Law Seminars International Presents: A Comprehensive Two-Day Conference on

Winery & Wine Distribution Law
Addressing new industry issues and challenges, and practical tips for success

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



November 12 & 13, 2009
Vancouver Convention Centre in Vancouver, BC

Who Should Order This Homestudy

Lawyers, vineyard operators, wine producers and distributors, government regulators involved with the production and distribution of wine, and anyone interested in the winery and wine distribution business

Why Order

Starting and maintaining vineyards and wineries is difficult enough, but compliance with the constantly changing permitting system and policies is a unique challenge. This conference will address the ins and outs of operating wineries and vineyards, including changes in legislation and regulations in wine law and financing.

The program will progress from getting a handle on costs through employment and immigration law issues, land use and water rights. Sales and distribution, financing challenges and strategies, as well as legislative trends and regulatory processes, will also be addressed.

This event will bring together experts from a variety of perspectives and disciplines to share their experiences, challenges and success stories regarding this evolving landscape.

~ Mark Hicken, Esq. and Christopher S. Wilson, Esq., Program Co-Chairs

What You Will Learn

What Attendees Said



Agenda

Thursday, November 12, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Mark Hicken, Esq., Program Co-Chair
Vintage Law / Vancouver, BC

Christopher S. Wilson, Esq., Program Co-Chair
Bull, Housser & Tupper LLP / Vancouver, BC

 
8:45 am

Starting and Running a Winery: Views from the Trenches

Choice of business entity; working with consultants, elements of a good contract; financing challenges; regulatory framework to keep in mind; dealing with the Liquor Control & Licensing Branch and the Liquor Distribution Branch

Michael F. Welsh, Esq.
Mott Welsh & Associates / Penticton, BC

Bert Hick, President
Rising Tide Consultants Ltd. / Vancouver, BC

Andrew Johnston, Winemaker and Vineyard Owner
Averill Creek Winery / Duncan, BC

Michael Dinn, Owner/Grower/Winemaker
Joiefarm Wines / Naramata, BC

 
10:30 am

Break

 
10:45 am

Getting to Market in the US: State and Federal Regulatory Considerations

Export from Canada to US; label approval; distribution channels and challenges; regulatory contacts at the Tax and Trade Bureau and various state liquor agencies

Susan M. Johnson, Esq.
Stoel Rives LLP / Seattle, WA

 
11:30 am

Grape Supplies in British Columbia: The Move to a More Sustainable Future

Supply outlook, including water supply and demand and regulatory issues such as licensing and lack of licensing; current contracting issues with wineries; other primary issues facing the grape growing industry

Hans Buchler, Chair
British Columbia Wine Grape Council / Peachland, BC

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Regulatory Issues for Labeling Wines in Canada

Cellared in Canada, Made in Canada, Product of Canada; producer's identification; alcohol content; CPSC information and bar-codes and other provincial regulations; requirements, optional and allowed labeling, as well as dos and don'ts

Arnold B. Schwisberg, Esq.
Law Office of Arnold B. Schwisberg, PC / Markham, ON

Daniel R. Bennett, Esq.
Bull, Housser & Tupper LLP / Vancouver, BC

 
2:15 pm

Legal and Business Issues in Adopting and Trade-Marking a New Brand

Business and regulatory issues that arise when picking a new brand and building a new label

Christopher S. Wilson, Esq., Program Co-Chair
Bull, Housser & Tupper LLP / Vancouver, BC

 
3:15 pm

Break

 
3:30 pm

Operations Risk Management

Minimizing wine tasting room liability through compliance with host liability laws, disability access requirements and customer/employee safety standards

Mark Hicken, Esq., Program Co-Chair
Vintage Law / Vancouver, BC

 
4:15 pm

Maximizing the Bottom Line: Taking Advantage of Tax Incentives and Developing an Effective Tax Strategy

Tax planning; property taxes, other taxation issues including Capital Cost Allowances (CCA); tax exempt financing for wineries

John Ormiston, Partner, Tax
Deloitte & Touche LLP / Vancouver, BC

 
5:00 pm

Continue the Exchange of Ideas: Reception and Wine Tasting led by Sid Cross

Sponsored by Bull, Housser & Tupper LLP and Vintage Law

Sid Cross, Co-Founder and Advisor
The Chefs' Table Society of B.C. / Vancouver, BC

 

Friday, November 13, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Mark Hicken, Esq., Program Co-Chair
Vintage Law / Vancouver, BC

Christopher S. Wilson, Esq., Program Co-Chair
Bull, Housser & Tupper LLP / Vancouver, BC

