TFH Legal

Etowah Meadery wanted to also have the ability to brew beer, which was prohibited by the Alcohol & Tobacco Division of the Georgia Department of Revenue. We worked with ATD to generate a memorandum of understanding - that is, imposing conditions that made ATD comfortable with the idea. Etowah Meadery was the first establishment in Georgia to hold both a farm winery license and a brewery license. Cheers to that! https://etowahmeadery.com/

A few years ago, when Viking Alchemist first came to us with its business plan to be one of the first brick and mortar meaderies in Georgia, we worked with our contacts in the Alcohol & Tobacco Division of the Georgia Department of Revenue to persuade them that a meadery is eligible to hold a Georgia Farm Winery license - without that, the brick and mortar concept fails. Go grab some mead at one of the three Viking Alchemist locations! https://www.vikingalchemist.com/

When Chattabrewchee was just starting out, a giant global company tried to bully the small start-up regarding its IP. Well, the owners of Chattabrewchee, Mike and Kathy, are respectively a retired Lt. Col. with the Army 5th Special Forces Group and an active duty Army JAG officer. Out of respect for Mike and Kathy's dedicated service to our country, we took on the goliath pro bono, and, after many months of fighting, were able to resolve the matter. And now, you can go on down to Columbus, GA and enjoy the many delights Chattabrewchee offers.

The FDA finalized regulations governing gluten-free claims for fermented foods. The rule applies to alcoholic beverages that fall within the FDA’s primary labeling jurisdiction.

Find out if your state allows shipping alcohol directly to your doorstep! Certainly one of the most prominent and pressing issues of the day is that of direct-to-consumer sales that is, either sales directly from a supplier to a consumer or sales from an out-of-state supplier or retailer to an in-state consumer. https://www.tfhlegal.com/direct-to-consumer-sales

Under the federal Controlled Substance Act (the CSA) (21 U.S.C. 812), certain substances are identified and classified into one of five schedules depending on the potential for abuse of the substance, the potential for dependence on the substance, as well as any current accepted medical use of the substance. https://www.tfhlegal.com/decriminalization-of-cannabis

Do you know what Mississippi's "Passage of Title" is? Let's find out!

In case you missed this article, learn about Missouri's Alcohol Ad Regulations! https://www.tfhlegal.com/missouri-alcohol-advertising-case

Regarding CBD oil in beer, the TTB has issued a statement about beer that contains these cannabis-related additives. https://www.tfhlegal.com/cbd-and-alcohol

Lisa Harper quoted in Law.com article about the importance of partnering with clients through good times and bad. https://www.tfhlegal.com/law-firms-manage-client-collectio/

TFH Legal is privileged to have a long standing strong relationship with the Georgia Craft Brewers Guild. On the Firm side, the relationship was built through the efforts Taylor Harper. Taylor naturally had an affinity for the product and the people in that sector of the beverage alcohol world and wanted to see it succeed. The Guild recently surprised Taylor by showing its appreciation of him at a meeting. That unexpected, unprompted recognition of Taylor’s efforts and contribution was much appreciated by Taylor and the Firm, as is our continuing relationship with the Guild.

https://www.tfhlegal.com/finally-some-relief-and-clarity-r/

Re-Opening Your Business and Unemployment Insurance Can Employees Still Collect Benefits? https://www.tfhlegal.com/re-opening-your-business-and-unem/

Unemployment Claims Update from GDOL

Restaurant Employee Relief Fund Growing: Starting Thursday, April 2, restaurant employees can apply to receive a check for $500 from the National Restaurant Association Educational Foundation Restaurant Employee Relief Fund to use toward bills, including housing, transportation, utilities, childcare, groceries, medical bills and/or student loans. The National Restaurant Association Educational Foundation has launched the Restaurant Employee Relief Fund to support U.S. restaur...ant employees financially impacted by the coronavirus crisis. Read more here: https://www.restaurant.org/

TTB announces a 90-day postponement for TTB excise tax-related filings!! See below. The Alcohol and Tobacco Tax and Trade Bureau (TTB) recognizes that businesses that we regulate are being severely impacted by COVID-19. To assist these businesses during this period, we are postponing several filing and payment due dates for 90 days where the original due date falls on or after March 1, 2020, through July 1, 2020. Specifically, we are:... 1. Postponing tax payment due dates for wine, beer, distilled spirits, tobacco products, cigarette papers and tubes, firearms, and ammunition excise taxes. 2. Postponing filing due dates for excise tax returns. 3. Postponing filing due dates for submission of operational reports. 4. Postponing filing due dates for claims for credit or refund by producers. 5. Postponing filing due dates for claims by manufacturers of nonbeverage products. 6. Postponing due dates for submission of export documentation. 7. Considering emergency variations from regulatory requirements for affected businesses on a case-by-case basis. 8. Reviewing requests for relief from penalties based on reasonable cause. See TTB Industry Circular 2020-2 for additional details: .https://www.ttb.gov/industry-/ttb-industry-circulars-2020-2

