Opener
On October 1-3, the International Wine Law Association will be having its annual meeting in Napa at CIA at Copia. The two-day conference will cover legal issues related to climate change, the international wine trade, geographical indications and other legal areas relevant to the wine industry. Anyone is invited to attend, and attorneys will have […]
You’ve probably received a barrage of emails in the past week from a wide variety of websites that you may (or may not) remember having an account with, telling you that they’re updating their privacy policies. The reason: the European Union (“EU”) has reached the official start date of its new General Data Protection Regulation […]
It’s official. Class action waivers are enforceable in employment arbitration agreements. On Monday, May 21, 2018 the U.S. Supreme Court upheld the enforceability of the waivers in Epic Systems Corp. v. Lewis. The Court resolved a conflict between the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA) as to which Act trumped […]
Today TTB announced in Industry Circular 2018-1A that it is extending until December 31, 2019 the ”Alternate Procedure” under which wine producers can tax pay wine stored at bonded tax wine cellars (“BWC”) without having to physically transfer their wine back from the BWC in bond. This update to TTB’s prior procedure is a welcome […]
In July 2017, the San Francisco Bay Regional Water Quality Control Board adopted waste discharge requirements (a “General Permit”) to regulate vineyards parcels of 5 acres or more in the Napa River and Sonoma Creek watersheds to monitor vineyard sediment, pesticide and nutrient discharges. General enrollment is due by July 31, 2018. The Regional board […]
On April 30, 2018, the California Supreme Court issued its ruling in Dynamex Operations West, Inc. v. Superior Court, completely overhauling (but not overruling) the independent contractor standard previously set forth in the seminal case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341. All businesses using independent […]
Please join DP&F and Robert Tobiassen, Former Chief Counsel of the TTB, for a complimentary Wine Law Seminar on May 10, 2018 from 9:00am to noon at Compline Wine Bar in Napa. DP&F’s alcohol beverage attorneys and Rob will be discussing all things TTB, including a discussion of the new excise tax credits, recent enforcement […]
As of 2018, winegrape growers are now required to adhere to the burdensome requirements of the Food Safety Modernization Act (FSMA) Produce Safety Rule when selling winegrapes to wineries for processing. However, most winegrape growers will qualify for an exemption from the FSMA rule (see FDA flow chart for rule and exemption applicability). For winegrape […]
On April 27, 2018, please join Scott Gerien, John Trinidad and Joy Durand as they present at the Sonoma County Bar Association’s CLE , Advising Your Alcohol Beverage Clients. This comprehensive seminar will address the complex array of laws and regulations applicable to the wine, beer and spirits industry. The event brochure can be found […]
As discussed in our previous post, Steel and Aluminum Tariffs Could Impact U.S. Alcohol Beverage Producers, retaliatory tariffs presented a risk to goods unrelated to those subject to U.S. tariffs. Now, China has indicated it will retaliate against U.S. tariffs on $60 billion of Chinese goods by imposing an additional 15% import tariff on U.S. […]
On April 23, 2018, please join Bahaneh Hobel at the Wine, Beer & Spirits Law Conference as she participates in a round table discussion regarding The Digital Age and how new technology is impacting the industry. The event brochure can be found here.
As has been widely reported, the President of the United States has proposed enacting steep tariffs on U.S. imports of steel and aluminum. These tariffs could both directly impact U.S. alcohol beverage products that use those materials such as beer, and result in retaliatory tariffs targeting U.S. goods nominally unrelated to steel and aluminum, including […]
TTB issued new guidance earlier today regarding the Craft Beverage Modernization and Tax Reform components of the Tax Cuts and Jobs Act, specifically in regard to the application of the new excise tax credit to wines that are transferred from a winery to a bonded wine cellar. We have excerpted some of the relevant language […]
Dickenson Peatman & Fogarty attorney Katja Loeffelholz presented “USA Wine Labeling Regulations” to the Wine & Liquor Law Seminar held in conjunction with the Vancouver International Wine Festival this past Monday. The seminar was the Ninth Annual Wine & Liquor Law gathering of wine and liquor industry professionals and covered new wine and liquor regulation, […]
With the recent news regarding ICE raids on 7-11’s across the country, rumors of raids targeted at Northern California businesses and California’s Attorney General announcing plans to prosecute employers for violation of new laws passed through AB 450, employers should have a plan in place in the event of a raid. As of January 1 […]
Dickenson, Peatman & Fogarty will be hosting a reception during the Unified Wine and Grape Symposium and we would love for our Lex Vini readers to join us! DP&F Unified Reception Wednesday, January 24th 5:30-8:30pm Lucca Restaurant, 1615 J Street, Sacramento, CA (2 blocks from the Convention Center) Also stop by Booth 313 to meet one-on-one with […]
Dickenson Peatman & Fogarty attorney Katja Loeffelholz will be presenting the United States portion of “How Rules and Enforcement Systems Differ Internationally” to the Wine & Liquor Law Seminar in conjunction with the Vancouver International Wine Festival. The seminar will be held at the Metropolitan Hotel in Vancouver, Canada on Monday, February 26, 2018, from […]
While many in the industry have celebrated the passage of the Craft Beverage Modernization and Tax Reform components of the Tax Cuts and Jobs Act of 2017, there are a lot of lingering questions about how TTB will interpret these new laws. Many wineries, for capacity reasons or otherwise, have wine made at a facility […]
It is a new year, which means new employment-related laws. Here is a quick look at the highlights: Minimum wage is $10.50 per hour for employers with 25 or fewer employees. It is $11.00 per hour for everyone else. The new IRS reimbursement rate for business travel is 54.5 cents per mile, up one cent […]