Law Seminars International Presents

A Comprehensive Two-Day Conference on

Winery & Wine Distribution Law

New regulations, rules and challenges, along with practical tips for success

August 6 & 7, 2007
Cave B Inn at SageCliffe in Quincy, WA
Register      Download PDF Brochure

Who Should Attend

Attorneys, 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 Attend

Starting and maintaining vineyards and wineries is difficult enough but compliance with the constantly changing permitting system and policies is a unique challenge. This seminar will address the ins-and-outs of operating wineries and vineyards, including changes in legislation and regulations in wine law. The program will progress chronologically from choosing the best business structure with pros and cons of various operations through untangling the Tied House rules, land use and water rights. Sales and distribution, and innovative new business models, 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. ~ Program Co-Chairs: Vincent E. Bryan, III, Esq. and Michael T. Reynvaan, Esq.

What You Will Learn

~Best business structures for new and expanding operations ~Tied House rules and how to avoid unexpected regulatory violations ~Bonding processes and strategies ~Land use and environmental regulations ~Contracting agreements, remedies and practical solutions ~Brands, trademarks and labels ~Operations risk management ~Sales and distribution: The Costco case ~Regulatory processes, reporting and compliance ~Innovative new business models

Agenda

Monday, August 06, 2007

8:00 am Registration and Continental Breakfast
8:30 am Current Thinking on the Best Business Structures for New and Expanding Operations
  Pros and cons of available structures from sole proprietorships through partnerships of corporations for various types of wine operations in terms of liability, regulatory, tax and estate planning issues; tasting rooms and other early decisions
  Vincent E. Bryan, III, Esq., Program Co-Chair, CEO and General Counsel
Montage Management / Mercer Island, WA
  Michael T. Reynvaan, Esq., Program Co-Chair
Perkins Coie LLP / Seattle, WA
9:15 am Setting Up Your Business Partnerships and Relationships
  Tied House rules; avoiding unexpected regulatory violations
  Erik D. Price, Esq.
Lane Powell PC / Olympia, WA
10:00 am Bonding Processes and Strategies
  Activities requiring a state and federal bond; What are the steps to go through to bond? What type of federal permit and state license is appropriate for each? Advantages and disadvantages of bonding a tasting room; tips and tricks
  Susan M. Johnson, Esq.
Graham & Dunn PC / Seattle, WA
  Judi Smasne, Marketing and Compliance Consultant
Vino Compliance Services / Grandview, WA
11:00 am Break
11:15 am Land Use and Environmental Regulations for Vineyards or Wineries
  Vineyard operations: Due diligence on soil testing, water rights, zoning and prior use of herbicides and pesticides; special issues relating to development on agricultural preserves
  Stacy A. Bjordahl, Esq.
Witherspoon, Kelley, Davenport and Toole PS / Spokane, WA
  Winery operations
  Christopher R. Hermann, Esq.
Stoel Rives LLP / Portland, OR
12:30 pm Lunch for Faculty and Attendees Sponsored By GordonDerr LLP
1:45 pm Water Rights and How They Impact Your Vineyard Land
  The evolving legal, policy and environmental landscape for Washington water law, including progress on the Columbia River Initiative, policy priorities in Olympia and potential new Washington and North Idaho adjudications
  Joe Mentor, Jr., Esq.
Mentor Law Group PLLC / Seattle, WA
2:30 pm Satisfying Zoning and Permitting Requirements in Eastern Washington
  Differences amongst the counties; conditional use permits; outright uses and rezones; special case studies
  James K. Hayner, Esq.
Minnick-Hayner / Walla Walla, WA
3:00 pm Using State and Local Strategies for Viticulture Siting and Development
  Tools from Olympia: Existing tools and legislative update; tips from cities and counties around the state: planning, zoning and permitting
  Terese (T.C.) Neu Richmond, Esq.
GordonDerr LLP / Seattle, WA
  Duncan Greene, Esq.
GordonDerr LLP / Seattle, WA
3:30 pm Break
3:45 pm Contracting For Grapes
  Agreements for the purchase of grapes can be from quite simple & based on a hand-shake to complex. Are there model agreements? What can go wrong & when? A discussion of grape purchase agreements, elements that effect pricing & the impacts of Mother Nature
  Vicky Scharlau, Executive Director
Washington Association of Wine Grape Growers / Cashmere, WA
4:15 pm Contracting Between Growers and Makers
  Remedies and practical solutions when disputes arise
  The Hon. W. Scott Snowden
JAMS / San Francisco, CA
5:00 pm Reception for Faculty and Attendees Sponsored By Montage Management and Perkins Coie LLP

