Wineries

Overview


Wendel Rosen handles many transactional and litigation matters for clients in the wine, beer and alcoholic beverage industry, assisting wineries, wine growers and craft breweries throughout California in business and real estate transactions, including green building, trademark and copyright issues, advertising (sweepstakes and contests), employment matters, business and real estate issues, agricultural, environmental, CEQA and land use matters. The firm also represents clients in various aspects of the food and wine industry, including growers, manufacturers, packers, food storage and transportation providers, wholesalers and retailers, including many in organic and sustainable crop production. Wendel Rosen's Restaurant practice advises numerous restaurants and bars of all sizes in various legal matters, including regulatory issues.  Our experience includes:

Business Operations

  • Business entity formation and ownership, including sole proprietorships, partnerships, stocks and shares, corporate structuring, LLCs and S Corps
  • Succession planning for family-owned businesses, estate planning and wealth management matters
  • Mergers, acquisitions and sales of businesses, real property or assets
  • Review of advertising materials
  • Distributor and licensing agreements
  • Wholesaling and retailing issues
  • Insurance matters and coverage litigation
  • Financing
  • Equipment leasing
  • Regulatory compliance and registrations (licenses, recordkeeping, labeling, tied house laws)

Intellectual Property and Advertising

  • Intellectual property protection & enforcement (trademark, copyrights, trade secrets)
  • Review of advertising materials
  • Sweepstakes & contests
  • Product labeling issues
  • "Organic" and "Natural" labeling
  • Claims of false advertising

Employment Counseling and 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           

Land Use and Environmental Issues

  • CEQA and environmental impacts of agricultural properties
  • Permits, entitlements and licenses
  • Environmental due diligence and compliance
  • Erosion control compliance
  • Wastewater management issues

Real Estate

  • Construction negotiations and contracts
  • Property acquisitions and sales
  • Construction defect litigation
  • Easements
  • Green building (see below)      

Green Business

  • Organic labeling
  • Green building and design, including incentives and tax breaks
  • LEED certification
  • Environmentally sound waste disposal
  • Carbon reduction
  • Solar installations, power purchase agreements    
  • Sustainable crop production

 

Experience
  • Recovered $1.8 million from one of the largest mechanical contractors in the U.S. who abandoned a winery project in Northern California.  The total attorneys’ fees expended for the client in this matter were less than $125,000.

  • Represented the owners of a Napa County vineyard in negotiating a settlement of a Cleanup and Abatement Order in which the agency initially sought penalties and site restoration that could have cost the client several million dollars. The final resolution required only an off-site mitigation program, which cost the owners $15,000.

  • Advised major Napa Valley vintner on CEQA, wetlands and vineyard development permits.

Attorneys
  • Dambrov, Matthew E.
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  • Flushman, Bruce S.
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  • Hausrath, Les A.
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  • Pak, Eugene M.
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  • Redding, Jonathan W.
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  • Wasserman, R. Zachary
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  • Waxman, Richard P.
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Events & Seminars