Articles by: Melvin Cheah

Making Sure Your Wine, Beer or Spirits Club Complies with State and Federal Law

The California Department of Alcoholic Beverage Control (“ABC”) recently issued a new Industry Advisory regarding subscription services. In the alcohol beverage industry, we often see subscription services in the form of automatic renewal wine clubs, beer-of-the-month clubs, and/or spirits clubs, where customers sign up to receive future shipments of a licensee’s offering of wine, beer, […]

U.S. Trademark Office Issues Cannabis Registration Guidance

On May 2, 2019 the USPTO released its Examination Guide 1-19, Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill (here: https://www.uspto.gov/sites/default/files/documents/Exam%20Guide%201-19.pdf) , which aims to clarify the procedure for examining marks for cannabis and cannabis-derived goods and for services involving cannabis and cannabis production following the […]

UPDATE: Grapegrowing and FSMA Compliance

The FDA has issued guidance for its enforcement policy on the Produce Safety Rule, part of the FDA Food Safety Modernization Act (FSMA). The Produce Safety Rule identifies certain produce as “not covered” or eligible for an exemption to Product Safety Rule compliance.  The primary exemption is with respect to “rarely consumed raw” produce.  As […]

2019 Employment Law Update: Compliance in the New Year

Each January California employers have to ask themselves the question, what’s new in employment law?  2019 is no exception, as there have been a number of changes employers should be mindful of as we enter the New Year.   Here are some of the key changes affecting California employers this year: Salary History: Finally, the question […]

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 […]

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 […]

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 […]

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 […]

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 […]

Napa County to Consider Minimum Parcel Size for Winery Development

Napa County’s Agricultural Protection Advisory Committee will be holding a hearing on Monday, April 27, 2015 at 9:00 am to discuss (1) the minimum parcel size for establishing new wineries in the agricultural preserve, (2) the net loss of vineyards associated with winery development and/or expansion; and (3) the role of estate grapes in winery […]

Napa County Appoints Agricultural Protection Advisory Committee

Last week, the Napa County Board of Supervisors appointed members to the recently-formed Agricultural Protection Advisory Committee (“APAC”). APAC is an advisory body of the Napa County Planning Commission, and it was formed in order to evaluate and make policy recommendations on Napa County’s Winery Definition Ordinance and other regulations governing winery development within Napa […]

2015 Sonoma Beer, Cider & Spirits Conference (Friday, Feb. 27)

The Sonoma County Economic Development Board will be hosting its  2015 Sonoma County Beer, Cider & Spirits Conference this Friday February 27, 2015 at the Hyatt Vineyard Creek Hotel & Spa in Santa Rosa, CA.  The event will feature a panel discussion on regulatory issues facing alcohol beverage producers, and DP&F Senior Counsel Bahaneh Hobel […]

Margrit Mondavi: A Personal History of Napa Valley

On April 28, 2014, DP&F’s Richard Mendelson conducted an interview of Margrit Mondavi at the North Bay Business Journal’s annual Impact Napa conference.  NBBJ has made the video of that interview available online. This interview provides a rich personal history of Napa Valley from one of its most celebrated citizens. Mrs. Mondavi is the Vice President […]

Wine Law Refresher for Napa Valley Vintners Members

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 […]

Trends in Wine Package Design

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, […]

Branding Strategies in Agricultural Commodities: Vineyard & Block Designates

By Katja Loeffelholz, Dickenson, Peatman & Fogarty The prominence of vineyard-designated wines is another lesson in value-added agricultural branding which presents both the winery and the vineyard owner or lessee with a number of marketing and legal issues. Recognizing the value of vineyard designated names, vineyards have long been designating blocks within their vineyards with […]

Napa River’s Low Surface Flow Levels May Affect Napa Wineries & Vintners

Napa County’s agricultural water users rely on both groundwater and surface water flow to provide frost protection and irrigation. Similar to other areas of the state, it is anticipated that Napa vineyard owners will rely on groundwater resources to make up any shortfalls in surface water availability. Many vintners rely on the surface flows from […]

Dickenson Peatman & Fogarty to present “Exporting Wine to China” to Sonoma County Vintners

Dickenson Peatman & Fogarty attorneys will be presenting “Exporting Wine to China” to the Sonoma County Vintners on Wednesday, April 8th from 9:30am – 11:00am. The seminar will be held at the SCV offices: 3637 Westwind Blvd., Santa Rosa. “This is a timely seminar as our members will be heading to China on an export […]

Annual “Best Practices in Winery Operations” Seminar (March 27-28, 2014)

Dickenson Peatman & Fogarty attorneys will be featured speakers during the upcoming “8th Annual Best Practices in Winery Operations: Risks and Rewards” to be held on March 27 & 28, 2014 in Napa. The seminar (which offers California CLE Credits) will cover the following: Legal and Regulatory Update County Audits and Compliance with Land Use […]