Will a Force Majeure Contract Provision Help a Business With Its Creditors, Lenders and Landlords as a Result of the Pandemic? Download this guide here:https://www.tfhlegal.com/force-majeure/

How Employers Can Help to Stop the Spread of the Virus Download this guide: https://www.tfhlegal.com/how-employers-can-help-to-stop-th/

Unemployment Insurance and the Corona Virus Download this guide: https://www.tfhlegal.com/unemployment-insurance-and-the-co/

Employee Time Off and Corona Virus Download this guide: https://www.tfhlegal.com/employee-time-off-and-corona-virus/

Will My Lender Give Me Any Relief as a Result of the Economic Effects of the Pandemic?

See the attached guidance from TFH Attorney Lisa Harper regarding COVID employment issues. In these crazy times,TFH is more dedicated than ever to protecting the interests of those in the hospitality industry. We’re happy to partner with the GRA to continue to get valuable information out to Georgia restaurants. https://www.garestaurants.org/n/covid-19-employer-guidance

"Today, the National Restaurant Association called on President Trump and congressional leaders to provide immediate relief in the wake of government-mandated operational changes. The large-scale closures and restrictions on gatherings have created an economic hardship that will ripple through every community in this country." Read the whole story here: https://restaurant.org//business/Natl-Rest-Association-COV

Distilleries can make hand-sanitizer without first seeking TTB permission (for now). From the TTB: Due to the Coronavirus 2019 (COVID-19) pandemic, the Acting Administrator of the Alcohol and Tobacco Tax and Trade Bureau (TTB) has found that it is necessary or desirable to waive provisions of internal revenue law with regard to distilled spirits, and therefore is providing certain exemptions and authorizations to distilled spirits permittees who wish to produce ethanol-based... hand sanitizers to address the demand for such products during this emergency. Any existing DSP therefore can immediately commence production of hand sanitizer or distilled spirits (ethanol) for use in hand sanitizer, as described below, without having to obtain authorization first. These measures are generally authorized under authorities that apply in disaster situations, and as a result, are initially approved through June 30, 2020, with the possibility for extension as necessary. See more

TFH Attorney Profile: TFH shareholder Cher Gregoire has over fifteen years of experience in commercial litigation in state and federal courts, including jury trials, bench trials, mediation, arbitrations, and appeals. Her litigation practice covers a wide array of areas, including contract, trade-secret, intellectual property, business divorces between members/ partners/shareholders, and disputes involving construction, real estate, insurance coverage, employment, commerci...al leases, professional malpractice, and probate. Cher also has extensive experience assisting clients with secured and unsecured loan transactions and special asset management and recovery. She also assists her clients with day-to-day business matters, including commercial contracts, operating agreements, construction contracts, leases, employment agreements, and non-disclosure and non-compete agreements. See more

Born and raised in Atlanta, Terry S. Bailey began his career with government positions with the City of Atlanta, the Office of the Fulton County Attorney, and later, the Georgia General Assembly. In 2013, Terry was appointed by the Mayor of Atlanta to the City’s Zoning Review Board, where he served as a board member for two years. While serving Atlanta on the Zoning Review Board, Terry was afforded the opportunity to impact hundreds of developments while making recommendation...s to the Zoning Committee of City Council on pending re-zoning and special use permit applications. Terry’s current practice focuses on beverage-alcohol licensing and regulatory compliance. In this role, Terry assists clients in navigating the local, state and federal statutes and regulations that govern the production, distribution and sale of alcoholic beverages (including issues pertaining to site due diligence and zoning). He has developed a niche for representing hotels, restaurants, convenience stores, clubs, and other businesses in the hospitality industry. Terry also lead the firm’s Lottery Compliance Division, and represents one of the largest gaming route operators in the State of Georgia.

Congratulations to TFH attorneys Lisa Fivars Harper Swann, Taylor Harper, and Terry S. Bailey on recently winning a week-long jury trial in Fulton Superior Court.

