Overview
As a player in the unique alcoholic beverage and non-beverage products market, you need a strategic ally: Legal counsel that understands the alcohol business better than anyone and can help you navigate this intricate regulatory landscape. That’s McDermott.
We have represented the biggest and most innovative names in the industry across the US, along with dozens of multinational corporations worldwide, for years. That’s because we do more than answer routine questions. Clients come to us for our personalized, efficient approach to solving any challenge. Because we’re deeply ingrained in the industry and at the forefront of regulatory risks and opportunities, we’ve advised clients through decades-long growth journeys.
Issues that may seem to present an unexpected twist—or fall outside the scope of traditional alcohol regulatory and distribution capabilities—are part of a typical day’s work for our lawyers. We don’t outsource. Rather, our clients have the benefit of McDermott’s full-service approach, as our in-house practices collaborate to identify and address any issue. Our alcohol regulatory and distribution team works shoulder-to-shoulder with lawyers across intellectual property, M&A, antitrust, consumer protection, tax, trade, privacy and sustainability to develop, protect and enhance our clients’ businesses.
That’s why Chambers USA has recognized us for nearly two decades as among the top law firms nationally for Food and Beverages: Alcohol. More importantly, it’s how we continue to attract and retain our dedicated client base, no matter how many other firms say they can do the same caliber of work. Our clients know they can’t.
Who We Represent
We have experience working with goods ranging from traditional alcoholic beverages to ready-to-drink cocktails, flavored malt beverages, formula wines, distilled spirit specialties and other nontraditional products. No matter your position in the industry or stage in the business life cycle, our alcohol regulatory and distribution lawyers have the prowess, acumen and drive to get you where you want to be.
SUPPLIERS AND IMPORTERS
Our extensive work on high-stakes issues, coupled with our track record of advising major suppliers and importers, gives us a comprehensive understanding of industry best practices. We advise importers and manufacturers around the world on all aspects of importing and exporting alcoholic beverages and products. Our clients benefit from the full strength of McDermott’s alcohol regulatory and international trade practices in handling their import and export issues and ensuring minimal disruption to supply and business operations.
STRATEGIC INVESTORS
Whether you’re a seasoned investor or exploring your first venture into alcohol and beverage companies, your outside legal counsel must be on the pulse of the legal and regulatory issues and opportunities that come with operating in this complex market. Our alcohol regulatory and distribution lawyers handle all aspects of compliance and structural considerations for our strategic investor clients. The combination of our deep industry knowledge and the strengths of McDermott’s M&A practice makes us a natural choice for advising clients on their transactional strategy and deal needs.
RETAILERS
On- and off-premises alcohol retailers face a host of unique and evolving regulatory challenges. Our team not only assists retailer clients with existing compliance matters, we also help them navigate 50-state promotional and advertising opportunities. And we think outside the box about new, innovative ways to leverage existing relationships with alcohol suppliers and distributors.
Traditional Capabilities
Our work for suppliers and importers, strategic investors and retailers spans the full spectrum of legal and regulatory issues, including:
- Product formulation and production
- Permitting and licensing
- Labeling
- Distribution
- Trade practice compliance
- Advertising, marketing and promotions
- Non-alcoholic products
- Commercial agreements
In representing and advising our clients on these issues, we are very active before the Alcohol and Tobacco Tax and Trade Bureau (TTB), the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). We work closely with state control authorities and have broad experience with US Customs and Border Protection (CBP). Understanding regulatory objectives allows us to guide clients over any compliance hurdle and avoid disruption to business operations. Through our close ties with trade associations and government groups, we also provide clients with legislative and policy support.
Unique Capabilities
As your company grows, you will encounter complex intellectual property, M&A, taxation, customs and trade issues. No matter the situation, McDermott has experienced lawyers to help anticipate the issue and develop a solution.
- FTC compliance and consumer protection: Our consumer protection and unfair competition team helps alcohol industry clients stay a step ahead of emerging issues in the digitized retail world. Soup to nuts, we handle the federal and state compliance, investigations and litigation that come with operating in the most competitive markets. We regularly advise on appropriate and adequate disclosures throughout advertising, marketing, product labeling and packaging, social media endorsements and reviews, subscription services and automatic renewals.
- Intellectual property: The biggest names in the alcohol industry turn to our intellectual property lawyers to protect the integrity of their most celebrated trademarks. We offer comprehensive services covering portfolio management, trademarks, patents, trade secrets, copyrights, licensing transactions negotiations, brand identity policing programs and, when needed, litigation to protect intellectual property assets by pursuing prosecution of violators.
- M&A: Our alcohol M&A team identifies and addresses regulatory issues before and at the onset of a deal, instead of cleaning up after the fact, by providing strategic advice and practical solutions throughout all phases of the transaction. This includes in-depth counseling on deal opportunities and favorable structures before a deal is even initiated. Given the depth and breadth of our practice, we know where to find and how to avoid regulatory landmines in the alcohol space, whether they relate to excise tax, acquisition structure, “tied-house” management, intellectual property, or diligencing formulas and labels.
- US Customs and Border Protection: US and international companies turn to our international trade team for a wide range of customs matters affecting the importation of alcoholic beverages, including country of origin and marking, tariff classification and dutability, valuation and pricing, drawback, bonded warehousing and use of foreign trade zones. We advise on and represent clients before the CBP on issues involving port entry procedures, customs protests, binding ruling proceedings and enforcement cases.
- Tax: Our tax lawyers offer comprehensive services to alcohol industry clients covering M&A tax structuring, federal tax planning, state and local tax matters and cross-border transfer pricing. We handle tax and corporate restructuring to maximize benefits, represent clients during audits and defend programs challenged by tax authorities. Because alcoholic beverages are subject to a complicated variety of excise and occupational taxes, companies seek our counsel on minimizing tax exposure, addressing TTB audit issues and negotiating offer-in-compromise settlements.
- Investigations and enforcement: Whether negotiating a settlement or offer-in-compromise with the government, participating in proceedings before state alcohol control authorities, litigating a trade practice action or defending against a criminal indictment, we combine our extensive alcoholic beverage regulatory experience with civil and criminal litigation to protect our clients’ interests.
