Law Seminars International Presents: Our Second Annual Comprehensive Two-Day Conference on

Winery & Wine Distribution Law
New regulations, rules and challenges, along with practical tips for success

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

August 4 & 5, 2008
Cave B Inn at SageCliffe in Quincy, WA

Who Should Order This Homestudy

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 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 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 untangling the Tied House rules through employment and immigration law issues, 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.

~ Vincent E. Bryan, III, Esq. and Michael T. Reynvaan, Esq., Program Co-Chairs

You Will Learn About

What Attendees Said

Agenda

Monday, August 04, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview to Day 1: Evolving Regulatory Requirements for Vineyards and Wineries

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

 
8:45 am

Setting Up Your Business Partnerships and Relationships

Revisions to the Tied House rules; avoiding unexpected regulatory violations

Erik D. Price, Esq.
Lane Powell PC / Olympia, WA

 
9:30 am

Employment Issues for the Wine Industry

Top 10 issues; best practices; minimizing risks; the new Social Security rules

Michael T. Reynvaan, Esq., Program Co-Chair
Perkins Coie LLP / Seattle, WA

 
10:15 am

Staffing Up: Employee Issues

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

Gretel M. Ness, Esq.
Parker Bush & Lane PC / Portland, OR

 
10:45 am

Break

 
11:00 am

Bonding Processes and Strategies

Activities requiring a state and federal bond; type of federal permit and state license appropriate for each; steps to go through; advantages and disadvantages of bonding a tasting room; tips and strategies

Susan M. Johnson, Esq.
Graham & Dunn PC / Seattle, WA

 
11:30 am

Water Rights, State Water Policy and How They Impact Your Vineyard Land and Winery Operation

The evolving legal, policy and environmental landscape for Washington water rights, 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

 
12:15 pm

Lunch Sponsored By Law Seminars International

 
1:30 pm

Environmental, Land Use and Permitting Issues for Vineyards and Wineries

Determining which activities trigger what regulatory requirements during construction and operational phases

Erin L. Anderson, Esq.
Stoel Rives LLP / Portland, OR

Practical tips for conducting the environmental analysis and efficiently complying with the requirements

Terese (T.C.) Neu Richmond, Esq.
GordonDerr LLP / Seattle, WA

How the individual primary wine growing counties are approaching land use and environmental issues

James K. Hayner, Esq.
Minnick-Hayner / Walla Walla, WA

 
3:15 pm

Break

 
3:30 pm

Regulations Affecting Wineries As Retailers

What are the new pitfalls in the retail payment world stemming from? New data security or consumer protection rules concerning credit cards, ACH and gift cards?

Holly K. Towle, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA

 
4:00 pm

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

 
4:30 pm

Brands, Trademarks and Labels

Attorney and client walk through the business and regulatory issues that arise when picking a new brand and building a new label

Vincent E. Bryan, III, Esq., Program Co-Chair
Montage Management / Mercer Island, WA

Robert C. Cumbow, Esq.
Graham & Dunn PC / Seattle, WA

 
5:30 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees Sponsored By Montage Management and Perkins Coie LLP

 

Tuesday, August 05, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview to Day 2: Strategies for Success in the Wine Business

Vincent E. Bryan, III, Esq., Program Co-Chair
Montage Management / Mercer Island, WA

Michael T. Reynvaan, Esq., Program Co-Chair
Perkins Coie LLP / Seattle, WA

 
8:45 am

Working with Consultants in the Business Planning Stages

Wine maker and consultant perspectives on establishing a good relationship; elements of a good contract

Stephen O. Kenyon, Esq., CEO, Co-Owner of Otis Kenyon Winery
Bullivant Houser Bailey PC / Seattle, WA

David Stephenson, Winemaker/Owner
Stephenson Cellars / Walla Walla, WA

 
9:45 am

Grape Supplies: Outlook from the Growers

Primary issues facing the industry from the grower's perspective

Vicky Scharlau, Executive Director
Washington Association of Wine Grape Growers / Cashmere, WA

 
10:15 am

Break

 
10:30 am

M&A as an Exit Strategy

How California wineries view Washington wine properties

Katherine Philippakis, Ph.D., Esq.
Farella Braun + Martel LLP / St. Helena, CA

Carol Collison, Vice President
Global Wine Partners LLC / St. Helena, CA

 
11:30 am

Case Law Update: The Costco Case

Costco's precedent-setting antitrust and constitutional challenge to state liquor regulations; regulatory changes; additional court decisions

David J. Burman, Esq.
Perkins Coie LLP / Seattle, WA

 
12:00 pm

Lunch Sponsored By Law Seminars International

 
1:15 pm

The Case for Modernizing Washington's Wine Laws

Why we need new laws if Washington's wine industry is going to continue to grow; a proposal for comprehensive legal reform to make Washington the best state in the nation to sell, distribute and purchase wine

