Brewery & Distillery Law

Brewery AttorneyAttorneys that practice in this area: Jim Ludwig

As the craft brewing industry continues its rapid growth here in the Tri-State, its legal concerns will develop along with it. The legal community needs to step up to address the unique needs of this industry. Why not hire a friend? Like a customer who has likely frequented your establishment to share a pint or two. A customer who also happens to be a seasoned business attorney. Why not hire Jim Ludwig?

REGULATORY COMPLIANCE AND INTERNAL AUDITS

Not surprisingly, the beer and spirits industry is heavily regulated. It’s important to keep your company on the right side of the TTB. If not, you or your company could be subject of a fine of $1,000 or up to 1 year in prison for each offense. Using his background in dealing with other major federal agencies such as the DOL, EEOC, and OSHA, Jim looks forward to helping your company maintain compliance with the litany of TTB recordkeeping and compliance requirements, including but not limited to the following:

  • Maintaining accurate records, including but not limited to those related to consumption, bottling, testing, and production
  • Calculating the total consumption for purposes of generating an accurate excise return
  • Updating registrations and licenses at the appropriate time or upon the happening of specific events

EMPLOYMENT LAW

The sale and manufacture of alcohol creates a unique set of issues for the beer and sprits industry. It’s important to maintain coherent policies to address these issues. Using his background in handling numerous employment issues for a 1500 employee company, Jim looks forward to helping your company handle the following employment issues:

Creating and maintaining an Employee Handbook specific to your establishment
Generating consistent, responsible policies regarding consumption at work
Utilizing tip credits to maintain compliance with minimum wage obligations
Protecting your recipes, processes, and trade secrets through the use of Confidentiality
Agreements, Non-Disclosure Agreements, and Non-Compete Agreements
Many, many, more

PROTECTING YOUR BRAND

As more and more brands flood the marketplace, it is more important than ever to take the necessary steps to protect distinct characteristics that define your brand and adorn your cans, bottles, and tap handles. Consider setting up a consultation with Jim to select a legally enforceable brand, register your brand for trademark protection with the U.S. Trademark Office. Once your mark is established, Jim will help police that mark from any improper use by others.

DISTRIBUTION AGREEMENTS

These agreements can be a trap for the unwary manufacturer or supplier. Let Jim use his years of contract experience to help create and negotiate the fairest possible agreement for your needs. The following is a small sampling of the expectations/standards that Jim will help define within these agreements:

  • Annual Business Plans
  • Reasonable Inventory Requirements
  • Brand Rotation/Code Date Compliance
  • Product Storage/Transportation
  • Depletion Reports/Site Inspection
  • Drive along
  • Training Requirements
  • Brand Manager Standards
  • Craft Experience
  • Good Cause Termination Process

Jim
looks forward to handling any of your regulatory, employment, branding, and contract needs….and sharing a pint or two as well!