation Benefits Craft Brewers

Last year the state eased up on growler restrictions to allow California beer lovers to get their growlers refilled at any brewery, no matter which brewery’s label is on the container, as long as the refilling brewery puts on...more

Craft Beer Getting Boost in West Virginia

Last Friday, the West Virginia House of Delegates voted 86-11 to allow breweries to give out samples at their breweries. The bill also allows breweries, brewpubs, and other retailers to sell up to 4 growlers of beer a...more

Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each...more

Trends in Trademarks

With more than 3,000 breweries in the United States and nearly 2,000 more in some phase of planning, the likelihood of trademark infringement increases with each passing IPA related pun. Some disputes are settled in a very...more

New Opportunities Brewing for Alabama Craft Brewers?

The Alabama Brewers Guild has drafted a bill that would create a special craft brewers license enabling small breweries to operate an on-site restaurant and sell their beer for on- and off-site consumption. The license would...more

Indiana Reforming Beer Laws

Last week, the Indiana House of Representatives voted 87-7 to raise the production limit on the amount of beer that can be produced by craft breweries. The proposed legislation would increase the production level to 90,000...more

Kansas Considering Carve Outs

House Bill 2189, which is currently before the Kansas legislature, would allow breweries to sell beer directly to retailers, public venues, and caterers. Currently, Kansas breweries must sell their product directly to...more

Florida Craft Beer Bills Under Consideration Today

The Florida House Business and Professions Subcommittee will consider two beer bills today. In addition, the Senate Committee on Regulated Industries will also hear its version of those two bills today. House Bill 301 would...more

Crafting an Effective Fair Use Defense

The beer industry is rife with trademark legal issues. We’ve discussed quite a fe here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of...more

Craft Brewery Intellectual Property Primer

A. Introduction - A name. It all starts with a name. A series of words, individually with little meaning, but collectively, the embodiment of creativity, passion, and inspiration. Whether the name of the craft brewery...more

Reduction of Excise Tax on Craft Beer on the Horizon?

Twenty-five U.S. senators are sponsoring a bill that will help the United States craft beer industry by reducing the excise tax on beer made by small brewers. Currently, brewers making fewer than 2 million barrels annually...more

Re-Living the Bar Exam

Recently, I played a little law office hookie with a few of my colleagues, in the name of legal research, of course, to re-live the “bar exam.” The particular bar we examined was Magnolia Brewing Company’s new digs in...more

Small BREW Act is Back

Congress is expected to consider the Small BREW (Brewer Reinvestment and Expanding Workforce) Act again. This piece of legislation would make any brewery that brews fewer than 6 million barrels of beer per year eligible for...more

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