 
8:45 am

Top 10 Employment Law Issues for the Wine Industry

Legal overview of employment law as it relates to winery operations

Herb Isherwood, Esq.
Bull, Housser & Tupper LLP / Vancouver, BC

 
9:30 am

Staffing Up and What Winery Operators Need to Know about Immigration Law

Immigration law issues for the wine industry: From winemakers to harvest production workers

Aleksandar Stojicevic, Esq.
Maynard Kischer Stojicevic / Vancouver, BC

 
10:00 am

Break

 
10:15 am

Distribution Issues in Retail Licenses and Restaurants

Robert Simpson, General Manager
Liberty Wine Merchants / Vancouver, BC

Stanley E. Fuller, President
Earl's Restaurants Ltd. / North Vancouver, BC

Brian Berry, Corporate Key Accounts Manager
Authentic Wine and Spirits Merchants / North Vancouver, BC

 
11:30 am

Export Beyond Provincial Boundaries

Practical approaches for interprovincial trade: Importation of Intoxicating Liquors Act; constitutionality; permit system; trade agreements, TILMA, NAFTA, EU; initiatives to set up a permitting system similar to the US

Ian Blue, Esq., QC
Cassels Brock & Blackwell LLP / Toronto, ON

Arnold B. Schwisberg, Esq.
Law Office of Arnold B. Schwisberg, PC / Markham, ON

Sid Cross, Co-Founder and Advisor
The Chefs' Table Society of B.C. / Vancouver, BC

Anthony Gismondi, Editor-in-Chief
Wine Access / West Vancouver, BC

 
12:30 pm

Lunch (on your own)

 
1:45 pm

Online Distribution

Current e-commerce issues; common mistakes on winery websites; data protection rules for customer information; case study of Onlineorderdesk.com

Brent Johnson, Winery Website Creator
Vin65 / Abbotsford, BC Canada

 
2:15 pm

Transparency in Regulation and Taxation of Beverage Alcohol in BC

An update on the levels of taxation charged in BC and other jurisdictions, hidden taxes, and accountability and transparency in the decision-making processes

Tim Crowhurst, Executive Director
Import Vintners & Spirits Association of British Columbia / Surrey, BC

 
3:00 pm

Practical Tips for Regulatory Reporting and Compliance

Strategies for dealing with differences and similarities in permitting systems in the region

Bert Hick, President
Rising Tide Consultants Ltd. / Vancouver, BC

 
3:30 pm

Break

 
3:45 pm

Regulatory Perspective of British Columbia Wine Laws

History of BC wine regulation and development of current regulatory structure

Jeffrey S. Thomas, Esq., Chair
British Columbia Wine Authority / Vancouver, BC

 
4:15 pm

Reform of British Columbia Wine Laws

Reform proposals for comprehensive legal reform to make BC the best province to sell, distribute and purchase wine

Mark Hicken, Esq., Program Co-Chair
Vintage Law / Vancouver, BC

Scott D. Fraser, Chair
British Columbia Wine Institute / Kelowna, BC

 
5:00 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 13 BC CPD and WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $1005. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy



Faculty Bios

Mark Hicken, Program Co-Chair, provides legal services to the wine industry through his law practice, Vintage Law, and direct and Internet marketing services to wineries and wine agents through his marketing agency, Juice Wine Marketing Group.
Full bio and contact info for Mark Hicken at Vintage Law

Christopher S. Wilson, Program Co-Chair, partner at Bull, Housser & Tupper LLP, practices Intellectual Property law, including advising domestic and foreign wineries on branding, labeling and geographical indications of origin.
Full bio and contact info for Christopher S. Wilson at Bull, Housser & Tupper LLP

Daniel R. Bennett, partner at Bull, Housser & Tupper LLP, focuses on trial, arbitration, hearing and appeal work in commercial and administrative litigation, including VQA litigation and regulatory negotiations around the BC VQA labeling issues.
Full bio and contact info for Daniel R. Bennett at Bull, Housser & Tupper LLP

Brian Berry is Corporate Key Accounts Manager and Brand Ambassador for Masi at Authentic Wine and Spirits Merchants. Previously he was Food and Beverage Manager at The Vancouver Club.

Ian Blue, senior counsel at Cassels Brock & Blackwell LLP, focuses on commercial litigation in energy-related, administrative law and constitutional law issues. He was appointed Queen's Counsel in 1985 and listed in The Best Lawyers in Canada.
Full bio and contact info for Ian Blue at Cassels Brock & Blackwell LLP

Hans Buchler, Chair of the British Columbia Wine Grape Council, is Director of the British Columbia Grapegrowers Association and focuses on agricultural development and research. He represents the Grape Sector on the Interior Horticulture Group, which represents the grape industry at the BC Agriculture Council.