Paul Beveridge, Esq., Winemaker/Owner
Wilridge Winery / Seattle, WA

 
1:45 pm

Legislative and Regulatory Update

A review of 2008 laws; legislative and regulatory issues; warehousing and direct shipments

Jean M. Leonard, Esq., Executive Director
Washington Wine Institute / Olympia, WA

 
2:15 pm

Washington State Regulatory Processes and Policy Priorities

State approval processes; primary policy issues; regulator's perspective on the primary compliance problem areas

Rick Garza, Deputy Administrative Director
Washington State Liquor Control Board / Olympia, WA

 
2:45 pm

Practical Tips for Regulatory Reporting and Compliance

Strategies for dealing with 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

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

State programs to promote value added agricultural products: Available financing for testing new markets or strategies; loan guarantee programs, particularly for rural areas; categories and availability of grants and matching dollars

Leroy J. Debes, Business Programs Specialist
U.S. Department of Agriculture - Rural Development / Spokane, WA

Tax exempt financing for wineries

Rodney Wendt, Executive Director
Washington Economic Development Finance Authority / Seattle, WA

Tax credits for small wineries and how to take advantage of them

Marc R. Greenough, Esq.
Foster Pepper PLLC / Seattle, WA

 
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 13.5 WA CLE credits and 14.5 OR CLE. 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 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, partner with Perkins Coie LLP, focuses on labor and employment law and the wine industry. He heads the firm's Wine Industry Practice Group and was named one of "Washington's Super Lawyers" in Washington Law & Politics and listed in The Best Lawyers in America. His family planted a vineyard and is starting a winery in Walla Walla.

Erin L. Anderson, of counsel at Stoel Rives LLP in the Natural Resources and Land Use Practice Group, focuses on permitting major projects of property owners, municipal entities and developers.

Paul Beveridge, Owner and Winemaker of Wilridge Winery, is President of Family Wineries of Washington State, founder of the Wines of Washington Tasting Room and has his own law firm, BeveridgeLaw PS.

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 the Costco case.

Carol Collison is Vice President of Global Wine Partners LLC, a boutique investment bank providing merger and acquisition, valuation and sale/leaseback financing to the wine industry. She is responsible for marketing and delivery of the firm's investment banking services. Previously she was Vice President and Senior Relationship Manager in Napa for Bank of the West's Agribusiness Division.

Robert C. Cumbow, shareholder with Graham & Dunn PC, heads their Intellectual Property practice and focuses on IP, advertising, privacy and Internet issues, including an extensive wine trademark practice.

Leroy J. Debes is the Business Programs Specialist for Rural Development at the U.S. Department of Agriculture.

Rick Garza is the Deputy Administrative Director of the Washington State Liquor Control Board.

Marc R. Greenough, member at Foster Pepper PLLC, focuses on municipal law and public finance. He is a 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.

Susan M. Johnson, shareholder with Graham & Dunn PC and member of their Hospitality, Beverage and Franchise Team, represents alcoholic beverage manufacturers, breweries, wineries, restaurants and hotels in liquor licensing, distribution, production and regulatory matters.

Stephen O. Kenyon, CEO of Bullivant Houser Bailey PC and Co-Owner of Otis Kenyon Winery, is a leader in law firm management as a strategic business advisor and attorney.

Jean M. Leonard, an attorney, is Executive Director of the Washington Wine Institute, an advocacy organization that focuses on regulatory and legislative issues affecting the Washington wine industry.

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.

Joe Mentor, Jr., principal with the Mentor Law Group PLLC, focuses on water and natural resources development and represents Skagit County in the rulemaking process and related litigation over the Skagit instream flow rule.

Gretel M. Ness, shareholder at Parker Bush & Lane PC, focuses on employment immigration, family immigration and citizenship issues including employer compliance with employment verification rules.

Katherine Philippakis, Ph.D., partner at Farella Braun + Martel LLP and chair of the Wine Industry Practice, focuses on wine-related real estate, corporate and land use including real estate and corporate transactions, acquisitions and dispositions, development, financing, management and leasing of winery and vineyard properties.

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, partner at GordonDerr LLP, focuses on environmental law, emphasizing long-term quantity and quality of water for in-stream, municipal, industrial and agricultural uses.

Vicky Scharlau, Executive Director of the Washington Association of Wine Grape Growers, provides industry leadership and guidance in viticulture research and education.

David Stephenson, Owner and Winemaker of Stephenson Cellars, takes on two to three new Walla Walla wineries as clients each year to help them start in winemaking.

Maureen Swaney, Co-Owner of the Winery Compliance Northwest, stays up-to-date on legislative actions in Washington and other states and compliance information to navigate federal, in-state and out-of-state regulations.

Holly K. Towle, partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses on technology, intellectual property and electronics in commerce. She wrote "The Law of Electronic Commercial Transactions".

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.