The craft beer industry continues to expand and grow at a rapid pace as craft breweries constantly innovate, bringing interesting new beers and brands to the market. Consumers are also becoming more knowledgeable, demanding locally-brewed beers, organic ingredients, and other innovations. New craft breweries open every week and new beers are introduced every day, and the large breweries are taking notice too.
Your Business Needs on Top
To compete in this dynamic marketplace, craft breweries not only need to brew top quality beers, but also need to be effective businesses. The attorneys at Wendel Rosen are particularly well-suited to advise craft breweries on a wide range of legal issues affecting their business. From business entity formation, to obtaining permits, to real estate leasing and land use issues, to protecting trademarks, and employment law issues, our attorneys have the experience and knowledge to advise craft breweries on virtually all of their legal needs.
Industry Immersion
Wendel Rosen is an allied member of both the national Brewers Association and the California Craft Brewers Association (CCBA) and is a supporter of craft beer events. Attorneys frequently speak at industry conferences and write about issues affecting the craft brewing industry.
Leadership
The firm is a certified B Corporation and was a leader in enacting legislation to establish Benefit Corporations in California, a new legal corporate status that requires companies to consider impacts on society, employees and the environment, as well as profits, and gives the companies the freedom to prioritize these at their discretion. We are also a recognized leader in the green business community. We were the first law firm in the country to be third-party certified as a green business (by the Bay Area Green Business Program in 2003).
Representative matters for craft brewers and brew pubs include:
- Filing and registering trademarks for craft breweries and restaurants
- Trademark infringement litigation
- Land use approvals
- Alcoholic Beverage Control and tied house regulations
- Employment law issues, including wage and hour
- Advertising and marketing matters (sweepstakes)
Business Formation and Operations
- Business entity formation and ownership, including sole proprietorships, partnerships, stocks and shares, corporate structuring, LLCs and S Corps
- Mergers, acquisitions and sales of businesses, real property or assets
- Distributor and licensing agreements
- Wholesaling and retailing issues
- Insurance matters and coverage litigation
- Financing
- Regulatory compliance and registrations (licenses, recordkeeping, labeling, tied house laws)
- Succession planning for family-owned businesses, estate planning and wealth management matters
Intellectual Property | Advertising
- Filing and registering trademarks and copyrights
- Review of advertising materials
- Sweepstakes and contests
- Product labeling issues
- “Organic” and “Natural” labeling
- Claims of false advertising
Land Use | Environmental Issues
- CEQA and environmental issues
- Permits, entitlements and licenses
- Environmental due diligence and compliance
- Wastewater management issues
Real Estate
- Leases
- Construction negotiations and contracts
- Property acquisitions and sales
- Construction defect litigation
- Easements
Employment Counseling | Litigation
- Employment contracts
- Supervisor and employee training
- Employment policies and manuals
- Wage and hour matters
- Defending employee administrative claims and litigation
- Defending discrimination claims
- I-9 compliance and ICE audits
Green Business
- Organic labeling issues
- Green building and design, including incentives and tax breaks
- LEED certification
- Environmentally sound waste disposal
- Carbon reduction
- Solar installations, power purchase agreements
Publications
Proposition 65 – Continuing Challenges for Food Industry
01/14/2019 | Client Update
Many in the food industry are still unaware that in addition to following extensive federal labeling laws, they must also be attentive to a unique California public disclosure law known…
Full Article
Beer and Brands
10/01/2018 | Beverage Master
Craft brew and intellectual property attorney Eugene Pak recently wrote an article for Beverage Master magazine about selecting a unique name that will pass trademark muster. His article begins on…
Full ArticleEvents
Respectful Branding: Trademark Law and Practical IP Due Diligence
06/03/2021 | Wendel Rosen
Wendel Rosen Attorney Eugene M. Pak and craft beer industry leaders Tomme Arthur (The Lost Abbey), Sam Calagione (Dogfish Head), and Mark Sorini (Brewers Association) examined how to establish world-class…
Full Article
Meet The Legal Experts
05/02/2018 | Brewers Association's Craft Brewers
Food and Beverage Attorney Eugene Pak took part in the “Meet The Legal Experts” on Wednesday, May 2, 2018 as part of California Craft Brewers Association’s Conference in Nashville, TN. Registration…
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California Craft Brewers Association Fall Conference
11/05/2017 | California Craft Brewers Association
Wendel Rosen is pleased to sponsor the California Craft Brewers Conference hosted by the CCBA, which will be held November 5, 2017 – November 7, 2017 at the Double Tree…
Full Article| Date | Category | Host | Title |
|---|---|---|---|
| 10/22/2017 | Seminar | Food Craft Institute | Starting Your Own Craft Brewery: Business & Legal Considerations |
| 05/23/2017 | Seminar | California Craft Brewers Association | Know Your ABC’s Seminar |
| 05/22/2017 | Seminar | California Craft Brewers Association | Expert-Is-In Session (ABC Issues) |
| 02/13/2017 | Seminar | Bavarian Breweries & Distilleries | So You Want to be A Distiller: Licensing, Labeling and Reporting Requirements |
| 11/14/2016 | Seminar | California Craft Brewers Association | The Expert Is In (ABC Issues) |
| 11/13/2016 | Sponsorship | California Craft Brewers Association | California Craft Brewers Conference |
| 10/29/2016 | Seminar | Food Craft Institute | Legal Tips for Craft Breweries |
| 09/18/2016 | Seminar | Bavarian Breweries & Distilleries | So You Want to be A Distiller: Licensing, Labeling and Reporting Requirements |
| 06/06/2016 | Seminar | Bavarian Breweries & Distilleries | So You Want to be A Distiller: Licensing, Labeling and Reporting Requirements |
| 05/03/2016 | Seminar | Brewers Association's Craft Brewers Conference | Top Ten Legal Tips for Craft Breweries |
| 01/22/2016 | Sponsorship | San Francisco Brewers Guild | SF Beer Week 2016 |
| 10/25/2015 | Seminar | Food Craft Institute | The Business of Beer: Legal Issues |
| 10/15/2015 | Seminar | The Bar Association of San Francisco | Brewery Law Basics |
| 04/03/2014 | Seminar | Brewers Association's Craft Brewers Conference | Trademark Law: Picking, Protecting and Policing Your Brands |
| 11/12/2013 | Seminar | Sonoma County Beer, Cider & Spirits Conference | Financing and Resources for the Sonoma Artisan Community |
| 02/17/2013 | Sponsorship | SF Beer Week | Celebrator Beer News’ 25th Anniversary Brewers’ Party |
News
Eugene Pak Comments on MolsonCoors Case in World Trademark Review
05/14/2020 | World Trademark Review
Eugene Pak, head of Wendel Rosen’s Alcoholic Beverage Law practice and IP group, was quoted in the World Trademark Review (May 7, 2020) on the Seventh Circuit’s recent decision in…
Full Article
Eugene Pak Teaches Beer Law Course at UC Davis School of Law
05/01/2020 | Wendel Rosen LLP
Eugene Pak, who heads up Wendel Rosen LLP’s Alcohol Beverage Law practice, taught a course on “beer law” last month (April 2020) at the UC Davis School of Law, via…
Full Article