Opener
Both the California Department of Alcoholic Beverage Control (“ABC”) and the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) have made information available on their websites for alcohol beverage businesses (including producers, wholesalers, and retailers) seeking earthquake related information. Here are links to those bulletins: ABC’s Earthquake-Related Information for ABC Licensees TTB’s […]
With Sunday’s earthquake still fresh on people’s mind, members of the wine growing community gathered at Napa’s Meritage Resort & Spa for the North Bay Business Journal’s annual “Impact: Napa” conference. DP&F’s Richard Mendelson served as the moderator and DP&F was one of the two underwriters for the conference. Napa County Board of Supervisors Chairman Marc […]
Like many of our clients, DP&F’s Napa offices were damaged during Sunday’s earthquake. Although our attorneys now have full access to email and voice-mail, the best way to reach our non-attorneys is still over the phone. To contact us, please send your attorney an email or call 707.524.7000, and we’ll put you in touch with […]
As California’s severe drought deepens legislation moves upstream in Sacramento regarding groundwater. Historically the State of California has not had jurisdiction over groundwater, but with serious groundwater depletion issues in most of the key agricultural regions exacerbated by this historic drought, the current is now sweeping us all toward State oversight of this precious resource. […]
You have seen the signs all over California; they exist on parking garages, gas stations, office buildings and convenience stores: “Warning, this area contains a chemical known to cause cancer or birth defects.” These signs exist because of Prop 65, which California voters enacted in 1986. It was originally presented as a way to prevent […]
DP&F attorneys Scott Gerien, Jim Terry, and John Trinidad will be panelists at the Wine and Spirits Law Academy. The conference, co-sponsored by UC-Davis and the Wine & Law Program from the Université de Reims (Champagne, France), brings together an international group of practitioners and academics to discuss some of the key legal and regulatory issues facing the wine and spirits industries. Of […]
In an effort to raise the Cava brand image, the Cava Regulatory Board (Consejo Regulador del Cava) has announced plans for the establishment of a “Single Estate” classification — Cava del Paraje Calificado – for use on wines sourced from single, estate owned vineyards and allow DO Cava wines to compete in a premium price […]
Strict packaging regulations in countries outside of the U.S. (particularly Asian countries such as Thailand) for products considered to pose public health risks is nothing new. We have seen health warnings covering virtually the entire package, and graphic depictions of diseased lungs, kidneys and other organs adorning alcohol and cigarette packaging in the past. Now […]
On July 8, 2014, Governor Jerry Brown signed a bill allowing state licensed winegrowers (Type 02 license holders) to host “instructional tasting events” at certified state farmers’ markets. The bill (AB 2488) passed the Senate last month and had the support of the Wine Institute and Family Winemakers of California. Prior to the law’s passage, […]
As of July 1, 2014 California’s minimum wage is $9.00 per hour. All employers with employees making minimum wage should review their payroll practices to ensure the change has been implemented moving forward. Employers will need to update their Wage Notices to reflect the change for new employees, but existing employees can receive notice through […]
The Boston Consulting Group (BCG) recently released a study finding that the U.S. beer market is “open, freely competitive and driven by consumer choice.” BCG concludes its study by imploring lawmakers to be “skeptical of complaints (legal or otherwise) that the marketplace favors only large players.” In other words, BCG appears to argue that regulators should maintain […]
The June 2014 issue of Practical Winery & Vineyard features an article by DP&F’s Katja Loeffelholz titled “Branding Agricultural Commodities.” The articles provides growers with a detailed summary of the importance of protecting their vineyard’s brand. You can access the article by clicking on the image below. For more information on how you can secure trademark rights, please […]
On Monday, June 23, 2014 the California Supreme Court held that class action waivers are enforceable in employment arbitration agreements. This means that an employee and employer can agree through a binding arbitration agreement that the employee may not assert class action claims against the employer. In the same case the Court found that a representative action through California’s Private Attorney […]
On Saturday, June 21, 2014, the 50th session of ICANN meetings opened up in London. ICANN, the Internet Corporation for Assigned Names and Numbers, is the non-profit organization that coordinates the Internet’s global domain system. One of the issues addressed at the London meetings was the ongoing issue of the new Top Level Domains (TLDs) for […]
Friday, June 27, 2014 Dickenson, Peatman & Fogarty’s Of Counsel Richard Mendelson and Senior Alcohol Beverage Attorney Bahaneh Hobel will be presenting a wine law refresher course to members of the Napa Valley Vintners. This presentation will include an overview of federal, state and local licensing issues including sponsorships, private and charity events, contests and sweepstakes and third party […]
Wine Business Monthly recently published an article by DP&F attorneys Katja Loeffelholz and John Trinidad on wine labeling legal and intellectual property issues. You can access the article using the following link: “Avoiding Label Approval Issues” (Published with the permission of Wine Business Monthly).
“Regulators should differentiate between regulations that truly protect consumers and those that protect the regulated.” So concluded the Federal Trade Commission in a recent blog post criticizing franchise laws in the automobile industry. Tesla Motors, a leading manufacturer of high-end electric cars, implemented a sales model to allow it to sell cars direct to consumers. […]
A bill recently introduced by state assembly member Tom Ammiano in the California State Assembly (AB 1894) would create a Division of Medical Cannabis Regulation and Enforcement within the state’s Department of Alcoholic Beverage Control. The bill also gives the department the power to create a registration system for persons interested in cultivating, manufacturing, testing, […]
Practical Winery & Vineyard recently published an article written by Dickenson, Peatman & Fogarty attorney Katja Loeffelholz. Katja’s article “What’s trending, how to capture it” discusses how technological advancements have permitted an evolution in wine labels, bottle shapes, closures and packaging designs. One wine bottle can contain several protectable elements. Word mark, logos/images, taglines/slogans, color, […]
The New York State Liquor Authority issued a stern reminder that tied house laws are not only still on the books, but will be strictly enforced. On Tuesday, March 25, the NYSLA accepted a plea offer from the numerous entities associated with restaurateur Joe Bastianich to pay $500,000 penalty, close down Manhattan-based wine store Eataly […]