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Wineries and Vineyards
The Pacific Northwest is home to almost a thousand wineries and nearly twice as many vineyards. The region's wine industry is growing by leaps and bounds as the varietals that thrive here become more popular with consumers. Our Wineries and Vineyards practice group combines decades of experience navigating the Northwest legal landscape with in-depth knowledge of the issues facing the Northwest wine industry. We are dedicated to helping you develop, protect and grow your business. Client ServicesWe provide exceptional service and advice related to topics that impact our winery and vineyard clients the most, including but not limited to:
- Business Formation and Succession Planning. Winery and vineyard owners must choose the right form for their business organization to balance financial flexibility with legal protections. The chosen structure can affect liability; management and control; taxation; business financing; and succession. Our attorneys are well versed in assisting clients with selecting the structure that best suits their needs whether that requires the formation of a corporation, limited liability company, partnership, joint venture, or an association; the formation of a subsidiary; or a reorganization.
- Trademark Protection. Trademarks and trade dress are key components of an overall marketing strategy. We assist winery clients in establishing and managing their trademark portfolios by regularly advising clients on the selection and protection of their brand, label, logos, service marks, slogans and trade dress. In particular, our services cover trademark clearance, registration and enforcement; trademark oppositions and cancellations; and trademark licenses and other agreements.
- State and Federal Regulatory Compliance. We regularly assist wineries and custom-crush facilities to accommodate alternating proprietorships, custom-crush host/client arrangements and inventory expansion by preparing and filing of beverage license and permit applications with the Oregon Liquor Control Commission, Washington State Liquor Control Board, and the federal ATF Trade & Tax Bureau.
- Land Acquisition, Permitting and Zoning. Our firm is one of the leading Northwest law firms in real estate transactions and the practice of land use law. We provide advice and planning to assist our clients in the acquisition, ownership, management and disposition of agricultural and commercial holdings and leases, as well as, assist clients with obtaining financing for land purchases and preparation and review of loan documentation and assisting with closings.
- Winery Construction and Design. Our attorneys have considerable experience guiding clients through construction and design law issues. Whether you are designing a winery from the ground up, excavating or installing irrigation systems, or seeking to make "green" upgrades to your existing facility, an ounce of prevention is worth a pound of cure.
- Environmental and Natural Resource Issues. Schwabe lawyers are recognized specialists in the Northwest in all areas of environmental law. Our attorneys represent diverse clients seeking to comply with state and federal regulations as they apply to air and water quality; wastewater and process water management; solid, toxic, and other hazardous waste disposal; land acquisition; and insurance issues.
- Water Law. Our firm is one of the most respected Northwest law firms in the practice of water law. Our water law attorneys provide assistance on all types of water rights and water use issues, including extensions, mitigation plans, Endangered Species Act and Clean Water Act compliance, administrative proceedings before the Water Resources Department or other state agencies, and performing a "water rights audit" to give you a clear picture of water rights associated with any property.
- Labor & Employment and Immigration. Positive employment relations are essential to the overall health of any organization. Our firm's labor and employment lawyers help wineries and vineyards develop and maintain constructive relationships with their employees. Recent changes to immigration rules make it more important than ever that employers are in compliance with Form I-9 and other requirements and avoid employer sanctions.
- Tax Planning and Tax Litigation. We conduct an integrated tax practice, relating to corporate and partnership tax planning, property and excise taxes, employee benefits, estate and succession planning, probate, and related areas. Our tax attorneys assist wineries and vineyards in all areas of tax litigation, defending audits and appeals before the IRS and in federal and state tax courts.
- Business Litigation. Schwabe's litigation attorneys help our winery and vineyard clients anticipate and resolve disputes relevant to the wine industry, including lease disputes, sales of businesses, issues regarding distribution contracts, intellectual property enforcement, real property transactions, construction disputes, commercial banking and financial matters, and unfair competition. Our litigators also represent wineries and vineyards in administrative proceedings, arbitrations and mediations.
Representative Clients
- A to Z Wineworks
- Beacon Hill Winery
- Brick House Vineyards
- Francis Tannahill
- Lemelson Vineyards
- Mistica Wines
- Natalie's Estate Winery
- Palotai Vineyards
- Rex Hill Vineyards
- Tesoaria Vineyard & Winery
- Wildaire Cellars
- William Hatcher Wines
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