Dickenson Peatman & Fogarty

James W. Terry

jterry@dpf-law.com

809 Coombs Street
Napa, CA 94559
T: (707) 252-7122

Practice Areas
  • Real Property
  • Business
  • Alcohol Beverage

Education
  • University of California, Berkeley (A.B., with distinction, 1972)
  • University of Santa Clara (J.D. magna cum laude, 1976)
  • New York University (LL.M. in Trade Regulation, 1978)

Languages
  • French
 

James W. Terry, born Oakland, California, November 4, 1949; admitted to bar, 1976, California.  He is the recipient of the New York University School of Law Donald L. Brown Fellowship in Trade Regulation.
 
Mr. Terry has represented buyers in numerous vineyard acquisitions throughout the State of California. His wine industry related practice also includes business entity selection and formation, business planning, particularly in relation to family succession issues, sales and acquisitions, grape purchase agreements and vineyard leasing.
 
Mr Terry is the author of  “L’Evolution Des Appellations D’Origine Aux Etats-Unis” presented at the 2002 Colloque Internationale Du Syndicat du Côte du Rhône, Avignon, France. He is also the author: “Grapes to Wine: Business Models and the Regulation of Wine Production”, California Continuing Education of the Bar, 2006, and also published in the Organisation Internationale de La Vigne et Du Vin’s Le Bulletin de L’OIV,Vol. 79 August, 2006; Instructor, Wine Law: A Growing Industry, California Continuing Education of the Bar, September, 2006; Invited speaker at Best Practices for Owning and Operating a Winery speaking on Vineyard and Winery Land Use and Development, March, 2007. Mr. Terry is the author of the paper entitled Title Issues in Winery and Vineyard Acquisition Due Diligence published by the California Continuing Education of the Bar in connection with the September, 2007 Wine Law Forum at which Mr. Terry was also an invited speaker. Invited speaker at Best Practices for Owning and Operating a Winery speaking on Vineyard and Winery Land Use and Development, February, 2008. Mr. Terry was an invited panel member at the 2008 Wine Law Forum on the subjects of negotiating Grape Purchase Agreements and Vineyard Leases and authored the paper entitled Grape Purchase Agreements – Why a Handshake Deal May Not Simplify Your Business published by the California Continuing Education of the Bar in connection with the October, 2008 Wine Law Forum . Invited speaker at Best Practices for Owning and Operating a Winery speaking on Vineyard and Winery Land Use and Development, February, 2009, speaking on subject of “Grape Purchase Agreements and Vineyard Leasing”. In July, 2009, Mr. Terry was an invited speaker at Wine Law in America 2009 conference, presenting on wine industry business models. Mr. Terry was an invited speaker at the April, 2010 Napa Valley Vintners Association Seminar "Tactics and Tools for Business Success in Changing Economic Times". In May, 2010, Mr. Terry was an an invited speaker at the 2010 Wine Industry Vineyard Economics Symposium presenting on "Grape Contracts in Crisis - Defaults, Re-negotiation and Survival Tactics". In 2006, 2007, 2008 and 2009, Mr. Terry presented as a guest lecturer at University of California Boalt Hall School of Law Wine Law & Policy course.
 
He served as President of the Napa Valley College Foundation 2006-2008, past president of the Napa County Bar Association, and a member of the Real Property and Business Law Sections of the California Bar Association. Mr. Terry is an Honorary Member, Board of Trustees, Queen of the Valley Hospital Foundation. and a former member of the Board of Trustees, Justin-Siena High School, 1994-1995.   He served as Managing Director of Dickenson, Peatman & Fogarty from 1999-2005 and is currently Managing Director of the Napa branch.

Representative Matters

  • Supervising counsel in title, land use and legal due diligence in connection with acquisition of winery and vineyard company holding assets in Napa, Sonoma and Mendocino Counties.
  • Lead counsel in sale of $90,000,000 portfolio of shopping centers and commercial properties located throughout Napa, Solano, Sonoma, and San Joaquin Counties.
  • Lead counsel in acquisition and due diligence of vineyard development properties throughout the state of California having cumulative value in excess of $250,000,000.
  • Preparation of significant vineyard lease for development of 745 acre vineyard in Paris Valley, Monterey County, California.
  • Represented California nursery in negotiation of first of its kind contract for the licensing of clonal vine-plant material from Établissement Nationale Technique Pour L’Amélioration de la Viticulture.
  • Supervising counsel in title, land use, alcohol beverage and legal review of international wine company with winery and vineyard holdings in Napa, Sonoma, Monterey and San Luis Obispo Counties.

Publications

  • "Grape Purchase Agreements - Why a Handshake Deal May Not Simplify Your Business"
  • "Grapes to Wine: Business Models and the Regulation of Wine Production"
  • " Title Issues in Winery and Vineyard Acquisition Due Diligence"
  • "A Survey of Local Permitting Issues Applicable to a Stand-alone Winery in California"
  • "Business Models for Making Wine and Growing Grapes", Wine Law In America: Law and Policy

News

  • Four DP&F Attorneys Scheduled to Present at Napa Winery Conference

Speeches

  • L'Evolution Des Appellations D'Origine Aux Etats-Unis presented to the Syndicat du Côte du Rhône, Avignon, France, 2002 Instructor, Wine Law: A Growing Industry, California Continuing Education of the Bar, September, 2006, Napa and Temecula, California Instructor, Wine Law Forum, Title Issues in Vineyard Acquisitions, California Continuing Education of the Bar, 2007, Napa, California Instructor, Wine Law Forum, “Grape Purchase Agreements and Vineyard Leases”, California Continuing Education of the Bar, 2008, Santa Barbara, California Instructor, Best Practices for Owning and Operating a Winery “Vineyard and Winery Land Use and Development”, March, 2007, 2008 Invited Speaker, 2009 Wine Law in America Conference, "Wine Industry Business Models", July 2009 Invited Speaker, 2010 Napa Valley Vintners Association Seminar, "Tactics and Tools for Business Success in Changing Economic Times", April, 2010 Invited Speaker, 2010 Wine Industry Vineyard Economics Symposium, "Grape Contracts in Crisis - Defaults, Re-negotiation and Survival Tactics", May, 2010 Guest Lecturer, University of California Berkeley School of Law, Wine Law and Policy, 2006, 2007, 2008, 2009 Invited Speaker, 2011 Wine Industry Vineyard Economics Symposium, "Grape Purchase Contracts - How the Market is Changing Negotiations and Strategies", May 2011 Invited Speaker, 2011 Successfully Navigating the New Economy: Legal and Tax Issues Facing the Wine Industry, July, 2011