Buchalter’s Beer, Wine, and Spirits Industry Group offers comprehensive legal services to clients with needs that are unique to the alcoholic beverage sector. With deep roots in California’s wine country and a robust national presence, our multidisciplinary team advises clients ranging from boutique craft distilleries to large-scale wineries and breweries.
Key Capabilities:
- Regulatory Compliance: Guidance on federal and state regulations, including TTB and ABC compliance, labeling, advertising, and distribution.
- Corporate & Transactional Counsel: Assistance with business formation, mergers and acquisitions, joint ventures, licensing, and succession planning.
- Banking & Finance: Expertise in financing transactions related to winery, brewery and distilled spirit operations, including acquisition loans, agricultural and working capital lines of credit, equipment loans, and distributor financings.
- Real Estate & Land Use: Advising on land acquisition, permitting, zoning, environmental, regulatory, and water issues essential to vineyards and wineries.
- Intellectual Property: Protection of vital assets such as trademarks and patents, ensuring brand integrity in a competitive market.
- Labor & Employment: Development and implementation of employment policies and procedures, fostering a safe and productive working environment.
- Insolvency & Financial Solutions: Assistance with restructuring, workouts, and asset liquidation to navigate financial challenges.
- Litigation: Representation in disputes involving distribution agreements, false advertising claims, product liability, and other commercial matters.
Our team’s extensive experience across various legal disciplines ensures that clients in the beer, wine, and spirits industry receive comprehensive support for anything they face. With a strong presence in Napa Valley and a commitment to understanding the intricacies of the alcoholic beverage sector, Buchalter is the right legal partner to help beer, wine, and spirits clients navigate any stage of growth and bring or defend claims.
Wine Industry
Buchalter lawyers regularly assist winery clients with a broad spectrum of legal issues, including successfully managing high-value acquisitions and sales of wineries and vineyard properties, and operational compliance. When necessary, Buchalter’s litigators specialize in defending winery clients in property disputes, easement enforcement, and litigation related to land and water access rights. Our lawyers also effectively guide clients through the use permit application process and defend challenges affecting winery use permits.
Representative Matters
Litigation
- Breakthru Beverage California (f/k/a Wine Warehouse) v. Golden State Cider: Successfully represented Breakthru Beverage California in a breach of contract dispute over a distribution agreement. After building Golden State Cider’s sales from modest regional levels to $13 million across nearly all of California, the client was wrongfully terminated without the agreed compensation. Secured a nearly $8 million jury verdict in favor of the client following a 15-day trial; opposing cross-claims exceeding $30 million were rejected in full.
- Pabst Brewing Co. Labeling Litigation: Successfully defended Pabst Brewing Co. in a class action alleging deceptive marketing under California’s Unfair Competition Law. The case involved claims that Olympia Beer’s packaging misled consumers into believing the product was brewed with water from the Olympia, Washington area. The Ninth Circuit affirmed dismissal, agreeing that a reasonable consumer would not be deceived by the labeling (Peacock v. Pabst Brewing Co., LLC, No. 24-2494 (9th Cir. Apr. 24, 2025)).
- Duckhorn Vineyards: Successfully represented one of Napa Valley’s most prestigious wineries in a complex legal battle to enforce its water easement rights. In a bifurcated trial, secured a quiet title ruling in favor of the client from Napa County Superior Court, followed by a unanimous jury verdict affirming the winery’s water pipeline rights (Duckhorn Wine Company v. Calistoga Wine, LLC, No. 26-66885 (2017).
- Trademark Dispute for Napa Valley Restaurant: Successfully represented a legendary Napa Valley restaurant in a contested trademark dispute, safeguarding the client’s brand identity.
- Trademark Dispute for Napa Valley Distributer: Successfully resolved trademark dispute between distributor and winery.
- Breach of Contract Disputes: Successfully resolved multiple matters involving breach of contract and equitable claims related to vineyard development.
Transactional
- Major Brewer Acquisition: Represented a major brewer in the acquisition of a beverage company, providing comprehensive legal support throughout the transaction.
- Whiskey Distiller Brand Launch: Assisted a whiskey distiller in licensing celebrity spokespeople and launching a new brand, ensuring compliance with relevant regulations and protecting intellectual property rights.
- Financing for National Winery: Represented lender as administrative agent in the upsizing of winery credit facilities, demonstrating expertise in complex financing transactions within the wine industry.
- Winery Sales: Represented multiple wineries in the successful sales of multi-generational businesses, guiding negotiations and transactional execution.
- Brand Promotion: Drafted promotional contract with influencer to promote winery brand.
- Vineyard Leases: Negotiated, drafted, and oversaw lease contracts for vineyard properties, ensuring compliance with legal, financial, and operational terms to support sustainable and profitable viticulture operations.
- Financing for Premium Tequila Distributor: Represented the lender in connection with a senior secured asset-based revolving credit facility to the U.S. distribution subsidiary of one of the world’s largest producers of premium tequila.
- Financing for Burgundy Wine Distributor: Represented the lender in an asset-based revolving credit facility to the U.S. distribution subsidiary of the largest family-owned wine producer in Burgundy, France.
Regulatory
- Beverage Law and Regulation Advisory: Advised various breweries and distilleries on beverage law and regulation, including compliance with TTB and state-specific requirements.
- Vineyard and Winery Use Permit Appeals: Successfully defended various wineries through the use permit appeals process securing the wineries’ entitlements.
Insolvency
- Vineyard and Winery Restructuring: Represented lender in negotiating forbearance agreement, including the consensual appointment of a Chief Restructuring Officer to oversee the restructuring of the business and liquidation of select assets.
