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
  • Taxation of alcohol
 
 

Legal Flight Program
Exclusive for Colorado Brewers Guild Members

Do you have an issue that is constantly in the back of your mind? You know you need to address it, but you haven’t had time. The Legal Flight Program is designed to provide you guidance and the peace of mind on whatever issues you are facing. Sit down with a beer (our treat) and we’ll help you navigate anything including lease agreements, employee issues, trademark matters, and beyond.

Connect with Craig Knobbe or Jessica Hunter for more information.

The Pint: Craft Beer Lawyers Podcast

The Pint is hosted by Billy Jones. Each episode explores the intricacies and challenges of owning and operating a brewery, distillery, winery, or brewpub. We’ll share our experiences, success stories, and lessons learned. Subscribe here for new episodes released monthly.

Publications, Articles, and Blogs

Presentations

Craig Knobbe and Jessica Hunter
Crafting a Plan for Your Brewery Exit or Next Acquisition: What you need to know about M&A
Colorado Craft Brewers Summit,  November 2021

Billy Jones and Jessica Hunter
State of the Industry in a Post-COVID World
Colorado Craft Brewers Summit,  November 2020

Moye White Brewing and Distilling Team
Responding to the Pandemic: How the Colorado Craft Brewing Industry Can Move Forward
Colorado Brewers Guild Webinar, July 2020

Jessica Hunter
Trademarks on Tap: Filtering the World of Trademark Law for Brewers
Colorado Brewers Guild, May 2019

Billy Jones
5 Common Mistakes: Legal Pitfalls for Brewing and Distilling Businesses
Regis University Applied Craft Brewing - Guest Lecture, April 2019

Jessica Hunter and Craig Knobbe
Legal Aspects of Distribution
Second Annual Colorado Craft Brewers Summit, November 2018

Resources

CBG.png Moye White is a proud partner of the Colorado Brewers Guild.
Colorado Association for Viticulture & Enology Moye White is a proud partner of the Colorado Association for Viticulture & Enology (CAVE).

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