The Heady World of Craft Beer Law

Best enjoyed with a cold lager (ale in Texas?) this CLE will take you through the many legal and ethical issues that come up in the world of artisan brewing. Topics will include:

* What exactly is “craft beer” anyway?
* Why do some beers have different names in Texas?
* What unique litigation issues arise between small breweries?
* Why are some breweries so lax with intellectual property?
* What ethical rules do you need to keep in mind with brewery clients?

This CLE is geared towards practicing attorneys but will be interesting for anyone who has ever had a beer. The presentation will provide 1.0 hours of CLE credit with .25 hours of ethics included.

1. THE HEADY WORLD OF Craft Beer LAW
James Creedon, Van Every Creedon PLLC

2. Van Every Creedon PLLC is a law firm located in
McKinney, Texas, which represents companies
throughout the United States. From sole
proprietors to billion-dollar industry giants, we
offer personal attention to each and every client,
ensuring their ability to focus their energies on
building their ventures.
We provide practical solutions based on the law,
good business practice, and common sense.
Sharing your entrepreneurial spirit, we’re
business owners who happen to be lawyers.
About Us

3. WHY
CRAFT BEER

4. RUSSIAN
RIVER
AVERY
Both had a Salvation in their line, but
combined to create a joint venture that would
benefit both breweries

5. Interesting
Unique and changing legal
situations combined with
phenomenally fun people
Local
A chance to contribute to a
community-oriented
business committed to the
public good
Trendy
In the news, on Facebook, at
a restaurant — people are
talking about it
Money
Almost $3.8 billion last year
in Texas — and growing!
Four Reasons to Talk About Craft Beer

6. 02
INDEPENDENT
Less than 25 percent of the
brewery is controlled by
non-craft member
03
TRADITIONAL
Historic ingredients such as
malted barley are primary
01
SMALL
Annual production of 6
million barrels of beer or less
Craft Brewer Definition

7. 02
INDEPENDENT
No Blue Moon, Shock Top,
Magic Hat, or any other
“AB InBev meddling”
03
TRADITIONAL
As craft breweries
experiment more, wider
ingredients are allowed
01
SMALL
Used to be 2 million barrels,
but as Sam Adams has
grown, so has the number
Behind the Craft Brewer Definition

8. Growth of the National Craft Beer Economy
© Brewers Association 2016

9. Growth of the Texas Craft Beer Economy
© Brewers Association 2016

10. BREWERY
LITIGATION

11. LAGUNITAS
SIERRA
NEVADA
Lagunitas quickly discovered that the craft
beer community frowns upon unnecessary
litigation — a lesson for future counsel

12. FLYING
DOG
AB INBEV
Trade dress infringement? Or simply a “wild
style” to catch consumer attention?

13. FLYING
DOG
DEEP
ELLUM

14. ALAMO
TEXAS
TEXIAN
When Alamo Beer and Texan Brewing
decided to battle it out, the State of Texas
stepped in and claimed its own

15. TABC
LITIGATION

16. May 2013
TX Craft Beer Legislative
Overhaul
September 2015
Deep Ellum Brewing v. TABC
(WDTX)
December 2014
Live Oak Brewing v. TABC
(Travis County District Court)
Authentic Beverages v. TABC
(WDTX)
December 2011
July 2012
TABC modifies labeling rules to
align with WDTX opinion
TABC Litigation

17. THE
TAKEAWAYS

18. Many owners have known each other for
years and come into contact at
conferences and trade shows
Average business decisions can cause
outcry in a community that values
reputation and collaboration
Eyes are on the prize, often to the
detriment of measured and thoughtful
legal and business planning
Close-knit
Populist
Goal-focused
Counsel
Counsel is generally viewed as a
part of the team who can provide
expertise but can also stay behind
afterwards and share a beer — a
cultural fit is often critical, but can
hamper forthright communication
Unique Characteristics of the Craft Beer Community

19. Ethical Considerations
01
02
03
04
Be Forthright
Recognize that the detriment of familiarity is hesitance to be
adversarial — if something is wrong, point it out
Be Thorough
What the owners view as minor obstacles or minimal
details may be critical to the business
Be Friendly
Keep in mind that the long-term interests of your client
may differ from the litigation instinct — stay positive
Be Proactive
Conduct a thorough analysis of potential liabilities and create
mechanisms to monitor them as the brewery progresses

20. [email protected] 817.458.2679 www.vaneverycreedon.com
VAN EVERY CREEDON PLLC
6401 Eldorado Parkway
Suite 209
McKinney, Texas 75070
Contact Us