LEX VINI

Eighth Circuit Rejects Southern Wine and Spirits Appeal, Says States May Discriminate Against Out of State Wholesalers.

Despite being the 32nd largest private company in the U.S. according to Forbes Magazine and operating in almost a dozen states, Southern Wine and Spirits of America continues to have trouble entering the Missouri market.  Last week, the U.S. Court of Appeals for the Eighth Circuit denied Southern’s appeal challenging the constitutionality of Missouri’s alcohol […]

California’s Minimum Wage will Increase July 1, 2014

On September 25, 2013, California Governor Jerry Brown signed AB 10, increasing  California’s minimum wage for the first time in six years.  The current minimum wage is $8.00 per hour.  This legislation will increase the minimum wage to $9.00 per hour effective July 1, 2014 and to $10.00 per hour effective January 1, 2016. Previously proposed versions of […]

Employers: Mandated Insurance Notice Deadline October 1st

By October 1, 2013, all employers covered by the Federal Labor Standards Act (FLSA), regardless of size, must issue a notice to their employees about the new health insurance options available under the Patient Protection and Affordable Care Act (ACA). Health insurance options will be available through health care exchanges and marketplaces on January 1, 2014. ACA […]

Harvest Time and Grape Growers’ Liens – Custom Crushers Beware

A few years ago, we wrote about the producer’s lien.  As I explained in my prior post, the law provides a grape grower with an automatic lien against any wine made from the grower’s grapes.  This lien, called a “producer’s lien,” means that the winery cannot lawfully sell the wine without paying the grower.  It gives […]

Wine & Trademark Law: Creating, Protecting & Building Equity in Your Wine Brand

Dickenson, Peatman & Fogarty attorney Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office, recently presented “Creating, Protecting & Building Equity in your Wine Brand” at the Wine Industry Forum.  You can download a copy of Ms. Loeffelholz’s presentation here:     The presentation provides an introduction and overview of trademark […]

Charlie Trotter Files Answer in Wine Fraud Lawsuit

In June 2013, Plaintiffs Ilir and Bekim Frrokaj filed a lawsuit claiming that celebrated chef Charlie Trotter sold them a counterfeit magnum of 1945 Domaine de la Romanee-Conti in June 2012. Trotter filed his answer yesterday, in which he denies that the wine sold to Plaintiffs is counterfeit or fraudulent. Trotter’s answer can be found […]