Legal Insights

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries
Josh Zetlin

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry.  Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs.  It also offers financial opportunities for existing wineries with excess capacity.  And, notably, in contrast to the

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Custom Crush Relationships and the Foundational Custom Crush Agreement
Josh Zetlin

Custom Crush Relationships and the Foundational Custom Crush Agreement

Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license

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Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.
Josh Zetlin

Grape Purchase Agreements: Understanding Contracts in the Wine Industry

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of

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Federal Advertising Regulations for Wine Businesses
Hilary St. Jean

Federal Advertising Regulations for Wine Businesses

The Federal Alcohol Administration Act (27 USCA Ch.8, subchapters I-II, Sections 201-219a, as applicable) (The “Act”) authorizes the US Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (the “TTB”) to be the permitting authority for importers, producers, and wholesalers of wine; and to regulate the advertising and marketing of wine, including as relates

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B Corporation Certification: A Guide for Wineries and Beverage Businesses
Hilary St. Jean

B Corporation Certification: A Guide for Wineries and Beverage Businesses

Why B Corporation Certification is on the Rise In California particularly, issues of environmental impact and public impact are at the forefront of corporate and political leadership. In part, this is due to the constant challenges that arise through a highly agricultural geography meeting very tumultuous environmental factors, including drought, fire and flood. This is of heightened importance with industries

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Intellectual Property Considerations for Alcoholic Beverage and Cannabis Labeling
Josh Zetlin

When it comes to Alcohol and Cannabis Labels – Don’t Forget the Intellectual Property!

When scrolling through bottles of wine and beer at your local liquor store, or browsing the cannabis products in a neighborhood dispensary, labels jump out as one of the most important ways for a beverage or cannabis business to connect with its customers. Labels capture consumers’ attention, distinguish products from each other, and convey important information to potential buyers. This

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