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  • Jun 05, 2020Liquor License Laws, Medical Marijuana & Service Animals: Impact on Real Estate

    Richard B. Somach, a Member of law firm Norris McLaughlin, P.A., along with the firm’s Associates Matthew B. Andersen, David C. Berger, and Alyssa M. Hicks, will present the livestream webinar, “Liquor License Laws, Medical Marijuana & Service Animals: Impact on Real Estate,” for Greater Lehigh Valley REALTORS®, a trade association that represents nearly 3,000 real estate professionals.

    About the Impact on Real Estate

    Discussion topics will include:

    • What landlords must consider when renting a property to a tenant with a liquor license
    • The implications of leasing a property to a manufacturer of medical marijuana
    • The eviction process and the restrictions on property use
    • The legal vs. illegal uses of marijuana
    • The rights and responsibilities of landlords, tenants, and property buyers
    • The difference between a service animal and an emotional support animal
    • The responsibilities and liability of having an animal on their premises

    When: Monday, August 17, 2020

    1:00 – 4:30 p.m.

    Where: Greater Lehigh Valley Real Estate Academy

    10 S. Commerce Way, Bethlehem, PA 18017

    Registration: glvreacademy.com

    • Members: $45.00
    • Non-Members: $65.00

    About Your Attorneys

    Rich Somach

    Rich focuses his practice on real estate, commercial law, and creditors’ remedies, representing real estate development companies, shopping centers, and local banks. He has represented real estate owners, developers, and investors in a broad range of real estate transactions, including zoning matters,  subdivisions, and shopping center development.

    As a licensed title insurance agent, Rich is the founder of the title insurance and settlement company ABE Settlement Services, creatively serving client needs. He currently serves as legal counsel to the Greater Lehigh Valley REALTORS®.

    As a former Assistant Lehigh County Solicitor, Rich advised the Sheriff’s Office, the Tax Assessment Office, and the Tax Claim Bureau, and frequently writes and lectures on real estate matters, including sheriff’s sales, real estate tax sales, and lien priority issues for the Pennsylvania Bar Institute. He has also presented numerous lectures at the annual Real Estate Institute program.

    Matt Andersen

    Matt concentrates his practice on business law and liquor law.

    In his liquor law practice, Matt works with all tiers of the alcohol industry, advising manufacturers, retailers, and wholesalers. He assists breweries, distilleries, wineries, wholesalers, distributors, restaurants, and hotels on obtaining and transferring liquor licenses, obtaining state and federal manufacturing permits and licensing, complying with federal/state liquor regulations and laws, providing transactional counseling, and defending citations and protests before the Pennsylvania Liquor Control Board. Matt has presented at numerous events held by the Brewers of Pennsylvania trade organization on subjects such as U.S. Food and Drug Administration compliance for alcohol manufacturers, legal updates affecting the industry members, and general compliance. Additionally, he has presented to a local and national audience on Pennsylvania, New Jersey, and Federal laws affecting brewery and distillery businesses. Matt is a frequent contributor to the Norris McLaughlin Liquor Law Blog, Legal Liquor, and has been quoted by various newspapers and publications on liquor-related matters.

    As a business lawyer, Matt is involved in the day-to-day legal counseling of businesses, formation of business entities, general contract matters, drafting of agreements between partners, corporate restructurings, lending, and shareholder disputes. He has the experience to assist his business and liquor clients in matters that impact real estate, such as property acquisition, leasing, and zoning and land use issues. Matt’s liquor law and business law practices often coincide in the legal counseling of start-up businesses entering the alcohol industry. He frequently advises clients from the idea stage to the operational stage of their alcohol business and is well versed in discussing the issues that come up in between.

    David Berger

    David concentrates his practice on business, real estate, and liquor law. He actively counsels clients on general business topics including organization and formation, corporate governance, lease negotiations, restructurings, and finance.

    A licensed title agent, David works closely with lenders, real estate developers, and homebuilding companies. He handles both residential and commercial real estate development including acquisitions, land use and zoning matters, title review, and other due diligence requirements.