Interested in learning about what it takes to enter the craft beer industry? Want to take your idea from a napkin to reality? Come check out the 3rd Annual Dreamer's Workshop next Wednesday May 8th. We will have legal, accounting, and SBA experts, as well as a panel of experienced brewers and brewery owners to help you hone your plans. https://www.pkm.com/event/3rd-annual-dreamers-workshop/

Interested in the craft beer industry? Thought about starting your own brewery or investing in one? Come learn the ins and outs at the 2018 Southeastern Craft Brewers Symposium where my colleagues and I will guide you through the regulatory gauntlet. It is THIS FRIDAY Nov. 2! https://www.eventbrite.com/e/gcbg-brewing-business-symposiu

Attorney Profile: Lisa F. Harper (Lisa Fivars Harper Swann) Lisa is a native of Atlanta and received her law degree, with honors, from Georgia State University in 1991. At GSU, Lisa was an associate editor and special staff to the managing editor of the Georgia State Law Review, and received American Jurisprudence Awards in litigation and Corporations II. She received GSU College of Law academic scholarships from 1988-1991 and was a member of Delta Theta Phi. Prior to attend...ing law school in 1988, Lisa held management and other key positions with corporations and financial institutions. Lisa's pre-legal experience not only provides her with a wealth of practical knowledge that she uses in her everyday legal practice, but it also allows her to see legal matters from a client's perspective; a combination that is both appreciated by, and beneficial to, our clients. Through her non-legal career experience, as well as her 25+ years of experience in the practice of law, Lisa is both skilled in and is known for her judgment in a variety of legal and practical areas. As a result, many of Lisa’s clients, both business and individual, have come to rely on her in a general counsel capacity and seek her input on a wide spectrum of matters. As to specific areas of expertise, Lisa has developed particular knowledge and skills in areas of law including but not limited to: Real Estate, Employment, Commercial Leasing, Commercial Lending, Business Contracts, and Business Partner and Shareholder Issues. Due to her client needs and the nature of the areas of law in which she focuses, Lisa's practice in most of these areas has both litigation (as well as litigation prevention) and transactional aspects. For example, a substantial portion of Lisa's practice is related to commercial leasing. In that practice, Lisa reviews, drafts and negotiates commercial leases, as well as litigates or otherwise resolves disputes involving commercial leases. In her employment practice, Lisa again both drafts documents such as offer letters, employment agreements, severance agreements and employee handbooks, as well as handles the litigation side in which employment claims are asserted or threatened. As part of this practice, Lisa encourages claim avoidance by offering a variety of services, including but not limited to a general review of client practices and/or lunch and learn type legal overview presentations. Lisa has been rated AV Preeminent by the peer review rating system of Martindale-Hubbell Law Directory and has received the Martindale Hubbell Top Rated Lawyer Award in Labor and Employment. Lisa most enjoys, however, developing long term relationships with her clients and becoming a partner with them in furthering their interests.

Ultimately, my goal is to give my clients more in value than I take in payment, says Taylor. Taylor’s practice focuses primarily on regulatory compliance, government affairs, and litigation in the beverage-alcohol industry. Specifically, he focuses on assisting supply-tier companies, e.g., breweries, distilleries, wineries, etc., and retail-tier companies, e.g., restaurants, hotels, package stores, etc., in administrative, regulatory, and litigation matters at the federal, ...state, and local levels. "One of my greatest privileges has been the opportunity to serve as general counsel to the Georgia Craft Brewers Guild. Getting to play an integral role with a burgeoning, highest caliber group like the Guild has been the highlight of my career thus far," says Taylor. "It's the people, the people that make up this industry are who and what make my job so fulfilling." The beverage-alcohol industry is highly regulated and governed by a complex web of laws from multiple, intersecting jurisdictions. In his regulatory compliance practice, Taylor helps individuals and companies navigate this gauntlet with care, foresight, and precision to protect them from mishaps and position them for success. On the litigation side, he uses his industry expertise to achieve the best possible solution for his clients, whether through trial or negotiated resolution. Outside of legal work, Taylor will begin teaching a beverage-alcohol law course this spring at the Georgia State University College of Law. Additionally, he serves as the Chairman and President of Maji Mazuri USA, a non-profit organization helping to alleviate poverty in the Mathare Valley slum located in Nairobi, Kenya. He is a member, and serves on the board, of the Rotary Club of Buckhead as well as Leadership Buckhead. More than anything, he enjoys spending time with his wife and children (and their chocolate lab, Coe). He also participated in a family tradition by taking Jeff Justice's Comedy Workshoppe and performing live at The Punchline. "One of the scariest, but coolest, things I've ever done, for sure. After you stand on a stage and try to make people laugh, not much else scares you."

"For many years this firm has been a trusted partner and helped us navigate the complexities of alcohol law." - The Palm Restaurant

With a wealth of experience in the complex area of alcohol law, this firm can be a valuable asset to any company operating in the beverage-alcohol space. Thirteenth Colony Distillery

These guys really know their stuff! Invaluable expertise in a very complicated area of law. Michael Lundmark, Jekyll Brewing

