June 4, 2014 After a brewery backlash against the FDA’s proposed rules that would restrict (by heavy regulation) breweries from providing grain to farms for livestock feed, the FDA changed its tune. After a brewery backlash against the FDA’s proposed rules that would restrict (by heavy regulation) breweries from providing grain to farms for livestock Read more…

February 8, 2014 Spent grain and livestock — what do they have to do with beer? “Spent grain” is a by-product of the brewing process when a brewery steeps barley, wheat, and other grains in hot water to extract the wort, which will eventually become the beer. Brewers have no use for the spent grain, Read more…

February 27, 2024 Section 280E refers to a provision in the Internal Revenue Code (IRC) of the United States. 280E has significant implications for businesses involved in the sale of controlled substances, including marijuana (or “cannabis” under Minnesota law). The key points related to Section 280E are: More on Section 280E Deductions for Cannabis Retailers Read more…

February 17, 2017 Since its founding, Amazon has been magically presenting you with almost any product you desire at the click of a button. Amazon has continued to make shopping online easier with the introduction of Amazon Prime, offering free two day shipping for an annual fee, which includes no minimum order size and millions Read more…

February 3, 2017 Zoning laws, city ordinances, zoning codes….are you lost yet? Zoning laws are long and confusing, but they determine who can build what in different parts of the state. So all we ultimately care about is, where can we brew our beer, ferment our wine, and distill our spirits? Before you can begin Read more…

August 31, 2017 Most state laws concerning beer distribution allow for termination of a distribution contract only for “good cause.”  It sounds reasonable, but many statutes define “good cause” in a way that makes terminating a beer distributor – even a poorly performing distributor – very difficult and very expensive.   New York and California, Read more…

July 12, 2016 On behalf of Garner, Ginsburg & Johnsen, P.A. on Tuesday, July 12, 2016. Franchise agreements usually contain provisions that prohibit the franchisee from competing in the same business for a period of time after the termination of the franchise. The purpose of these “covenants not to compete” is to prevent franchisees from Read more…

September 25, 2015 Hoppy Lawyers have had a chance to digest news of the proposed AB InBev purchase of SABMiller, but the impact on craft beer is still unpredictable.  In fact, craft brewers themselves do not necessarily agree on what a future with a larger AB InBev will look like. Some craft brewers believe the Read more…

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On behalf of Garner, Ginsburg & Johnsen, P.A. on Thursday, September 19, 2013. Currently, five states prevent franchisors from discriminating between franchisees. Four states do this by statute, while one uses a rule. How have courts ruled in franchise discrimination cases? Here are some key franchise discrimination court rulings: English language proficiency tests One court Read more…

September 15, 2014 Trademark rights are at issue in a dispute between a brewery in Vermont and a brewery in Minnesota On August 29, 2014 , Vermont-based Long Trail Brewing Company filed a lawsuit against Duluth, Minnesota-based Bent Paddle Brewing Company for trademark infringement. The logo at issue is Long Trail’s silhouette of a hiker. Read more…

March 16, 2023 On behalf of Garner, Ginsburg & Johnsen, P.A. on Thursday, September 20, 2012. In most cases, franchisors and franchisees do not have fiduciary relationships. Franchise agreements are complex documents that set forth, in detail, the relationship between the parties. These agreements create a complex, arms-length business relationship that is not a fiduciary Read more…