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Wine, Beer & Spirits Law

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Carrie L. Bonnington
Partner, Sacramento
T: +1.916.329.4735
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Representing alcohol beverage clients for 100+ years, Pillsbury’s Wine, Beer & Spirits Law practice is nationally ranked by Chambers USA as an industry leader in advising clients based in the United States and throughout the world.

Pillsbury maintains a thriving Wine, Beer & Spirits practice offering clients a complete portfolio of legal services. We have a long history of representing industry-leading clients that goes back to the early 1900s when we helped California’s largest wine company and hundreds of San Francisco-based companies secure insurance reimbursement in a landmark California Supreme Court suit following San Francisco’s 1906 earthquake and fire.

Our lawyers regularly guide clients through the complex array of laws and regulations applicable to the production, distribution, sale, advertising and marketing of alcohol beverages. We represent wineries, distilleries, importers, breweries, wholesalers, retailers (hotels, restaurants, bars, casinos and off-sale retailers) and unlicensed third parties in a variety of matters including regulatory investigations by, and matters before, the federal Alcohol and Tobacco Tax and Trade Bureau and state alcohol beverage control agencies, in general civil litigation, in transactional matters and in conducting internal investigations. Pillsbury lawyers regularly assist our clients in organizing and establishing entities to hold alcohol beverage licenses/permits and in obtaining such licenses/permits. We also represent carefully selected entities in, or related to, the legal medicinal and recreational marijuana industry.

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Built on a core group of lawyers and consultants, our Wine, Beer & Spirits Law team works closely with Pillsbury colleagues in every other practice area that impacts wineries, breweries, distilleries, importers, wholesalers, retailers and third-party providers, offering comprehensive guidance regarding such issues as:

Regulatory Advice and Counseling

  • Tied house and trade practice issues
  • Advertising, promotions, marketing and free goods
  • Federal and state permit/licensing
  • Industry agreements such as grape purchase, custom crush, alternating proprietorship, bottling and distribution agreements
  • Managing intellectual property portfolios, including patents, trademark and copyright due diligence, clearance, prosecution, registration, licensing, protection, policing and litigation
  • Third-party provider models and relationships
  • Direct to consumer sales

Litigation and Investigations

  • Federal and state regulatory investigations
  • License suspension and revocation hearings
  • Administrative hearings on license applications, including denials and protests
  • Distribution agreements and distributor terminations
  • Insurance recovery and defense
  • Internal investigations

Mergers, Acquisitions and Capital Market Transactions

  • Mergers, acquisitions and sales involving all industry sectors, including wineries, vineyard lands, hotels and restaurants
  • Corporate organization and related securities laws
  • Real estate and land use

Our lawyers and our consultants regularly moderate or participate on panels at industry conferences.

Representative Experience

  • Providing regulatory and licensing guidance to beer manufacturers, major wineries importers and national retail chains in connection with various marketing and promotional activities to ensure compliance with state and federal law.
  • Represented several major wineries and hotels in purchasing and selling their businesses in multimillion-dollar sales.
  • Conducted multistate surveys for large importer, national suppliers, national retailer and third-party provider related to tied house, trade practice and pricing regulations. Worked closely with regulators to obtain clarity and guidance on issues.

