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.)



April 29 & 30, 2010
The Inn on the Lake in Canandaigua, NY

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

New York wine regions have seen over 60 new wineries launch operations in the past three years, raising the total to over 270 state-wide. Whether brand new or an early pioneer, all wineries, vineyards, their attorneys and other professional advisors are challenged to keep abreast of constantly changing laws and regulations that affect their destiny.

The core of this conference anticipates the most significant law revision in the licensed-beverage industry in the last 50 years with special presentations focused on recommendations to the New York Legislature by the Law Revision Commission. Additional program segments will address the status of direct shipment, new financing options and hidden implications of social media, as well as up-to-date information on an array of regulatory requirements, new developments in legislation and case law, and emerging trends on the state and national level.

Conference topics will be presented by recognized experts and the agenda has been designed to stimulate a vibrant exchange of information and experience between the conference faculty and attendees. Presenting and informing a diverse array of perspectives from winery owners and operators to lawyers and regulators, this program will bring value to all who participate.

~ Ronald C. Fondiller, Esq. and Vincent O'Brien, Esq., Program Co-Chairs

What You Will Learn



Agenda

Thursday, April 29, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Ronald C. Fondiller, Esq., Program Co-Chair, Senior Vice President, General Counsel and Secretary
Constellation Wines North America / Canandaigua, NY

Vincent O'Brien, Esq., Program Co-Chair
Nixon Peabody LLP / New York, NY

 
8:45 am

Special Address: Recommendations to the New York Legislature by the New York State Law Revision Commission

Rose Mary Bailly, Esq., Special Address, Executive Director
New York State Law Revision Commission / Albany, NY

 
9:30 am

Follow-up Panel on Implementation and Impacts

Regulators address aspects of implementation of the proposed regulations

Thomas Donohue, Esq., Special Counsel
New York State Liquor Authority / Albany, NY

 
10:30 am

Break

 
10:45 am

Attorney Panel on the Impacts and Implications of the Proposed Changes in Trade Practices for the Licensed Beverage Industry

A panel of expert attorneys evaluate the implications of the Commission's recommendations

Vincent O'Brien, Esq., Program Co-Chair, Moderator
Nixon Peabody LLP / New York, NY

Keven Danow, Esq.
Danow, McMullan & Panoff, P.C. / New York, NY

Ronald C. Fondiller, Esq., Program Co-Chair, Senior Vice President and General Counsel
Constellation Wines U.S. / Canandaigua, NY

Michael O'Brien, Esq., General Counsel
Palm Bay International, Inc. / Port Washington, NY

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Trade Associations Panel on the Impacts and Implications of the Proposed Changes in Trade Practices for the Licensed Beverage Industry

Trade Association executives consider the Commission's recommendations from their members' viewpoint

Simon Siegl, Moderator, Principal
CoEfficient Consulting / Shoreline, WA

Steve J. Gross, Director of State Relations
The Wine Institute / San Francisco, CA

Lynne J. Omlie, Esq., Senior Vice President, General Counsel and Secretary
Distilled Spirits Council of the United States / Washington, DC

James Trezise, President
New York Wine & Grape Foundation / Canandaigua, NY

 
3:15 pm

Break

 
3:30 pm

Counterfeiting and Authenticity in Wine

Counterfeit wine labels and packaging as a growing problem; practical and legal solutions; other deterrants; trademark and authenticity of source origin indicators; fraud and causes of action; using Customs to help; specific international issues

Kate Spelman, Esq.
Cobalt LLP / Berkeley, CA

 
4:15 pm

Liability and Risk Management in Winery Operations

Minimizing wine tasting room and front end operation liability; compliance with disability access requirements and customer and employee safety standards; underage and drunkenness problems

John A. McKinsey, Esq.
Stoel Rives LLP / Sacramento, CA

 
5:00 pm

Continue the Exchange of Ideas: Wine Tasting Reception for Attendees and Faculty Sponsored by Constellation Wines North America and Nixon Peabody LLP

 

Friday, April 30, 2010

8:00 am

Continental Breakfast

 
8:30 am

Status of Direct Shipment

Retail direct; gallonage caps; face-to-face challenges

Tracy K. Genesen, Esq.
Kirkland & Ellis LLP / San Francisco, CA

Craig Wolf, Esq., President, CEO
Wine & Spirits Wholesalers of America / Washington, DC

Developments in the D2C sector

William Tomaszewski, Esq., General Counsel
Wine.com, Inc. / San Francisco, CA

Staying compliant: Updates and anticipation of further changes among state legislatures

Jason Eckenroth, CEO
ShipCompliant / Boulder, CO

 
10:15 am

Break

 
10:30 am

Financing Challenges for Wineries

Opportunities to finance your business today; new financing models; short term financing arrangements

Jon Moramarco, Director, Management Services and Business Development Practice
Wine Colleagues / St. Helena, CA

 
11:15 am

Social Media Marketing

While social media is rapidly replacing print media in reaching target markets, what are the implications on the user/producer's exposure to risk?