Tuesday, August 07, 2007

8:00 am Registration and Continental Breakfast
8:30 am Brands, Trademarks and Labels
  Business and regulatory issues to work through when picking brands and building labels: Minimum components and requirements; extra things you may want to do; efficient ways to get through the mechanics of the label approval process
  Vincent E. Bryan, III, Esq., Program Co-Chair, CEO and General Counsel
Montage Management / Mercer Island, WA
  Trademark law update, including trademark usage and protection online; Tied House rules and other pitfalls for wineries advertising online
  Robert C. Cumbow, Esq.
Graham & Dunn PC / Seattle, WA
10:00 am Operations Risk Management
  Minimizing wine tasting room liability through compliance with disability access requirements and customer and employee safety standards
  John A. McKinsey, Esq.
Stoel Rives LLP / Sacramento, CA
10:30 am Break
10:45 am Sales and Distribution
  The Costco case: Costco precedent-setting antitrust and constitutional challenge to state liquor regulations; regulatory changes; additional court decisions
  David J. Burman, Esq.
Perkins Coie LLP / Seattle, WA
11:30 am Legislative Trends and Prospects for Changes
  Direct sales/shipping
  Kent Huntington, Esq., Assistant General Counsel
Wine & Spirits Wholesalers of America, Inc. / Washington, DC
12:00 pm Lunch
1:15 pm Washington State Regulatory Processes and Policy Priorities
  State approval processes and primary policy issues
  Heidi Ensign, Non-Retail Compliance Administrator
Washington State Liquor Control Board / Olympia, WA
  Regulator's perspective on the primary compliance problem areas
  Rich Manoli, Senior Enforcement Agent
Washington State Liquor Control Board / Seattle, WA
2:30 pm Regulatory Reporting and Compliance
  Practical tips; differences and similarities in state permitting systems in the region
  Maureen Swaney, Co-Owner
Winery Compliance Northwest / Kennewick, WA
3:15 pm Break
3:30 pm Innovative New Business Models
  Case study of the business and legal issues encountered in setting up Love Washington Wine for Internet sales
  Mark Bolz, M.S., Founder, CEO, and President
Confluent Data Systems, Inc. / Wenatchee, WA
  Making more profitable use of excess grapes or production capacity
  Judy Smasne, Marketing and Compliance Consultant
Vino Compliance Services / Grandview, WA
4:30 pm Tax Exempt Financing for Wineries
  Marc R. Greenough, Esq.
Foster Pepper PLLC / Seattle, WA
  Rodney Wendt, Executive Director
Washington Economic Development Finance Authority / Seattle, WA
5:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, July 31, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

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

Location

The conference will be held at the Cave B Inn at SageCliffe at 344 Silica Road NW in Quincy, WA, (509) 785-2283 . For sleeping rooms call Theresa Nevarez directly at (509) 785-3291 for the special negotiated rate of $245/night and mention that you are attending the Law Seminars International conference. Rooms are on a first come, first served basis. Other nearby accommodations can be found at http://www.experiencewashington.com
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Vincent E. Bryan, III, Program Co-Chair, is CEO and General Counsel of Montage Management, parent company of Cave B Estate Winery and Cave B Inn at SageCliffe, among others. He has worked extensively on Liquor Control Board Tied House issues during the development of the SageCliffe resort properties. Previously he was Senior and Associate General Counsel at Adobe Systems, where he and his staff counseled the Trademark, Copyright, and Marketing groups.

Michael T. Reynvaan, Program Co-Chair, is partner with Perkins Coie LLP and focuses on labor and employment law and the wine industry. He heads the firm's Wine Industry Practice Group and is named one of "Washington's Super Lawyers" in Washington Law & Politics and listed in The Best Lawyers in America. His family has planted a vineyard and is starting a winery in Walla Walla.

Stacy A. Bjordahl, partner with Witherspoon, Kelley, Davenport and Toole PS, practices in land use, municipal, real estate, zoning and planning, and environmental law. She is on the Executive Committee for the Washington State Bar Association Environmental and Land Use Section (2006-2009) and an Adjunct Professor of Zoning and Land Use at the Gonzaga University School of Law.

Mark Bolz, M.S., Founder, CEO, and President of Confluent Data Systems, Inc. (CDS), sets the overall direction of the company and design and implementation of systems that enable processes for the company. CDS provides the eCommerce solutions and company management for Love Washington Wine.

