LEX VINI

NLRA Rights Poster Delayed Again

The requirement for most private-sector employers to post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act,” was originally scheduled for November 2011 and then postponed until January 31, 2012.  Now the NLRB has delayed implementation until April 30, 2012, apparently due to litigation.  We will continue to […]

New Employer Obligations for 2012 – Wage Theft Protection Act

As of January 1, 2012, employers must at the time of hiring notify all new non-exempt, non-collective bargaining employees in writing of the following information: 1.   The employee’s rate or rates of pay and the rate basis, whether by hour, shift, day, week, salary, commission or otherwise, including any rates of overtime, if applicable; 2.   Any […]

Family Estate Planning – Favorably High Tax Exemptions to Expire in 2012

At the beginning of 2011, important changes were made to the way gifts made during life and at death were taxed.  Under current law, the amount each person can give cumulatively during their lifetime and upon their death without being subject to tax was $5,000,000.  In 2012, that exemption amount will increase to $5,120,000.  (It […]

New Laws Impacting the Wine Industry for 2012

Members of Dickenson, Peatman & Fogarty’s alcohol beverage and labor and employment departments recently teamed up for an article in the North Bay Business Journal titled “Important Legal Changes for Wine, Alcohol in 2012.”  You can find a link to the article by clicking here. The article summarizes new laws and regulations coming into effect in the new […]

TTB Issues Guidance on Changes to Personalized Labels, Just in Time for The Holidays!

Producers that create personalized labels for consumers (as opposed to labels made for retail or wholesale customers other than the ultimate consumers) have now been provided with guidance from the TTB regarding what changes to the COLAs for such personalized labels require approval from the TTB.  For personalized labels, TTB had previously permitted the holder […]

California ABC Reverses Position on Third-Party Providers Following Industry Input

The California Department of Alcohol Beverage Control has reevaluated and reversed its position on third-party providers conducting marketing of alcohol beverage products over the Internet, as well as the propriety of licensing a trademark for use on alcohol beverage products without being a producer with an ABC license. This has come after a stakeholder committee, which was formed […]

Stopping Gray Market Wine Imports

On October 1, 2011, Scott Gerien, head of Dickenson, Peatman & Fogarty’s intellectual property practice group made a presentation at the annual meeting of the International Wine Law Association in Logrono, Spain on the issue of stopping gray market wine imports in the U.S.  The ability to prevent gray market imports, especially as to wine, […]

Deadline for Informational Postings by Employers Changed to January 31, 2012

The National Labor Relations Board (NLRB) announced October 5, 2011 that it is postponing the date for which employers must post the new employee rights poster.  The date has been pushed back from November 14, 2011 until January 31, 2012.  The NLRB states that the reason for the delay is “in order to allow for […]

Holders of California ABC On-Sale Licenses May Now Infuse Spirits and Wine

Governor Jerry Brown signed SB 32 (Leno), to amend Section 23016 of the Business and Professions Code effective immediately. Section 23016 defines a “Rectifier” (defined below); this amendment now allows on-sale licensees to infuse spirits and wine with flavors or blending processes. The issue of infused wine and spirits on on-sale retail premises came to […]

New Informational Postings Required for Employers by November 14, 2011

Effective November 14, 2011, most non-union employers will have to post a new poster explaining to employees their rights under the National Labor Relations Act.   The poster will explain employees’ rights under the National Labor Relations Act, including the right to unionize, the right to discuss wages, and the right to picket and strike.  The […]

New California Direct-to-Consumer Wine License Available January 1, 2012

Governor Jerry Brown signed AB 623 (Williams) to create a limited direct-to-consumer wine license in California.  The bill creates a new limited off-sale retail wine license which becomes effective on January 1, 2012 under Section 23393.5 of the California Business and Professions Code. The limited off-sale retail wine license authorizes the sale of wine by the licensee […]

Update on “Fair Treatment for Farm Workers Act”

Governor Jerry Brown’s June 2011 veto of SB 104, “The Fair Treatment for Farm Workers Act,” was the fifth straight year that the bill passed the legislature only to be vetoed.  The bill would have required a farm employer to recognize a union on the strength of a majority of the employees signing cards signifying […]

TTB Takes Position on Information to Be Included On Wine Websites

Recently, the TTB has been in contact with wine industry members regarding changes required to the landing pages of their websites.  Under federal regulations governing the labeling and advertising of wine (27 CFR 4), an advertisement for wine “shall state the name and address of the permittee responsible for its publication or broadcast.”  According to […]

Aggressive State Stream Diversion Enforcement Comes to Napa River Watershed

A number of property owners in Napa County, including wineries, recently have received a form letter from the State Water Resources Control Board entitled, “NOTICE OF POTENTIAL UNAUTHORIZED DIVERSION AND USE OF WATER, AND FAILURE TO FILE A STATEMENT OF WATER DIVERSION AND USE FOR DIVERSION OF WATER IN NAPA COUNTY.” The letter states that the […]

European Court of Justice Recognizes Superiority of Cognac Geographical Indication

On July 14, 2011, Bastille Day, the European Court of Justice (ECJ) recognized the superiority of the geographical indication (GI) “COGNAC” for spirits in Finland over a trademark application encompassing the term “KONJAKKI” for a generic reference to brandy not meeting the standard for the use of “COGNAC” as set forth by the Bureau National […]

California ABC Announces On-Sale Liquor Licenses for Napa County

The California Department of Alcoholic Beverage Control (ABC) announced authorization for the issuance of five (5) original on-sale general liquor licenses for bona fide public eating places in Napa County, as authorized in Section 23826.10 of the Business & Professions Code. These licenses are to be issued only to premises having a seating capacity for […]

"SKINNY" Brands are Where It’s At

In our monthly review of trademark applications at the U.S. Patent and Trademark Office (USPTO), it appears the latest trend in alcohol beverage products is “SKINNY” brands.  In the month of May 2011, there were six different trademark applications filed for marks for alcohol beverage products encompassing the term “SKINNY.”  These included the marks SKINNILICIOUS […]

Can Expanding Your Wine Distribution Expose You to Lawsuits in Other States?

Attorneys, and particularly litigation attorneys such as me, get excited when the U.S. Supreme Court issues new “jurisdiction” proclamations.  The Court did just that in late-June, and the Court’s recent rulings have some impact on wineries. First, I will explain “jurisdiction” and outline prior law regarding jurisdiction.  Then, I will address the Supreme Court’s new […]

REMINDER – Wine Law Seminar this Friday

This a reminder that Networking Seminars will be presenting “Successfully Navigating the New Economy: Legal and Tax Issues Facing the Wine Industry”  this Friday from 9:00 a.m to 5:00 p.m. at the Napa Valley Marriott.  The conference will conclude with a networking wine reception sponsored by Napa Valley Vintners.  The conference will discuss legal and tax consequences for […]

IRS Mileage Reimbursement Rate Change

For those of you that use the optional standard rates to calculate the deductible costs of operating an automobile for business and other purposes, the Internal Revenue Service recently announced an increase in the optional standard mileage rates for the final six months of 2011. The rate is 55.5 cents a mile for all business […]

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