LEX VINI

2019 Employee Payroll and Reimbursement Changes

The New Year brings change, and there is no exception for employers.  With the transition into 2019, it is time to take note of a few key changes that will affect how you pay and reimburse your employees.  There are other new employment laws that we will post about after the first, but these key […]

UPDATE: NAPA COUNTY ADOPTS NEW WINERY USE PERMIT COMPLIANCE RESOLUTION

At the December 4, 2018 Napa County Board of Supervisors meeting, the supervisors present voted unanimously to adopt the new code compliance resolution.  Most notably, wineries that know they are in violation of current entitlements have until March 29, 2019 to submit an application to remedy existing violations in order to take advantage of the […]

Key Takeaways from Joint Senate & Assembly Hearing on California’s Wine Industry

The California Senate Select Committee on California’s Wine Industry and Committee on Governmental Organization and the California Assembly’s Select Committee on Wine and Committee on Governmental Organization held a joint hearing in San Diego on Thursday, November 29, 2018.  Jacob Appelsmith, the Director of the California Department of Alcohol & Beverage Control (“ABC”), and other […]

Napa County Nearing Adoption of New Winery Compliance Policy; NVV Releases Issue Brief

The Napa County Board of Supervisors has been considering a resolution that would impose a number of deadlines and compliance requirements for existing winery use permits.  The Napa Valley Vintners has published an informative Issue Brief  discussing the highlights of the proposed resolution.  In addition to the NVV issue brief, we encourage you to read […]

Winery Websites and ADA Compliance

The recent news of lawsuits filed against New York wineries has caused industry members to ask if they face any litigation risk if their websites are not accessible to people with disabilities under the Americans with Disabilities Act (“ADA”).  The answer is “maybe.”  There is considerable ambiguity in the law as to which companies are […]

In Memory…

A year ago, we lost our colleague and great friend, Greg Walsh.  Greg died of a heart attack at age 42.  At DP&F, we have been celebrating Greg’s memory in many ways over this last year, and this week we honored Greg by holding a CPR training at our Napa office.  We were fortunate to […]

A Bridge too Far for Granholm? Florida Importer Challenges California Three-Tier System

A Florida-based wine  importer is hoping to shake up the California three-tier system.  If successful, any importer or wholesaler in the U.S. may be permitted to sell directly to California retailers. Earlier this year, Orion Wine Imports, LLC filed a lawsuit against the director of the California Department of Alcoholic Beverage Control arguing that licensed […]

Monterey County Wines Subject to New Conjunctive Labeling Requirements

Are you planning on bottling and labeling any wines with the name of a Monterey County AVA in the new year?  Then you’ll need to comply with a new conjunctive labeling requirement.  See Cal. Business and Professions Code Sec. 25247. In 2015, the state legislature passed a law requiring wine labeled with the name of an […]

International Wine Law Conference Comes to Napa

DPF’s Richard Mendelson and Scott Gerien presented at the International Wine Law Association‘s annual conference held in Napa this past week.  During the two day conference, wine law experts from around the world addressed key issues that impact the wine industry, including climate change, regulatory enforcement, international trade barriers, and mergers and acquisitions (click here for […]

Katja Loeffelholz to Present at Oct. 12 California Women Lawyers In-House Counsel Retreat

DPF’s Katja Loeffelholz will be presenting on a panel called “A Year of Resilience:  True Stories of Napa Valley Businesses Affected by the 2017 Napa/Sonoma Fires.”  The Program Retreat will be held at the Meritage Resort and Spa on October 12, 2018, and will include the opportunity to network with a diverse group of women in-house […]

Federal Court Rules in Favor of Wine Retailer DTC Shipments

Wine retailers received a double dose of good news last week. As we reported earlier, on Thursday, the U.S. Supreme Court agreed to hear an appeal by the Tennessee Wine and Spirits Retailer Association in a case challenging Tennessee’s state residency requirement for persons or entities that hold a state alcohol beverage retail license.  Tennessee Wine […]

U.S. Supreme Court Decision May Open the Door (Or Slam it Shut!) On Direct to Consumer Shipping by Retailers

The Supreme Court of the United States has agreed to hear the appeal in a case that could drastically change the landscape for direct to consumer wine shipments by retailers in the United States. On Thursday September 27, 2018, the Supreme Court granted the appeal in Tennessee Wine & Spirits Retailers Association v. Byrd. Specifically, the […]

New Law on Winery Social Media Ads for Certain Retailer-Hosted Events

Governor Brown recently signed into law AB2452, a bill that grants wineries broader privileges in the use of social media to promote certain events held at retailer premises, such as winemaker dinners.  The bill was introduced by Assembly member Cecilia Aguilar Curry, co-authored by State Senator Bill Dodd, and sponsored by the Napa Valley Vintners. […]

Deadline Approaching for New Liquor License Applications in California

The California Department of Alcoholic Beverage Control recently announced authorization for the issuance of new on-sale general and off-sale general licenses in various counties throughout California, as well as authorization for the inter-county transfer of on-sale general and off-sale general licenses.  Such general licenses allow the service of beer, wine and spirits for on and/or […]

International Wine Law Summit Coming to Napa in October

The International Wine Law Association will be convening its annual Congress at Napa’s CIA at Copia on October 1-2.  The two day conference will feature experts discussing legal issues concerning climate change and the wine industry as well as regulatory enforcement, international trade barriers and joint ventures and mergers and acquisitions.  Speakers include professors from […]

BON APPÉTIT MAGAZINE SHINES LIGHT ON PAY-TO-PLAY SCHEMES

Popular culinary publication Bon Appétit recently published a story that shines a bright light on certain alleged “pay to play” schemes in New York.  In “Bribes, Backdoor Deals, and Pay to Play:  How Bad Rosé Took Over,” writer and sommelier Victoria James describes certain actions allegedly taken by wine suppliers (wineries and wholesalers) in order […]

What you need to know about California’s new Consumer Privacy Act

If you recently updated your company’s privacy policies in response to the European Union (“EU”) General Data Privacy Regulation (“GDPR”) in the United States – or, decided you did not have to – you may be suffering from some whiplash in light of the recently approved California Consumer Privacy Act. On June 28, 2018, Governor […]

Is the De Minimis Rule dead in California?

On July 26, 2018, the California Supreme Court unanimously held in Troester v. Starbucks Corporation that California’s wage and hour statutes and regulations have not adopted the federal de minimis doctrine.  The de minimis doctrine is based on the Latin phrase de minimis non curat lex, which means “the law does not concern itself with […]

Peter Kiel Joins DP&F Land Use and Water Law Groups

Peter Kiel, an expert in California water law, has joined the Napa and Santa Rosa offices of Dickenson, Peatman & Fogarty as a Partner.  Peter comes from a boutique water and energy firm in Sacramento where he worked on the full array of legal issues related to surface water and groundwater, including water rights, the […]

Updated Groundwater Basin Priorities May Bring Regulation to North Bay Wine Counties

The 2014 Sustainable Groundwater Management Act (SGMA) requires every groundwater basin in California ranked medium and high priority to be managed by one of more Groundwater Sustainability Agencies (GSAs) pursuant to an adopted Groundwater Sustainability Plan (GSP) or alternative plan.  The California Department of Water Resources (DWR) issued the initial groundwater basin prioritization in 2014.  […]

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