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Several US Courts Decide Email Exchanges Can Create Legally Binding Contracts
March 16, 2023 Is an Email Legally Binding? Several courts in the United States have recently ruled that email exchanges are sufficient to create or modify written contracts. Franchisees should be aware of these decisions to avoid unintentionally binding themselves in enforceable contracts. When Are Emails Enforceable Contracts? Certain contracts (including ones dealing with real Read more…
Learn MoreSuper Bowl or the Game That Shall Not Be Named!
December 20 ,2017 As a law firm based in Minneapolis, we’re looking forward to having the Super Bowl in town this year. As we get closer to the game, our brewery and distillery clients have been asking us about advertising for the Super Bowl. Generally, breweries, bars, distilleries, restaurants, etc. have to be careful about Read more…
Learn MoreTales from the Land of Legal Absurdity: Trademarks Run Amok
February 9, 2015 It seems like every day we come across some new absurd trademark dispute. Today, Red Bull, the energy drink maker, has opposed a small Virginia brewery’s right to trademark the name Old Ox Brewery. Why? As Red Bull argues, an ox is really just a castrated bull, so the two marks are Read more…
Learn MoreThe Cannabis Banking Crisis: Breaking Down the SAFER Banking Act
February 27, 2024 Ask most cannabis businesses what they would like to change about the industry and – aside from the 280E tax issue – many would say that they want better access to banking services. This is where the Secure and Fair Enforcement Regulation (SAFER) Banking Act, formerly known as the SAFE Banking Act Read more…
Learn MoreThe Craft Beverage Modernization Act of 2017: How to Make It Work for Your Brewery
March 15, 2018 A guest post from Gary Nicholas of Nicholas Brewing Projects The Tax Cuts & Jobs Act of 2017 affects federal excise taxes (FET) and includes other provisions involving alcoholic beverages. According to the Craft Beverage Modernization & Tax Reform Act (CBMTRA) — a bill introduced into both the U.S. House of Representatives Read more…
Learn MoreThe Pros and Cons of Master Franchisee Relationships
March 16, 2023 In the traditional franchise relationship, franchisors work directly with franchisees to provide training, approve advertising material and otherwise support their franchisees through the various stages of the business. In some systems, however, franchisors delegate their support requirements to master franchisees, also commonly known as area representatives. If you are a potential franchisee Read more…
Learn MoreThe Recent Founders Brewing Discrimination Lawsuit Highlights the Need For Change in the Craft Brewing Industry
November 7, 2019 Founders Brewing Co., Michigan’s largest brewery, is once again facing criticism after its Detroit taproom general manager refused to acknowledge a former employee’s race in a deposition relating to a discrimination lawsuit against the brewery. About The Founders Brewing Company Discrimination Lawsuit: A former Founders Brewing Co. employee, Tracy Evans, filed a Read more…
Learn MoreThe Small BREW Act Rides Again
January 13, 2015 To begin the new year and its new session, Congress showed that it still knows how to reach across the aisle when it comes to something that really matters. We’re referring, of course, to beer. Representatives Erik Paulsen (R-Minn.) and Richard E. Neal (D-Mass.) reintroduced the Small Brewer Reinvestment and Expanding Workforce Read more…
Learn MoreThe World of Fun that is COLA
April 12, 2016 On the same day that news about scientists’ first view of the human brain on LSD came to light, we came across an LSD beer-related story. One of our local greats, Indeed Brewing Company, had a label rejected by the Tax and Trade Bureau apparently because it referenced LSD. One of the Read more…
Learn MoreThings to Consider When Opening a Brewery: Dos & Don’ts of Business Relationships
June 19, 2017 Starting a brewery takes passion, bravery, a solid business plan, and plenty of capital. Don’t forget about familiarizing yourself with the local regulatory environment and zoning laws. Amidst all the stress and excitement — and paperwork — of opening a brewery, one thing you may forget to consider is making friends with Read more…
Learn MoreThird Party Beer Distribution — Yay or Nay?
April 4, 2017 Brewers, especially new brewers, face the issue of whether to self distribute their product or rely on a third party beer distributor. Luckily enough, most states give you the right to choose. In Minnesota, for example, you can be licensed to self distribute instead of partnering with a distributor, up to a Read more…
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