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 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).

Patrick R. Akers

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsLitigation

J. David Arkell

Attorney

Alternative Dispute ResolutionConstructionLitigationAdvanced Energy

Jack W. Berryhill

Attorney

Alternative Dispute ResolutionLitigation

Allen N. Bradley

Attorney

Business and CorporateFinance and SecuritiesMergers and AcquisitionsPrivate Equity and Venture CapitalPrivately Held and Emerging CompaniesTaxTrusts and EstatesAdvanced EnergySoftware and TechnologySustainability

Caleena S. Braig

Vice-Chair, Litigation Section

Business and CorporateEmploymentLitigation

James R. Cage

Attorney

ConstructionEmploymentIntellectual PropertyLitigationFinancial ServicesInsurance

Vikrama S. Chandrashekar

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsLitigationAdvanced EnergyBrewing and DistillingMedia and Entertainment

Frederic K. “Jerry” Conover

Of Counsel

Alternative Dispute ResolutionLitigation

Rebecca B. DeCook

Attorney

Administrative LawEmploymentLitigationPrivate Equity and Venture CapitalAdvanced EnergyCommunications

Matt Dillman

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingReal Estate

Keely C. Downs

Attorney

Commercial and Real Estate LendingMultifamily, Planned Communities, Condos, and HousingReal EstateAdvanced EnergySustainability

Georginne Dudash

Attorney

Real Estate

Andrew T. Flynn

Attorney

ConstructionEmploymentIntellectual PropertyLitigationReal EstateInsurance

Paul R. Franke, III

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsBusiness and CorporateFinance and SecuritiesLitigationPrivate Equity and Venture CapitalReal EstateCommunicationsFinancial Services

Heidi J. Gassman

Attorney

Business and CorporateCommercial Real Estate DevelopmentCommercial Real Estate LeasingConstructionReal EstateTrusts and Estates

Rebecca B. Givens

Chair, Real Estate Section

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingConstructionPrivate Equity and Venture CapitalPrivately Held and Emerging CompaniesReal Estate

Steven J. Gockley

Attorney

ConstructionReal Estate

Garrett Graff

Attorney

Business and CorporateMergers and AcquisitionsReal EstateBrewing and DistillingFood and BeverageManufacturing

Scott P. Greiner

Attorney

Business and CorporateTaxTrusts and Estates

Arthur K. Griffin

Attorney

Business and CorporateCommercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingReal EstateBrewing and Distilling

Lynne M. Hanson

Attorney

Business and CorporateFranchise and DistributionIntellectual PropertyMergers and AcquisitionsPrivate Equity and Venture CapitalFinancial ServicesFood and Beverage

Jordan E. Helton

Attorney

Litigation

Nick R. Herrick

Attorney

ConstructionEmploymentLitigationInsurance

Allison M. Hester

Attorney

Intellectual PropertyLitigation

Patrick J. Hickey

Attorney

EmploymentFinance and SecuritiesLitigationReal EstateAdvanced Energy

Yasaman H. Hosseini

Attorney

Business and CorporateInternational Transactions and Dispute ResolutionMergers and AcquisitionsPrivate Equity and Venture CapitalReal EstateTrusts and EstatesAdvanced Energy

Paul W. Jordan

Attorney

Law Practice, Regulation, Ethics, and Professional LiabilityLitigationInsurance

Danielle M. Kane

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentConstructionReal EstateSustainability

Kole W. Kelley

Attorney

Administrative LawReal EstateAdvanced Energy

John W. Kellogg

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsBusiness and CorporateFinance and SecuritiesFranchise and DistributionMergers and AcquisitionsPrivate Equity and Venture CapitalPrivately Held and Emerging CompaniesAdvanced EnergyManufacturingBlockchain Technology

David A. Laird

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsCommercial and Real Estate LendingConstructionLitigationReal EstateFinancial Services

