James W. Terry

Of Counsel

  • Biography

    Jim is a Director with Dickenson, Peatman & Fogarty and has extensive experience practicing in the areas of Business, Alcohol Beverage and Real Property matters. He has represented a variety of buyers and sellers in numerous vineyard and winery acquisitions throughout the State of California. His wine industry related practice also includes business entity selection and formation, business planning, particularly in relation to family succession issues, sales and acquisitions, grape purchase agreements and vineyard leasing. While at DP&F, Jim has represented American and International wine companies and grape growers, wine importing companies, wine brokers, developers, REITs, financial institutions and public and private companies in matters ranging from business entity formation and restructuring, real estate sales, acquisitions and leasing, business and asset sales and acquisitions, debt and equity financing transactions, and succession planning. Jim acted as lead counsel for a leading vineyard development company in connection with acquisition and due diligence of vineyard development properties throughout the state of California having cumulative value in excess of $250,000,000. In 2012, Jim was lead counsel for an International wine company in its acquisition of vineyard and wine production facilities in California. In 2013, Jim was recognized by Chambers USA as one of the leading wine industry lawyers in the country.

    Languages:  English, French.

  • Education
    • LL.M. in Trade Regulation, New York University (1978)
    • J.D., University of Santa Clara (magna cum laude, 1976)
    • A.B., University of California, Berkeley (with distinction, 1972)
  • Writings
    • “Business Models for Making Wine and Growing Grapes”, Wine Law In America: Law and Policy May, 2011
    • “A Survey of Local Permitting Issues Applicable to a Stand-alone Winery in California”February, 2009
    • “Grape Purchase Agreements – Why a Handshake  Deal May Not Simplify Your Business” October, 2008
    • “Title Issues in Winery and Vineyard Acquisition Due Diligence”September, 2007
    • “Grapes to Wine: Business Models and the Regulation of Wine Production” August, 2006
  • Presentations
    • Co-Chair, 2014 Best Practices in Winery Operations, March 2014
    • Invited speaker,  “Business Start-ups and Models for Entering the Wine Industry,” 2012 Wine Law Forum 
    • Guest lecturer, University of California School of Law Wine Law & Policy course (2006-2011).
    • Speaker, “Investigating Land Acquisition for Winery and Vineyard Use,” 2012 Best Practices for Owning and Operating a Winery
    • Invited speaker,  “Legal and Tax Issues Facing the Wine Industry,” Wine Law in America Conference, 
    • Invited speaker, “Grape Contracts in Crisis” and “Grape Purchase Contracts – How the Market is Changing Negotiations and Strategies,” 2010 and 2011 Wine Industry Vineyard Economics Symposium
    • Invited speaker, “Tactics and Tools for Business Success in Changing Economic Times,” Napa Valley Vintners Association Seminar 
    • Invited speaker, “Wine Industry Business Models,” 2009 Wine Law in America Conference
    • Invited speaker, “Grape Purchase Agreements and Vineyard Leasing,” 2009 Best Practices for Owning and Operating a Winery 
    • Invited panel member, “Negotiating Grape Purchase Agreements and Vineyard Leases,” 2008 Wine Law Forum 
    • Invited speaker,  “Vineyard and Winery Land Use and Development,” 2008 Best Practices for Owning and Operating a Winery
    • Invited speaker, “Title Issues in Winery and Vineyard Acquisition Due Diligence,” 2007 Wine Law Forum sponsored by the California Continuing Education of the Bar
    • Invited speaker, 2007 Best Practices for Owning and Operating a Winery presenting on Vineyard and Winery Land Use and Development
    • Invited Instructor, Wine Law: A Growing Industry, California Continuing Education of the Bar, September, 2006
    • Invited Speaker, “L’Evolution Des Appellations D’Origine Aux Etats-Unis” presented to the Syndicat du Côte du Rhône, Avignon, France, 2002
  • Associations
    • State Bar of California
    • Napa County Bar Association, Past President and a member of the Real Property and Business Law Sections
    • Napa Valley College Foundation, President 2006-2008 and Emeritus Member of the Board of Trustees
    • Queen of the Valley Hospital Foundation, Honorary Member, Board of Trustees
    • Dickenson, Peatman & Fogarty Managing Director 1999-2005
    • Justin-Siena High School, Board of Trustees 1994-1995