David J. Burman, partner in Perkins Coie LLP's Litigation Practice, focuses on antitrust, consumer protection, class action, intellectual property, federal and state false claims acts, constitutional and public law, and appellate litigation. He is lead counsel in Costco's precedent-setting antitrust and constitutional challenge to state liquor regulations and was named in Chambers USA as the highest ranked Washington commercial litigator.

Robert C. Cumbow, shareholder with Graham & Dunn PC, heads the firm's Intellectual Property practice and focuses on intellectual property, advertising, privacy and Internet issues, including an extensive wine trademark practice. He was named a "Super Lawyer" in Washington Law & Politics and a "Best Lawyer in America" in Who's Who Legal: IP Law & Business.

Heidi Ensign is the Non-Retail Compliance Administrator for the Washington State Liquor Control Board.

Duncan Greene, with GordonDerr LLP, counsels private and public clients on land use, real estate, and environmental law issues.

Marc R. Greenough, member at Foster Pepper PLLC, practices in municipal law and public finance. Marc serves as bond, underwriters' and disclosure counsel on general obligation, revenue, and special obligation financings by state and local governments.

James K. Hayner, shareholder, officer and office manager of Minnick-Hayner, practices real estate, estate planning and retirement plans, banking, tax, corporate and commercial law. He is named in Best Lawyers in America and Who's Who of Lawyers.

Christopher R. Hermann, partner with Stoel Rives LLP and founding chair of the firm's Winery and Vineyard Management group, handles the purchase and sale of wineries and vineyards, formation of LLCs to own and operate wineries and vineyards, obtaining water rights and land use permits and approvals, and vineyard development and maintenance. He is author and editor of Legal Issues Affecting Wineries & Vineyards in Oregon, and named in Best Lawyers in America.

Kent Huntington is the Assistant General Counsel with Wine & Spirits Wholesalers of America, Inc.

Susan M. Johnson, shareholder with Graham & Dunn PC, is a member of the firm's Hospitality, Beverage and Franchise Team. She represents alcoholic beverage manufacturers, breweries, wineries, restaurants and hotels in liquor licensing, distribution, production and regulatory matters, and she is on the Board of Directors for the Washington Wine Industry Foundation.

Lieutenant Rich Manoli is a Senior Enforcement Agent with the Washington State Liquor Control Board.

John A. McKinsey, senior counsel at Stoel Rives LLP, is the California Co-Chair for the firm's Winery and Vineyard Law Group. He focuses on environmental and regulatory matters, winery licensing, ADA design, compliance, and liability issues. He is a member of the California Wine Institute and an associate member of the Monterey County Vintners and Growers Association.

Joe Mentor, Jr., principal with the Mentor Law Group PLLC, concentrates on water and natural resources development. He recently developed and implemented water supply and natural resources mitigation strategies for a master-planned resort, and represents Skagit County in the rulemaking process and related litigation over the Skagit instream flow rule.

Erik D. Price, shareholder with Lane Powell PC, focuses on government and regulatory issues, including beverage alcohol issues, health care matters, intergovernmental matters, and complex litigation.

Terese (T.C.) Neu Richmond, of GordonDerr LLP, focuses on environmental law, with emphasis on matters affecting the long-term quantity and quality of water for in-stream, municipal, industrial and agricultural uses. Previously, as a Special Assistant to the Governor (WA), she negotiated federal water resource legislation in the Yakima River basin.

Vicky Scharlau, Executive Director of the Washington Association of Wine Grape Growers, provides industry leadership and guidance in viticulture research and education. She works with WAWGG to ensure grape growers have representation in local, state and national issues.

Judi Smasne, private consultant in marketing and compliance with Vino Compliance Services, has experience in the wine grape industry as a grower, tasting room manager and business manager. She also teaches winery management class at Yakima Valley Community College.

Judge W. Scott Snowden (Ret.), co-owner of Snowden Vineyards and mediator and arbitrator with JAMS, has been a grape grower for more than 30 years. He is experienced in dispute resolution with expertise in agribusiness, including farm and winery disputes.

Maureen Swaney, Co-Owner of the Winery Compliance Northwest, has previous experience in government operations of records management, licenses and other regulatory matters. She stays up-to-date on legislative actions in Washington, as well as other states, and the current compliance information needed to navigate federal, in-state and out-of-state regulations.

Rodney Wendt is the Executive Director of the Washington Economic Development Finance Authority (WEDFA). WEDFA assists manufacturing concerns, including wineries, in obtaining tax-exempt financing ordinarily only available to state and local governments.