TFH Beverage Law attorney C. David Lumsden graduated from Emory University School of Law with distinction (in the top 10% of his class) in 1992. David also obtained his undergraduate degree in accounting (B.B.A.) from Emory University School of Business, where he graduated with high distinction in 1989. David's practice focuses primarily on representing and advising privately-held businesses of all types and sizes (primarily middle market businesses) and entrepreneurs, as we...ll as senior executives and other key employees of both privately-held and publicly-traded businesses. He assists businesses (and their owners) in all phases of their operations, including start-up and structuring (such as C and S corporations and limited liability companies), raising capital or other funding (such as private placements, venture capital, and bank loans), negotiating and implementing contracts of all types (such as employment agreements, incentive arrangements, buy-sell agreements, distribution agreements, and confidentiality, non-solicitation and non-competition agreements), business and asset acquisitions and divestitures (such as asset and stock transactions and taxable and tax-deferred mergers and reorganizations), joint ventures, and facilitating exit strategies, whether through a sale or merger or through internal succession planning. David also assists executives and key employees in negotiating employment agreements and equity and non-equity incentive arrangements, as well as separation and severance arrangements. He advises them in the areas of compensation and benefits, duties, post-employment restrictions and severance packages. David strives to facilitate both the business and legal interests of his clients. David's cross-training and experience in many business and transactional areas, including mergers and acquisitions, securities, tax, employment, and restrictive covenants, enable him to efficiently handle numerous issues for his clients. He knows when to work with professionals in other areas, such as specialty legal, tax, and accounting areas, if and when his clients' interests will be better served by doing so.

"Creative thinkers who are willing to challenge the status quo." -- Bob Sandage, Wrecking Bar Brewpub

Today check out the Chili Cook Off benefit at Southern Brewing Co., or some beer and bingo at Arches brewing. On Saturday there’s a breweriana collectibles show in Tucker, Concrete Jungle bottle release at Wild Heaven, Southern Sky Brewing celebrates their 2nd anniversary, and Butcher & Brew hosts a festival in Alpharetta. Keep up with GA beer happenings with Beer Guys Radio Tim Dennis. http://beerguysradio.com//this-week-in-georgia-beer-nov-3/

Here's a pic from last year of attorneys Taylor Harper and Dan Plevak celebrating the victory of brewpubs being allowed to sell growlers with 5 Seasons' owners, Crawford Moran and David Lloyd Larkworthy, City of Atlanta Council member Kwanza Hall, and Senator Hunter Hill. Love this pic.

Attorney Profile this week: Otto F. Feil, Esq. Otto F. Feil, a native of Atlanta, obtained a Bachelor of Arts degree in history from Yale University in 1973. He attended law school at the University of Georgia where he obtained his law degree, magna cum laude, in 1976. While at the University of Georgia, Otto served as Editor-in-Chief of the Georgia Law Review, and he was named a member of the Order of the Coif.... Otto has also played a leading role in the firm's alcohol beverage practice. For many years, he has represented clients in this industry with respect to regulatory matters, contract negotiation, and litigation. Otto also advises manufacturers and other businesses concerning issues pertaining to distribution, marketing, and government regulation. Such matters include representation with respect to dealer agreements, product warranties, franchising, and dealer terminations. More than anything, Otto is a trial lawyer with more than thirty years' experience. He has litigated numerous cases in state and federal courts throughout the United States. He has appeared on behalf of plaintiffs and defendants in a broad variety of litigation disputes. Although his litigation practice is not limited to any narrow area, he has particularly strong experience with respect to complex business disputes, including disputes involving contracts, business torts, fraud, intellectual property, securities, franchising, finance, and commercial real estate. Otto also has experience in the area of Sports and Entertainment. Otto has represented athletes and entertainers on a broad variety of matters over the years. He and the firm currently represent the nation's largest professional wrestling organization as regional counsel. Since 1992, Otto has taught trial advocacy skills to other trial lawyers in his capacity as a faculty member at the National Trial Advocacy College held annually at The University of Virginia School of Law. In 2010, he received the Brennan Award for his work in teaching trial advocacy. Otto was named by Law & Politics and Atlanta Magazine to the Georgia Super Lawyers list from 2007 to the present. Otto has been rated "AV" by the Martindale-Hubbell Law Directory, its highest rating, for many years.

The attorneys at TFH Beverage Law (TFH) have over 100 years of combined beverage-alcohol industry experience. Since its inception in 1978, the full-service commercial firm has had a heavy focus on the hospitality industry and, more specifically, the beverage-alcohol industry. The beverage-alcohol industry is highly regulated and governed by a complex web of laws from multiple, intersecting jurisdictions. We help individuals and companies navigate this gauntlet with care, f...oresight, and precision to protect them from mishaps and position them for success. We have been a leader in this practice area for nearly 40 years. We are regularly asked by government officials, legislators, and trade organizations to explain the ins and outs of the industry. Ultimately, our goal is to give our clients more in value than we take in payment. We avoid the highly-leveraged law firm model adopted by some firms. Instead, we provide our clients with hands-on service by experienced attorneys who are responsive and accessible, and who work shoulder to shoulder with our clients to meet their needs and goals.