With commercial real estate and traditional bank lending out of reach to all but the most established brewing companies, and in the face of a hyper-competitive existing brewery marketplace, how does the craft brewery startup survive and thrive without its own brewery or a proven beer product?

This seminar examines proven strategies for thriving in this challenging marketplace through a legal review of various non-traditional rubrics for marketplace success, including brewing arrangements such as contract brewing or an alternating proprietorship (alt-prop) relationship, production of non-beer products such ready-to-drink cocktails (RTDs), ciders, and other wine products, and other strategies for harnessing sustainable margins while building a successful brand.

Related Resources

• Contract Brewing: Production Best Practices: This playlist of resources highlights some of the technical brewing aspects to consider when navigating a contract brewing relationship.
• Contract Brewing: Legal, Accounting, and Excise Tax Aspects: The world of contract brewing presents many legal, accounting, and marketing implications. This CBC 2022 seminar recording provides perspectives from brewers who have a robust contract brewing practice, and an attorney and CPA with expertise in the brewing industry.
• Alternating Proprietorships for Breweries: Brewers Association General Counsel Marc Sorini explains the difference between an alternating proprietorship and a contract brewing relationship as defined by TTB.

Learning Objectives:

• Discuss the use of contract brewing or alt-prop arrangements in lieu of owning a brick-and-mortar brewery
• Understand key legal considerations for producing and maintaining legal compliance for non-beer products, including attention to trade practice and franchise law matters on a 50-state comparative law basis
• Gain tips for legal compliance while operating on a limited budget

About the Speaker

Jason Barker, Partner

Holland & Knight LLP

Jason H. Barker is a partner of Holland & Knight LLP, an international law firm with offices throughout the United States. Jason represents businesses of all sizes, including global and U.S. market leaders, startups, and development stage companies in the beverage alcohol industry. He represents breweries, wineries, and distilleries directly as well as strategic and financial investors (including private equity, venture capital, and family office funds) who invest in beverage alcohol businesses.

Jason is a member of The Florida Bar and The Oregon State Bar and has been active within several industry guild organizations, including The National Conference of State Liquor Administrators and the Oregon Brewers Guild. Since 2017, he has been an adjunct faculty member at the University of Miami School of Law where he teaches upper level courses detailing the regulation of alcoholic beverages and cannabis. He has also served as a guest lecturer at the University of Virginia School of Law and a contributing author to a law school textbook entitled Wine in America by Aspen Publishing.