LEX VINI

New York Imposes $3.5 Million Penalty Against Wine Wholesaler

The New York State Liquor Authority announced a $3.5 million civil penalty against Southern Glazers Wine & Spirits arising from an investigation into the wholesaler’s business practices in New York.  The NYSLA concluded that Southern had provided illegal gifts and services to retailers to induce them to carry Southern products in violation of state tied […]

New Study Shows Dramatic Decline in SEC Enforcement Activity

We stray slightly from wine-law specific news here to discuss a recent study of what we think will be interesting not just to the wine industry, but to companies and investors at large.   A study released by Cornerstone Research using data from the Securities Enforcement Empirical Database maintained by Cornerstone and the NYU Pollack Center […]

Greg Walsh (1975-2017) – Memorial Celebration

It is with great sadness that Dickenson, Peatman & Fogarty announces the passing of our friend and managing partner, Greg Walsh.  Greg suffered a sudden cardiac arrest while playing in his weekly basketball game and did not recover. He was 42 years old. There will be a memorial celebration on Tuesday, November 28, 2017 from […]

Guest Post: Employers May Provide Tax-Free Relief to Employees Affected by California Wildfires Through Qualified Disaster Relief Payments

Our friends at the accounting firm of Moss Adams drafted the following information on how employers can provide tax-free qualified disaster relief payments to employees affected by the wildfires.  We thought this may be of interest to our Lex Vini readers.  On Tuesday, October 10, 2017, President Donald Trump declared the Northern California wildfires a […]

DP&F’s Alcohol Beverage Partner to Speak at Spirited International Spirits Trade Tasting & Show

Bahaneh Hobel will be one of the panelists of “Next Steps: ‘Start Me Up,’” an informative discussion on how to start or grow a distilled spirits brand. The topic will be discussed at the Spirited International Spirits Trade Tastings & Show to be held at the Sonoma County Fairgrounds, California on February 27, 2018.  This […]

DP&F to Host 11/1 Town Hall Meeting in Napa on Wildfire Legal Issues

Residents, business owners and community members affected by the Santa Rosa, Napa, Sonoma and Calistoga wildfires are encouraged to attend an Informational Town Hall meeting this coming Wednesday, November 1, 2017 at the Silverado Country Club in Napa. Sponsored by Dickenson, Peatman & Fogarty, the meeting is intended to serve as a resource for wildfire […]

Governor Signs Executive Order Granting Some Relief to Licensees Affected by Fires

Yesterday, the Governor signed an Executive Order that could provide some relief to alcohol beverage licensees whose premises were damaged or destroyed by the recent fires in Napa and Sonoma Counties. The California ABC Act typically allows alcohol beverage licensees whose premises have been destroyed as a result of fire or other causes to temporarily […]

TTB and County of Napa Info for Businesses Affected by Wildfires

Our hearts go out to our friends and neighbors who are dealing with damage and destruction caused by the California fires.  Although there are certainly more pressing concerns, we wanted to provide some information that may prove useful in the days and weeks ahead. TTB Information The U.S. Department of Treasury’s Alcohol and Tobacco Tax […]

Napa and Sonoma County Fires: Employer Resources and Obligations

In light of the devastating fires in Napa and Sonoma Counties, employers should be aware of some available resources and other obligations required by law. We have compiled some information regarding available benefits, employee pay, leaves, and other information Napa and Sonoma County employers may find useful, below. Unemployment Benefits Available   Disaster Unemployment Assistance […]

Northern California Fires and DP&F Operations

With the fires in Sonoma and Napa Counties still burning, we want to extend our best wishes to all our neighbors going through this difficult time.  We hope this message finds you, your families, and your coworkers safe. Our Napa office will partially reopen on Tuesday, October 10.  Our Santa Rosa office will remain closed […]

Tied House Enforcement: TTB Cracks Down on “Pay to Play” Schemes

The federal crackdown on “pay to play” arrangements in the alcohol beverage industry continues.  In a press release issued on Friday, the U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau announced that it was conducting a joint operation with the Illinois Liquor Control Commission to look into alleged “pay-to-play” in Chicago, the […]

Employer Obligations for Heat Illness Prevention during Harvest

This weekend, the weather forecasters predict temperatures in Napa County will reach 108 degrees with parts of Sonoma County and Mendocino County topping 112 degrees.  Even in the early hours, agricultural laborers working harvest may be exposed to high heat conditions.  What follows is a quick refresher for those employers with outside work areas on […]

DP&F Announces Official Launch of Cannabis Practice Group

Dickenson Peatman & Fogarty (“DP&F”)  announces the official launch of its Cannabis practice group.  This group offers a specialized, full-service approach to serving the business needs of clients navigating California’s increasingly complex cannabis industry. DP&F has a 50-year history of representing businesses in regulated industries, including the alcohol beverage industry.  For the past few years, […]

California Tied House Law Upheld by Federal Appeals Court

An en banc panel of the U.S. Court of Appeal for the Ninth Circuit (the federal appeals court with jurisdiction for the nine western states) has rejected a First Amendment challenge to California’s tied house laws.  In so doing, the court overturned an earlier decision by a three-judge panel that had applied a more rigorous standard […]

TTB Issues Guidance for Cider Producers

On May 17, 2017, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued additional guidance for cider producers on federal excise tax, labeling and formula requirements through Industry Circular 2017-2 (“Amendments to the Criteria for the Hard Cider Tax Rate and Information on Other Requirements that Apply to Wine that is Eligible for the […]

New Bill Targets California Alcohol Delivery Services

California lawmakers are considering legislation that would regulate companies offering alcohol delivery services, such as Instacart and Drizly. Senate Bill 254  stops short of requiring “delivery network services” from obtaining a license from the Department of Alcoholic Beverage Control (“ABC”), but does require that the ABC review and approve of their “system” before they engage […]

TTB Pumps the Brakes on CBD Infused Alcohol

Despite a slew of news reports on Cannabis-wine/beer/spirits over the past year,  recent actions by the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) have brought into question whether CBD-infused alcoholic beverages can be legally produced in the United States, even in states that have legalized cannabis for adult use. Last fall, […]

Recent Uptick in Tied House Enforcement Actions by State and Federal Agencies

Clients often ask us about enforcement of the various alcohol beverage regulations and tied house laws that apply to industry members.  “Tied-house” laws generally prohibit supplier-side licensees (including producers and wholesalers) from giving, directly or indirectly, any premium, gift, or “thing of value” to retail licensees, unless a specific exception applies. Over the past year, […]

What makes a wine from Texas a Texas wine?

Texans may soon find that the Texas wines on their local retailer shelves are, well, a bit more Texan. A Texas legislator has introduced a bill (HB 1514) which, if passed, would require that any wine indicating that it comes from the state or a geographical subdivision thereof must be made entirely from fruit grown […]

Consumer Deception and Geographic Brand Names – KONA BREWING CO.

In the past few years the alcohol beverage industry has seen numerous consumer protection lawsuits centered around allegedly deceptive advertising statements on alcohol beverage brands, such as “Handcrafted” for Tito’s vodka.  We previously blogged about this in the context of safe harbor defenses to such claims based on COLA approval. We may be seeing a […]

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