Rather than launching a new Florida alcoholic beverage manufacturer, it might be better to buy an existing operation. The Buyer gets a built-out premises, with all the equipment and buildout already in place, and a built-in customer base. The Seller gets to move onto other things. Business transfer transaction are always complicated, and even more so in a heavily...
Continue ReadingBrewdog Brewing Asked About a Flaw in the Florida Beer Franchise Law In 2020, Brewdog Brewing Company LLC (“Brewdog”) asked the Florida Division of Alcoholic Beverages and Tobacco (ABT) what the word “successor” means as used in the Florida Beer Franchise Law, Florida Statutes Section 563.022(16). At stake was whether would be bound to the distribution agreements that had...
Continue ReadingA love for collaborations–“collabs”–is among the (many?) things that hip hop artists and craft alcohol manufacturers share in common. In both cases, the final product often appears to be a spontaneous creation of free-flowing, shared artistry. The reality is–or at least should be–a carefully plotted and executed navigation of fundamental questions about ownership, commercialization, and distribution. Whether a record...
Continue ReadingSometimes an alcoholic beverage brand developer wants to focus on developing and promoting a product brand and leave the manufacturing to someone else (sometimes called “white labeling”). This can mean good business for the manufacturer too. Whether the product is classified a beer, wine, or distilled spirits, a variety of contract manufacturing arrangements are available in Florida. This article...
Continue ReadingForce Majeure: It’s Out of Control “Force majeure” is one of those legal terms that might be hard to explain (and spell), but you know it when you see it. The term literally means “superior force,” but it has come to mean any extraordinary event that is beyond the control of contracting parties. Force majeure events might include acts...
Continue ReadingBeverage manufacturers–breweries, wineries, and distilleries–are often the creation of a core group of owners. One of the owners might be the mad-scientist brewer, who loves to create new style-busting beers. Another might be the marketing genius, who believes that a beer can be sold with the right branding and marketing. Still another might be the financier, who knows a...
Continue ReadingReading, writing, and revising complicated business contracts: the central parts of my practice. I am often asked to prepare a written contract my client wants to send to a contract partner or to revise a contract they received from their contract partner. For these situations – there are two words that will help save my clients save money: Term...
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