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  • Regulatory Advice and Counseling
    • For more than 25 years, we have served as California beverage counsel to an international beer company, providing regulatory guidance regarding marketing practices, ownership issues and licensing matters.
    • Drafted a statute (now law) that permits major breweries to produce and bottle cider (technically a wine) without having to get a winery license.
    • Advised wineries on national regulatory issues, including national trade practices, cross-ownership, distributor terminations, brand acquisitions, promotions and event participation, prepared and negotiated industry transactional documents.
    • Analyzed beverage laws throughout the United States for major retailer, provided advice regarding proposed cross-tier relationships, and conducted in-depth due diligence on potential acquisition targets.
    • Advised several large winery portfolios on regulatory compliance; trained employees on state and federal laws regarding social media and other advertising; and negotiated and prepared winery-related agreements and advised on their termination.
    • Represented a national drugstore chain in multiple actions brought by California Department of Alcoholic Beverage Control seeking to suspend or revoke various store licenses.
    • Represented several Nevada Casinos in connection with state and federal trade practice issues.
    • Favorably settled numerous state accusations brought against sector clients in connection with marketing and promotional activities.
    • Represented California’s largest wine trade association in constitutional litigation challenging state laws prohibiting direct shipment of wine from out-of-state wineries to in-state consumers.
    • Successfully represented several alcohol beverage distributors in a series of California alcohol beverage tax-assessment cases.
    • Favorably settled a spirits supplier’s attempt to cancel an international beer company client’s trademark registration alleging likelihood of confusion and dilution. Our client retains its mark registration.
  • Litigation and Investigations
    • Successfully represented numerous suppliers and restaurant companies in connection with allegations of ABC trade practice violations.
    • Prevailed for Hahn Family Wines in multidistrict, multi-defendant litigation alleging that certain California wines contain higher-than-permissible levels of arsenic.
    • Representing Indian Casino regarding retail license application and handling protest hearing before the California Department of Alcoholic Beverage Control. Department initially received 1,000+ protests to the issuance of the license.
    • Successfully defended Ralphs, a large Kroger-owned California supermarket chain, in a wide variety of matters, including ABC litigation.
    • Representing a world-famous French wine estate in protecting its intellectual property, including its distinctive label, and U.S. trademark registrations for its distinctive trade dress and trademarks.
    • Representing French winery against unauthorized commercial use of its trademarks on web pages and in domain names.
  • Mergers, Acquisitions and Capital Markets Transactions
    • Served as special regulatory counsel to the underwriters in initial public offering of a multinational wine company and an internationally known gourmet food company.
    • Advised winery regarding trade practice and other national regulatory issues, and provided winery staff training on application of state and federal alcohol beverage laws to social media.
    • Acted for Hahn Family Wines in its sale of the Rex Goliath wine brand and inventory to Constellation Wines and its sale of the Cycles Gladiator brand to another producer.
    • Represented Cecchetti Wine Company Inc. in a strategic partnership with O’Neill Beverages Co. with respect to Cecchetti brands Austerity, Backhouse, Exitus, Line 39 and Redtree.
    • Represented St. George Spirits and Craft Distillers in the sale of an ultra-premium craft distilled vodka to Proximo Spirits Inc.
    • Represented Fortune Brands Inc. in the sale of its entire wine business to Constellation Brands Inc. for $885 million, and its sale of William Hill Estate to E&J Gallo.
    • Acted for Allied Domecq in its acquisitions of Buena Vista Carneros, Gary Farrell and Mumm Cuvée Napa.
    • Represented Winery Exchange in its acquisition of the Echelon Vineyards brand and related inventory from Diageo Chateau & Estate Wines.
    • Providing ongoing representation to a major pension fund regarding the operation and disposition of vineyard properties in California and Oregon.
    • Provided Pacific Hospitality Group with regulatory advice on various licensing matters concerning acquisitions to their hotel portfolio.

Practice Area Highlights

  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
  • Chambers USA consistently ranks Pillsbury’s national Wine, Beer & Spirits practice among the top practices in the United States.
  • Our lawyers are recognized by Chambers USA, Food & Beverages: Alcohol National, Super Lawyers, Rising Stars – Northern California, by Best Lawyers in America, Food and Beverage Law and by Super Lawyers.

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  • Clients hold our Wine, Beer & Spirits practice in high regard, stating that we possess “excellent judgment, tremendous experience and thorough knowledge of both the law and the industry.”
  • Practice partner James Seff created and chaired (for 20+ years) CLE International’s two-day Wine, Beer & Spirits Law Conference.

Awards

2024 MOST FEARED FIRMS

BTI Consulting recognizes Pillsbury as one of the most feared law firms in litigation.

2021 Chambers USA Ranked

2020 Chambers USA Ranked

Resources

Case Study

California Wine Association – Old Wines, New Battles

Case Study

With Pillsbury’s Vintage Experience, Large Winery Deal Has a Fine Finish

Case Study

Shutting Down a Novel Theory of Liability

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