Jennifer Knight Lang

Attorney

ConstructionLitigationReal EstateInsurance

Lilly G. Lentz

Attorney

Alternative Dispute ResolutionConstructionEmploymentLitigation

Chris Levkulich

Attorney

Business and CorporateMergers and AcquisitionsMultifamily, Planned Communities, Condos, and HousingReal EstateTaxTrusts and Estates

Eric B. Liebman

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsConstructionEmploymentFinance and SecuritiesLaw Practice, Regulation, Ethics, and Professional LiabilityLitigationReal EstateTrusts and EstatesAdvanced EnergyFinancial ServicesInsurance

Thomas M. List

Attorney

Commercial Real Estate LeasingConstructionEmploymentLitigationReal Estate

Charles F. Luce, Jr.

Attorney

Intellectual PropertyLaw Practice, Regulation, Ethics, and Professional LiabilitySoftware and Technology

Joseph W. Mark

Attorney

Alternative Dispute ResolutionBusiness and CorporateLitigation

Courtney A. McShane

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingReal Estate

Jason T. Moilanen

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingReal Estate

John E. Moye

In Memoriam

Dean Nakayama

Chief Operating Officer

Edwin A. Naylor

Vice-Chair, Business Section

Business and CorporateIntellectual PropertyMergers and AcquisitionsManufacturing

Elizabeth G. Penn

Attorney

Business and CorporateMergers and AcquisitionsPrivate Equity and Venture CapitalPrivately Held and Emerging Companies

Merc Pittinos

Managing Partner

Commercial and Real Estate LendingLitigationReal Estate

Tasha J. Power

Attorney

Commercial Real Estate DevelopmentCommercial Real Estate LeasingReal Estate

Alexandra Renes

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingConstructionReal Estate

Dean Richardson

Chair, Litigation Section

Franchise and DistributionLitigationReal Estate

Zaki Robbins

Chair, Business Section

Business and CorporateFinance and SecuritiesMergers and AcquisitionsPrivate Equity and Venture CapitalAdvanced Energy

Nikki Roberts

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingReal EstateFinancial Services

Chris W. Scolari

Attorney

Trusts and EstatesAdvanced Energy

Tanya A. Sevy

Attorney

Administrative LawConstructionEmploymentLitigation

Michael R. Siavage

Of Counsel

Business and CorporateFinance and SecuritiesIntellectual PropertyMergers and AcquisitionsPrivately Held and Emerging CompaniesSoftware and Technology

Timothy M. Swanson

Attorney

Bankruptcy, Restructuring, and Creditors’ RightsCommercial and Real Estate LendingLitigationFinancial Services

Nicholas H. Thompson

Attorney

Business and CorporateMergers and AcquisitionsTrusts and Estates

Jake J. Tiernan

Vice-Chair, Real Estate Section

Commercial and Real Estate LendingCommercial Real Estate LeasingReal EstateBrewing and Distilling

Tanner J. Walls

Vice-Chair, Litigation Section

Administrative LawCommercial Real Estate DevelopmentEmploymentLaw Practice, Regulation, Ethics, and Professional LiabilityLitigationLaw Firms and Lawyers

Daniel C. Wennogle

Attorney

ConstructionLitigationReal Estate

Edward D. (Ted) White

Attorney

Alternative Dispute ResolutionBusiness and CorporateFinance and SecuritiesMergers and AcquisitionsPrivate Equity and Venture CapitalPrivately Held and Emerging CompaniesReal EstateAdvanced EnergyFinancial ServicesSustainability

Jana Willsey

Attorney

Commercial and Real Estate LendingCommercial Real Estate DevelopmentMultifamily, Planned Communities, Condos, and Housing

Mark W. Yoder

Attorney

Business and CorporateCommercial and Real Estate LendingCommercial Real Estate DevelopmentCommercial Real Estate LeasingConstructionEmploymentFinance and SecuritiesMergers and AcquisitionsPrivate Equity and Venture CapitalReal Estate

Tami York

Attorney

Business and CorporateCommercial Real Estate LeasingConstruction