Explore Our Capabilities

Beverage Industry

Overview

Parker Poe provides counsel and representation to numerous clients engaged in the food and beverage industry, including craft breweries, food service providers, beverage bottlers and distributors, and food and beverage producers. We have assembled a team of experienced lawyers from practice groups throughout the firm to address the unique issues that arise in this highly regulated industry. We are attuned to the industry’s legal issues and committed to understanding our clients’ business operations. As a result, our work is more efficient and tailored to our clients’ specific business goals.

The craft beer industry is expanding at a rapid pace. Parker Poe’s offices are located in Southeastern cities that are experiencing much of this tremendous growth. Our team represents national and regional breweries and startup microbreweries. The alcohol industry has a maze of regulatory requirements governing the production, distribution, and sale of alcoholic beverages. We help clients successfully navigate through these often changing regulations and stay abreast of industry trends. With input from different practice groups, our team is able to counsel clients on issues faced from the earliest stages of business through everyday operations, including:  

  •     Business entity formation
  •     Capital fundraising through debt, equity, and/or crowd sourcing
  •     Federal, state, and local regulatory compliance and licensing
  •     Brewery and facility permitting
  •     Branding and trademark protection
  •     Acquisitions and sales of business
  •     Distribution, retailing, and e-commerce
  •     Product labeling
  •     Equipment purchases and leases
  •     Real estate purchases, leases, and construction contracts
  •     Land use and environmental compliance
  •     Federal, state, and local taxes
  •     Estate planning for family-owned businesses
  •     Employment counseling
  •     Enforcement actions and regulatory litigation
  •     Government relations

Representative Experience

  • Represented a regional craft brewing and bottling company in the sale of the company to a private equity group in a transaction valued in excess of $100 million.
  • Represented a private equity group in connection with the sale of certain brewery assets to a regional craft brewing company.
  • Advised several regional craft brewing companies through various startup issues, including formation and intellectual property advice.
  • Represented one of the largest independent beverage bottlers in the United States in the drafting and negotiations of multiple types of commercial contracts and agreements, including procurement agreements as well as supply and distribution agreements. We also represented the bottler in all matters related to technology contracts and agreements, such as software and technology agreements and cloud-based service agreements.
  • Advised a national craft brewing company in connection with the negotiation of economic development incentives, real estate transactional documents, and a development agreement for a new brewery facility.
  • Represented a ski resort in connection with the expansion of permitted facilities, the permitting of new brewery, and the approval of product labeling by N.C. Alcoholic Beverage Control Commission.
  • Represented a regional craft brewing company in litigation resulting from a contract brewing dispute.

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Professionals

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