Crafting Growth for Breweries, Distilleries, and Wineries
Moye White’s attorneys understand the challenges facing today’s breweries distilleries, and wineries -- and the companies that support them up and down the supply chain. We help manufacturers, distributors, suppliers, and producers in this burgeoning, highly competitive industry to establish, grow, and strengthen their businesses.
We act as your trusted advisor and handle complex industry regulations while you focus on your passion. Our Brewing and Distilling Practice Group consists of seasoned professionals experienced in licensing and permitting, corporate selection and formation, raising capital, real estate, construction, intellectual property, litigation, distribution, tax, employment, and bankruptcy.
We serve as outside general counsel to businesses, providing legal services as needed, including:
Licensing and Permitting
- Local, state, and federal licensing for manufacturing, distribution, and sales
- Brewery vs. brew pub
- COLA (labeling) authorization
- Interstate distribution
- TTB compliance
- Special events, including festivals and tastings
Corporate Selection and Formation
- Determination of proper entity (e.g., S-Corp vs. Limited Liability Company) to limit liability and assist in transitioning owners out of the business
- Draft articles of incorporation, operating agreements, and bylaws
- Assist in mergers and acquisitions and other significant corporate structure events
Raising Capital and Securities
- Navigate the pitfalls that surround raising capital from investors, including family, friends, and accredited investors
- SBA and Equipment Financing
Real Estate
- Purchase and leasing of property or land
- Analysis of relevant brewing and distilling issues such as noise, odor, and nuisance regulations
Intellectual Property
- Protect your brand
- Ensure that your trademarks, product names, and recipes are protected
- Enforce your intellectual property trademarks, copyright, and patents
Construction Defects
- Navigate the lien process
- The assertion of claims in which construction work was done improperly and needs to be repaired
- Assist with claims of delay in the construction process
Employment
- Counsel businesses on compliance in a wide array of employment matters
- Advise businesses on policies and agreements and provide training related to disability and accommodation, drug testing, discrimination, trade secrets, workplace safety, and workplace and workforce management
- Assist clients with the resolution of employment matters
- Represent businesses before federal and state administrative agencies, such as the Department of Labor and the Equal Employment Opportunity Commission, and state and federal courts
Tax
- Navigate the complicated issues involving corporate and LLC taxation