LEX VINI

2020: The Year Testing Availability and Technology Failed Our Wine Industry Economy

Accurate, available and cost-effective diagnostic tools have never been more critical to economic survival than in 2020.  While the world waits for a COVID-19 vaccine, large segments of our economy have been closed or hamstrung by government restrictions or voluntary measures implemented to slow the spread of the novel coronavirus.  The lack of readily available, […]

Join DP&F’s Richard Mendelson for Free Webinar: Doing Business in the Time of COVID

DP&F’s Richard Mendelson will be the moderator for a star-studded panel of Napa business executives in a free Zoom webinar on Doing Business in the Time of COVID.  Giving the perspective of the wine industry will be Jean-Charles Boisset, owner of Raymond Cellars and JCB Collection, and Emma Swain, CEO of St. Supery Estate Vineyards […]

Trademarks at the Supreme Court: The Court Extends Trademark Registration to “Generic.com” Brands

On June 30, 2020, the Supreme Court issued its second and final trademark opinion of the 2019 – 2020 term. The first opinion resolved a circuit split on the availability of profit remedies for trademark owners; the second determined the eligibility for trademark registration of compound generic marks. In Romag Fasteners, Inc. v. Fossil, Inc., […]

PPP Forgiveness Terms Substantially Relaxed

The terms of the usage of PPP loans were just substantially relaxed by the Paycheck Protection Program Flexibility Act of 2020 – H.R. 7010.  PPP recipients now have 24 weeks (the “covered period”), to use the loan proceeds instead of the original eight weeks and still receive forgiveness of the loan amounts.  However, recipients of […]

Updated PPP Guidance Deems Smaller Loans ‘Necessary’

Today, May 13, 2020, the Treasury Department issued a major revision to its interpretation of the Payroll Protection Program’s requirement that loans under the program be “necessary.”  On April 24, it had issued proposed rules regarding the required certification that the “current economic uncertainty makes this loan request necessary,” and provided a safe harbor for […]

Potential Penalty Relief for Late Property Tax Payments Related to COVID-19

Property owners who missed the April deadline for paying the second installment of real property taxes because of the COVID-19 pandemic may be eligible for relief from late payment penalties.  But to get this relief, you may need to act soon. ALERT: On May 6, 2020, Governor Newsom issued Executive Order N-61-20, directing county tax […]

Highlights of Napa County’s Updated Shelter in Place Order Including Cloth Face Covering Requirement

On May 7, 2020, Napa County issued an Order modifying the prior Shelter in Place Order that was issued on April 22, 2020. The full text of the Order can be found here, and the updated FAQs are here. Here are the key changes in the new Order: The Order requires wearing cloth face coverings […]

Managing Onsite Employees During COVID

Many of you have continued to have employees work at your facility and others are preparing to re-open and/or have employees return to the workplace.  There are many key issues to consider in having onsite employees and we have attempted to address the majority of them below. Note that the specific requirements will vary depending […]

CA ABC and TTB Provide Guidance to Wineries on Virtual Tastings

In light of the wide-spread shut-downs and disruptions resulting from the Covid-19 pandemic, both the California Department of Alcoholic Beverage Control and the Alcohol and Tobacco Tax and Trade Bureau have recently provided guidance to wineries that are now venturing into the new world of “virtual” wine tastings that occur online. ABC’s latest Notice of […]

Additional Paycheck Protection Program Funding Approved; Disaster Loan Program Expanded To Farmers

On April 24, H.R. 266, the Paycheck Protection Program and Health Care Enhancement Act, was signed into law. In addition to providing significant funding for health care providers ($75 billion) and testing ($25 billion), the stimulus package revives the CARES Act’s Paycheck Protection Program (PPP) with an additional $310 billion in funding for forgivable loans.  This […]

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