Steve Raye, Principal
Brand Action Team / Avon, CT

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Federal Issues Update

A review and discussion of recent and emerging regulatory, enforcement and policy issues arising from the federal agencies, including the Alcohol and Tobacco Tax and Trade Bureau, the Federal Trade Commission and the Food and Drug Administration

William H. Foster, Assistant Administrator, Headquarters Operations
Alcohol and Tobacco Tax and Trade Bureau / Washington, DC

Marc E. Sorini, Esq.
McDermott Will & Emery LLP / Washington, DC

 
2:45 pm

Updates and Anticipated Changes in Legislation and Regulation

A review of recent and proposed modifications of state laws and regulations around the country

Steve J. Gross, Director of State Relations
The Wine Institute / San Francisco, CA

Lynne J. Omlie, Esq., Senior Vice President, General Counsel and Secretary
Distilled Spirits Council of the United States / Washington, DC

 
4:00 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 15 (non-transitional) NY CLE, CA MCLE 13.25, PA CLE 13 and WA CLE 13 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

Ronald C. Fondiller, Program Co-Chair, is Senior Vice President, General Counsel and Secretary at Constellation Wines North America. He is responsible for protecting the company's assets, personnel and business by providing legal counsel and oversight for overall operations and business functions. Previously he was General Counsel for Prisma Group, and GC of Remy-Cointreau's U.S. and Asian operations.

Vincent O'Brien, Program Co-Chair, senior counsel at Nixon Peabody LLP, established the firm's Beverage Alcohol Group and focuses on beverage alcohol law representing clients in all aspects of the beer, wine, and spirits industries throughout the world. He is listed in "Chambers USA."

Rose Mary Bailly, Special Address, is the Executive Director of the New York State Law Revision Commission. She is also Special Counsel to the Aging Law & Policy Program of the Government Law Center of Albany Law School and an Adjunct Professor of Law at Albany Law School.

Simon Siegl, Moderator, Principal at CoEfficient Consulting, focuses on strategic initiatives and exit planning for wineries and businesses related to the wine industry. Previously he held leadership positions at Washington Wine Institute, Washington Wine Commission and WineAmerica.

Keven Danow, founding member of Danow, McMullan & Panoff, P.C., represents members of all three tiers of the Beverage Alcohol Industry. Previously he was an agent of the Large Case Division of the Internal Revenue Service.

Thomas Donohue, Special Counsel at the New York State Liquor Authority, is legal advisor to the Chairman and the Commissioners of the Authority. He works on special projects for the agency, such as the NYS Law Revision Commission's report on proposed changes to the Alcoholic Beverage Control Law.

Jason Eckenroth is CEO at ShipCompliant, a provider of software based compliance and reporting services for the wine and spirit industry. ShipCompliant tracks thousands of regulations throughout the U.S. governing the sale and shipment of alcohol and provides this service on demand to more than 1,900 brands.

William H. Foster, Assistant Administrator of Headquarters Operations at the Alcohol and Tobacco Tax and Trade Bureau, oversees the the Advertising, Labeling and Formulation Division, the Regulations and Rulings Division, the International Trade Division, the Scientific Services Division and the Knowledge Management Staff.

Tracy K. Genesen, partner at Kirkland & Ellis LLP, provides guidance to wine industry trade associations and serves as the national spokesperson on the legal and public policy aspects of direct shipping of wine to consumers.

Steve J. Gross, Director of State Relations at The Wine Institute, oversees the activities of their six State Relations Regional Counsels as they address state legislation affecting the wine industry, as well as coordinating the legislative and regulatory activities with staff, contract lobbyists and member wineries.

John A. McKinsey, partner at Stoel Rives LLP and California Co-Chair for their Winery and Vineyard Law Group, focuses on environmental and regulatory matters, winery licensing, ADA design, compliance and liability issues.
Full bio and contact info for John A. McKinsey at Stoel Rives LLP

Jon Moramarco directs the Management Services and Business Development practice at Wine Colleagues. Previously he has operated as CEO of various wine companies.

Michael O'Brien, General Counsel at Palm Bay International, Inc., is experienced in beverage alcohol law and state compliance issues. He is Chairman of the Executive Committee for the National Association of Beverage Importers.

Lynne J. Omlie, Senior Vice President, General Counsel and Secretary for the Distilled Spirits Council of the United States (DISCUS), is involved in matters that span every legislative, regulatory and legal issue connected with beverage alcohol on a federal, state and international level.

Lynne J. Omlie, Senior Vice President, General Counsel and Secretary for the Distilled Spirits Council of the United States, Inc. (DISCUS), is involved in matters that span every legislative, regulatory and legal issue connected with beverage alcohol on a federal, state and international level.

Steve Raye is a Principal at Brand Action Team, a marketing consulting company specializing in helping exporters bring their brands to the U.S. market. With a particular interest in online wine marketing, he has developed an expertise in social media marketing and other online programs to grow brand awareness, consumer engagement and sales.

Marc E. Sorini, partner at McDermott Will & Emery LLP, heads the Alcohol Beverages and Products Group and focuses on regulatory and litigation issues facing the alcohol beverage industry and non-beverage alcohol users. His practice covers licensing, labeling, advertising, trade practices, distribution, import-export, formulation and excise taxation.
Full bio and contact info for Marc E. Sorini at McDermott Will & Emery LLP

Kate Spelman, member of Cobalt LLP, is experienced in copyright, media, licensing and trademark issues. She advises on the development, production, sale and defense of intellectual property and is listed in "Best Lawyers."

William Tomaszewski is General Counsel at Wine.com, Inc. His main focus is working with different state agencies on alcohol regulatory matters.

James Trezise has been President of the New York Wine & Grape Foundation since its creation in 1985. Previously he was President of the New York Wine Council and Executive Director of the New York State Wine Grape Growers, Inc. He is active in other wine industry trade associations, including being the Founder and President of the International Riesling Foundation.

Craig Wolf, President and CEO of Wine & Spirits Wholesalers of America, is an advocate for wholesalers' interests with state and federal elected officials, the media, regulators and the law enforcement community, and manages the day to day operations of the trade association. Previously he was WSWA's General Counsel.