Sid Cross, Co-Founder and Advisor to The Chefs' Table Society of B.C., is a retired lawyer and now an active wine and food media person. He is Wines Committee Chair for the International Wine and Food Society and past director of and wine advisor to ICCBC (Italian Chamber of Commerce in BC).

Tim Crowhurst, Executive Director of the Import Vintners & Spirits Association of British Columbia, focuses on international trade and political affairs, environmental issues management, product branding, and development and implementation of strategic communications initiatives. Previously he was a senior policy and communications advisor to Canadian cabinet ministers.

Michael Dinn, Owner/Grower/Winemaker at Joiefarm Wines, also handles the specific logistics, brand building, and distribution.
Full bio and contact info for Michael Dinn at Joiefarm Wines

Scott D. Fraser is Chair of the British Columbia Wine Institute and Vice-President of Estate Wines, Western Canada, at Andrew Peller Limited.
Full bio and contact info for Scott D. Fraser at British Columbia Wine Institute

Stanley E. Fuller, President and one of the founders of Earl's Restaurants Ltd., has helped Earl's grow into sixty restaurants throughout Western Canada, Ontario and the U.S. He was a Trustee of Canadian Hotel Income Properties Real Estate Investment Trust from 2001 to 2007.
Full bio and contact info for Stanley E. Fuller at Earl's Restaurants Ltd.

Anthony Gismondi, Editor-in-Chief at Wine Access, is a weekly wine columnist at the Vancouver Sun and one of North America's most influential wine critics. He co-hosts a weekly wine and food show in Canada at TALK1410.
Full bio and contact info for Anthony Gismondi at Wine Access

Bert Hick, President of Rising Tide Consultants Ltd., focuses on the liquor license process. Previously he was with the British Columbia Provincial Government as Intergovernmental Relations Secretariat, Executive Director of the Cabinet Secretariat, Secretary to Cabinet and General Manager of the Liquor Control and Licensing Branch.
Full bio and contact info for Bert Hick at Rising Tide Consultants Ltd.

Herb Isherwood, managing partner at Bull, Housser & Tupper LLP, advises employers on labour and employment matters including employment contracts, protection of employer proprietary and business relationships, incentive compensation arrangements, wrongful dismissal, collective agreement negotiation and interpretation, labour relations strategy, employment standards and human rights.
Full bio and contact info for Herb Isherwood at Bull, Housser & Tupper LLP

Brent Johnson is Winery Website Creator at Vin65 which provides E-commerce solutions for wineries and wine retailers.

Susan M. Johnson, member with Stoel Rives LLP, represents alcoholic beverage manufacturers, breweries, wineries, restaurants and hotels in liquor licensing, distribution, production and regulatory matters.

Andrew Johnston, Winemaker and Vineyard Owner of Averill Creek Winery, was a family doctor, businessman, and one of the founders of Medicentres.
Full bio and contact info for Andrew Johnston at Averill Creek Winery

John Ormiston, Partner in Tax in the Private Company Services Group at Deloitte & Touche LLP, is experienced in both public and private practice, including owner-managed enterprises, corporate reorganizations, M&As, and succession planning.

Arnold B. Schwisberg is a commercial litigator who has acted against provincial liquor regulators and specializes in laws of manufacturing, distribution, promotion, sale and consumption of beverage alcohol. He is an expert in trade law and practice for beverage alcohol in Canada and abroad, and designed one of the country's first licensed online wine distribution systems THE WINE CONNECTION. With Ian Blue, Q.C., he worked on an analysis questioning the constitutional validity of some federal liquor law.

Robert Simpson is General Manager for Liberty Wine Merchants, the largest chain of private wine stores in Western Canada.
Full bio and contact info for Robert Simpson at Liberty Wine Merchants

Aleksandar (Alex) Stojicevic, managing partner of Maynard Kischer Stojicevic, focuses on immigration and citizenship law and related matters such as customs and extradition. He is Immediate Past Chair, National Executive of the CBA Immigration Section.
Full bio and contact info for Aleksandar Stojicevic at Maynard Kischer Stojicevic

Jeffrey S. Thomas, Chair of the British Columbia Wine Authority and partner of Borden Ladner Gervais LLP, focuses on competition, international trade and investment, and government relations law. He is listed in L'Expert, The Best Lawyers in Canada, Chambers Global and Euromoney's World's Leading International Trade Lawyers.
Full bio and contact info for Jeffrey S. Thomas at British Columbia Wine Authority

Michael F. Welsh, partner at Mott Welsh & Associates, focuses on litigation, mediation and alternative dispute resolution, along with legal issues affecting the grape and wine industry. He has also planted and operated a commercial vineyard, selling grapes to many BC wineries. Previously he was Director, Vice-President and President of the British Columbia Grapegrowers Association.
Full bio and contact info for Michael F. Welsh at Mott Welsh & Associates