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Cider Review: Sociable Cider Werks Freewheeler

July 21, 2014 Freewheeler is a dry, crisp cider; not too sweet, right amount of tart. Sociable Cider Werks’ Freewheeler is a dry, crisp cider; not too sweet, right amount of tart. Perfect summer cider. After you try Freewheeler, take it up a notch with Sociable’s cucumber habanero Freewheeler. Cucumber up front with heat at Read more…

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Cider Revolution in Minnesota

September 11, 2020 In Minnesota, we got a nice ruling from the federal courts – farm wineries in Minnesota do not need to use 51% Minnesota ingredients.  Farm wineries have always had an out from this obligation and could petition the state to get around it by essentially stating that they cannot meet the requirement Read more…

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Cider: What the Fed?

February 8, 2016 What is cider? Is it only cider if it’s made from apples?  What if it’s made from pears?  And how is it taxed?  Is it taxed as a wine?  As champagne?  As its own product?  And do state statutes refer to cider?  If not, do states treat it like a wine?  Or Read more…

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Closure of the Tax and Trade Bureau (TTB)

March 18, 2020 When the federal government shuts down, it has real-world impact. For those interested in craft beer, wine, and spirits, the government’s shutdown has closed the Tax and Trade Bureau (the agency charged with licensing and regulating alcoholic beverage producers and wholesalers). This has resulted in an inability of producers to obtain formula Read more…

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Coffee Franchisee sues franchisor for overpricing

February 28, 2015 On behalf of Garner, Ginsburg & Johnsen, P.A. on Saturday, February 28, 2015. If you’re a franchisee, then you should be able to expect the franchisor’s pricing to have some rhyme or reason. You undoubtedly expect there to be some sensible formula, and you certainly don’t expect the franchisor’s mark-up on goods to Read more…

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Conducting A Franchise Appraisal & Determining Business Value

May 8, 2023 Franchisees may need to conduct a valuation of their franchise business for a number of reasons. Whether that’s to secure a bank loan for the business or for personal purposes, it is relevant for tax and estate planning. And of course, it is critical to know the value of a franchise business Read more…

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Coronavirus and Your Brewery: Does It Meet Force Majeure Conditions?

March 18, 2020 Many lending agreements with banks and the Small Business Administration contain “force majeure” clauses to remove liability when meeting obligations become impractical in light of certain catastrophes, disaster, or emergencies. Alcoholic beverage producers are likely going to be significantly impacted as a result of the pandemic, so you should review your loan Read more…

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Craft Beer Industry Growth Continues

April 4, 2017 The Brewers Association (BA), a trade association representing small and independent craft brewers, released data on March 28, 2017 on the growth of craft brewing in the U.S.  There were over 5,300 breweries operating during the year.  For some perspective, that means there are nearly as many craft breweries in the U.S. Read more…

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Crowning a Pumpkin Beer Victor: Avery Brewing’s Pump[ky]n

October 31, 2014 Happy Halloween to all you beer-drinking goblins and ghouls- let’s celebrate with a beer review! Each year, when the leaves start to change colors, some people get excited about apple picking, colorful hikes, pumpkin spiced lattes, pumpkin bread and pumpkin Oreos (yes they’re a thing). No offense to any of these fall Read more…

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Descriptive Trademark Vs. Suggestive Trademark Issues: Mixed Culture

July 11, 2017 Fair State Brewing Cooperative throws an annual party celebrating wild, sour, and mixed fermentation beers entitled “Mixed Culture,” a name they wanted to make sure was protected. Thus a trademark application was filed with the Patent and Trademark Office (PTO). The PTO, however, initially responded that the mark was “merely descriptive.” In Read more…

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Does my franchisor have proprietary or trade secret information?

February 14, 2017 Almost every franchise agreement states that the franchisor has “proprietary”, “confidential” or “trade secret” information.  In fact, many franchises are built upon the idea that it is the franchisor’s secret “special sauce” that is the key to franchisees’ success. Many franchisees, however, discover that after they buy the franchise, there is nothing Read more…

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Evan Sallee joins W. Michael Garner as of Counsel

June 15, 2014 W. Michael Garner is pleased to announce that Evan Sallee has joined the firm as Of Counsel.   Evan graduated from Northwestern University School of Law in 2012. He served as a Senior Articles Editor for the Journal of Criminal Law and Criminology and was the Co-President of Northwestern’s chapter of the American Read more…

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