Articles by: John Trinidad

Small Producer Tax Credit Pitfalls: The K Vintners Case

When is a small producer not a small producer?  That was the question answered by a federal district court in a case that centered on a winery’s ability to claim a small producer tax credit for wine produced at another winery (K Vintners v. U.S., Case No. 12-cv-05128-TOR (E.D. Wa. Jan 21, 2015)). Background on the Small Producer Tax Credit. […]

New Bill to Aid Private Equity Firms Applying for ABC License

The California Senate Committee on Governmental Organization is considering a bill to streamline the process for qualification of private equity firms seeking to hold an interest in a state alcohol beverage license.  SB 796 would add Section 23405.4 to the California Business and Professions Code, which would allow a private equity fund to hold a license and […]

Best Practices in Winery Operations Conference (Napa, 3/19 – 3/20)

  James W. Terry Director at Dickenson, Peatman & Fogarty and chair of the firm’s business practice group, will serve as as program co-chair at the annual “Best Practices in Winery Operations” conference hosted by The Seminar Group, to be held on March 19 and 20, 2015 at The River Terrace Inn in Napa, California.  The conference touches on many […]

Regulatory Hurdles for DTC, Social Media, and Third Party Sales Channels

During last week’s Unified Wine & Grape Symposium, DP&F attorney John Trinidad moderated a panel discussion titled, “Regulatory Hurdles for DTC, Social Media, and Third Party Sales Channels.” Trinidad led off the session with a presentation describing how the Internet has “disrupted” the wine industry’s traditional sales and marketing models.  You can access Trinidad’s PowerPoint presentation by clicking on […]

03.19.2015 Best Practices in Winery Operations

Thursday-Friday, March 19-20, 2015 9:00am -5:00pm The River Terrace Inn Napa, CA James W. Terry Director at Dickenson, Peatman & Fogarty and chair of the business practice group, will serve as as program co-chair at the annual “Best Practices in Winery Operations” conference hosted by The Seminar Group, to be held on March 19 and 20, 2015 at The River […]

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NYSLA, Empire Wine and Due Process

On January 23, the New York State Liquor Authority is scheduled to hold a hearing to determine if retailer Empire Wine & Spirits (“Empire”) engaged in “improper conduct” that warrants the suspension, cancellation or revocation of the retailer’s New York liquor license.  According to the SLA’s Notice of Pleading, Empire allegedly shipped wine to consumers […]

01.28.2015 Unified Wine & Grape Symposium

DP&F Attorneys will be attending the annual Unified Wine & Grape Symposium (“UWGS”) on January 28 and 29, 2014 in Sacramento, CA. UWGS is the industry’s largest trade show in North America. Please stop by and visit us in Booth 939 and join us for our annual reception on Wednesday, January 28, 2014 from 6-9pm at the […]

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States Claim Colorado Marijuana Laws are Unconstitutional

Earlier this week, Oklahoma and Nebraska filed a motion and complaint with the U.S. Supreme Court challenging Colorado’’s implementation of Amendment 64, the state constitutional amendment legalizing the cultivation and sale of marijuana. According to the brief, both Oklahoma and Nebraska have suffered damages as a result of Colorado’’s legalization of marijuana in the form […]

Launching New Wine Brand Without a Winery

Beverage Trade Network recently published an article “Launching New Wine Brand Without a Winery” by DP&F attorneys John Trinidad and Katja Loeffelholz on insights on how to navigate legal hurdles when entering the wine industry. The article explores some of the key legal and regulatory issues facing “virtual wineries,” including securing the right licenses and […]

California Tied House Laws and Social Media

According to a recent article in the Sacramento Bee, the California Department of Alcoholic Beverage Control (“ABC”) recently accused a California winery of violating tied house laws by sending the following tweet:  “Two days till @SaveMart Grape Escape in Downtown #Sacramento!” SaveMart Supermarkets holds a California alcohol beverage retailer license, and the ABC considered the […]

Groupon to Launch Wine Brand?

During a review of wine labels on ShipCompliant’s LabelVision database, we came across several new COLAs issued to  Top it Off Bottling, LLC and Appellation Trading Company, LLC (Type 02 licensed winegrower based in Napa) listing the fictitious business name “Groupon Wines” and bearing a GROUPON WINES word mark on the front label.  The wines include: Chatty […]

Diageo and Major Brands Settle Franchise Law Dispute

This is the way most franchise law litigation ends:  not with a bang, but with a whimper.  After over a year of legal jostling, Diageo and Major Brands have apparently reached settlement, according to Missouri news outlets. Suppliers trying to terminate their relationship with a Missouri distributor should closely review a state court opinion issued in the same […]

21st Amendment Litigation: NY Wine Retailer Sues NYSLA

Nine years ago, the U.S. Supreme Court held that a New York law that discriminated against out of state wineries violated the Commerce Clause, and rejected arguments that the 21st Amendment protected such laws from constitutional scrutiny. New York now finds itself at the center of yet another Commerce Clause/ 21st Amendment controversy pitting Empire Wine & Spirits LLC, […]

Franchise Law Trial Begins in Missouri

After 18 months of discovery and motion practice, Diageo and Missouri distributor Major Brands will have their day in court to determine if state franchise law prevents Diageo from terminating its Missouri distribution agreement. In March 2013, Major Brands brought suit in Missouri state court against Diageo and its new Missouri distributor, Glazer’s, claiming that the […]

Earthquake-Related Info from ABC & TTB

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 […]

Impact-Napa Conference Focuses on Past, Present and Future of Napa Valley

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 […]

DP&F Attorneys Receive “Super Lawyers” Distinction

DP&F is pleased to announce that two of our senior attorneys were selected as Super Lawyers by their peers.  Richard Mendelson earned his tenth straight distinction for his work in land use matters, and W. Scott Thomas was also recognized for the tenth year in a row for his exceptional work in trust and estates.  […]

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Wine and Spirits Law Academy (Sept. 8-10, 2014)

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 […]

Cava Considers Adoption of Single Estate Classification

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 […]

New California Law Allows Wine Tastings at Farmers’ Markets

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, […]

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