Alcohol M&A Resource Center - McDermott Will & Emery

ALCOHOL M&A

RESOURCE CENTER

Buying and selling alcohol companies is fraught with a host of regulatory complexities that when left unattended can bring unforeseen harm to a deal. That’s why you need an M&A team with decades of multidisciplinary alcohol regulatory-focused experience handling your deal from start to finish—and beyond.

McDermott’s 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 the regulatory landmines are in the alcohol space and how to avoid them, whether those relate to excise tax, acquisition structure, “tied-house” management, intellectual property, or diligencing formulas and labels. We guide you through the regulatory ins and outs so that your deal closes seamlessly and successfully.

CAPABILITIES

Few firms, if any, have the reputation that McDermott has in the alcohol industry. Our Chambers-ranked, premier team combines the skill of dedicated, full-time alcohol regulatory and distribution professionals with the resources of top practitioners who possess significant experience representing alcohol beverage companies across all areas of legal practice.

McDermott partners with market leaders and emerging brands to navigate the complex and evolving regulatory landscape to bring new products to market and grow their market shares domestically and internationally. Our highly respected team includes members that have worked in-house at some of the most well-known alcohol companies in the world, giving McDermott a sophisticated and comprehensive understanding of how to leverage our clients’ legal strategies to grow the bottom line.

We lead our clients down the road to the deal and, regardless of the path, we understand how to get you there. Whether you are a traditional player in the alcohol industry or in an alcohol-adjacent space, a private equity company looking to strengthen your portfolio, or a producer looking to sell your product, we have you covered.

 

FOOD AND BEVERAGE COMPANIES

When looking to acquire or sell a company, alcohol and adjacent industry companies have a goal in mind, and our team is equipped to support you to achieve it. Just like other regulated industries, the patchwork of regulations permeates each item in the deal sheet. While your internal teams are stretched thin to achieve maximum ROI within a tight timeframe, our dedicated team has the broad experience to triage the fire with the full picture in mind. We knit the pieces together to ensure effective communication and flow and carry your deal across the finish line to help grow your business.

 

PRIVATE EQUITY AND OTHER INVESTMENT FUNDS

Private equity is our bread and butter. We realize the risk tolerance inherent in value-focused transactions, and we provide practical guidance to make sure you get there quickly. Our team creates a strategy and acquisition structure to protect investors and manage the deal from soup to nuts. We know how to ensure compliance and harmony across all your portfolio companies.

 

FOUNDERS

Founders have a unique stake in their business, and we understand the need to recognize and protect their interests when the company is being acquired or sold. We listen to founders’ goals from the outset and work together to achieve them. This may entail cleaning up the corporate structure and preparing the company for purchase, as well as addressing tax considerations. Whether they want to continue to have a role in the company or not, we look over the horizon to strategically position them within the new corporate structure or develop an exit plan. We make sure founders get what they want for their business.

INSIGHTS & MEDIA

2024 Recap and What’s on Tap for Alcoholic Beverage Companies, Webinar, December 11, 2024

Understanding How the New HSR Regime Impacts Your Business, Webinar Key Takeaways & Recording, October 29, 2024

New Premerger Notification Regime to Fundamentally Change M&A Strategy, On the Subject, October 14, 2024

Becoming an Attractive Target or Looking to Invest, DISCUS Annual Conference, March 4-6, 2024

The Tax Implications of Purchasing Craft Producers in the First Half of 2024Alcohol Law Advisor, December 19, 2023

Alcohol Industry M&A: Common Pitfalls for Founders (and Avoiding Them) Part One: Formulas and Processes, Alcohol Law Advisor, October 30, 2023

Crafting a Brand Vision: Fishers Island Lemonade Sells to E. & J. Gallo, Case Study, September 2023

Preparing for M&A Under the Foreign Subsidies RegulationLaw360, July 27, 2023

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement, On the Subject, July 24, 2023

Cross-Border M&A Comparison Table, Publication, July 11, 2023

McDermott Represents Destillers United Group in Its Sale of Diplomático Rum to Brown-Forman Corporation, Press Release, January 23, 2023

McDermott, Gibson Dunn Advise on Sale of Venezuelan Rum Brand to Brown-Forman, Law.com International, January 19, 2023

Campari Group’s Acquisition of Wilderness Trail Distillery, Global Legal Chronical, November 9, 2022

Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business?, Webinar Recording, February 24, 2022