    In his liquor law practice, David handles sale and purchase of liquor licenses and provides transactional counseling, including defending licenses who have received citations from the Pennsylvania Bureau of Liquor Control Enforcement.

    Alyssa Hicks

    Alyssa devotes her practice to business law and general civil litigation.

    Alyssa actively assists clients with commercial transactions, including financing and loan documentation; asset purchases and sales; entity selection, formation, and organization; and general contract drafting and review. She also counsels businesses in all aspects of employment law including discrimination, contracts, policies, and handbook reviews. Alyssa represents companies in employment-related litigation and handles administration matters before the EEOC and PHRC.

    In her litigation practice, Alyssa handles all aspects of litigation from pre-trial counseling, discovery, and drafting pleadings and motions to representation at depositions and judicial conferences.

    Posted in: Alyssa M. Hicks, Cannabis Law, David C. Berger, Events, Liquor Law, Licensing, Manufacturing and Distribution, Matthew B. Andersen, Real Estate & Finance, Richard B. Somach | Tags: , , , , , ,

  • Jun 05, 2020Liquor License Laws, Medical Marijuana & Service Animals: Impact on Real Estate

    Richard B. Somach, a Member of law firm Norris McLaughlin, P.A., along with the firm’s Associates Matthew B. Andersen, David C. Berger, and Alyssa M. Hicks, will present the livestream webinar, “Liquor License Laws, Medical Marijuana & Service Animals: Impact on Real Estate,” for Greater Lehigh Valley REALTORS®, a trade association that represents nearly 3,000 real estate professionals.

    About the Impact on Real Estate

    Discussion topics will include:

    • What landlords must consider when renting a property to a tenant with a liquor license
    • The implications of leasing a property to a manufacturer of medical marijuana
    • The eviction process and the restrictions on property use
    • The legal vs. illegal uses of marijuana
    • The rights and responsibilities of landlords, tenants, and property buyers
    • The difference between a service animal and an emotional support animal
    • The responsibilities and liability of having an animal on their premises

    When: Monday, June 15, 2020

    • 1:00 – 4:30 p.m.

    Registration: glvreacademy.com

    • Members: $45.00
    • Non-Members: $65.00

    About Your Attorneys

    Rich Somach

    Rich focuses his practice on real estate, commercial law, and creditors’ remedies, representing real estate development companies, shopping centers, and local banks. He has represented real estate owners, developers, and investors in a broad range of real estate transactions, including zoning matters,  subdivisions, and shopping center development.

    As a licensed title insurance agent, Rich is the founder of the title insurance and settlement company ABE Settlement Services, creatively serving client needs. He currently serves as legal counsel to the Greater Lehigh Valley REALTORS®.

    As a former Assistant Lehigh County Solicitor, Rich advised the Sheriff’s Office, the Tax Assessment Office, and the Tax Claim Bureau, and frequently writes and lectures on real estate matters, including sheriff’s sales, real estate tax sales, and lien priority issues for the Pennsylvania Bar Institute. He has also presented numerous lectures at the annual Real Estate Institute program.

    Matt Andersen

    Matt concentrates his practice on business law and liquor law.

    In his liquor law practice, Matt works with all tiers of the alcohol industry, advising manufacturers, retailers, and wholesalers. He assists breweries, distilleries, wineries, wholesalers, distributors, restaurants, and hotels on obtaining and transferring liquor licenses, obtaining state and federal manufacturing permits and licensing, complying with federal/state liquor regulations and laws, providing transactional counseling, and defending citations and protests before the Pennsylvania Liquor Control Board. Matt has presented at numerous events held by the Brewers of Pennsylvania trade organization on subjects such as U.S. Food and Drug Administration compliance for alcohol manufacturers, legal updates affecting the industry members, and general compliance. Additionally, he has presented to a local and national audience on Pennsylvania, New Jersey, and Federal laws affecting brewery and distillery businesses. Matt is a frequent contributor to the Norris McLaughlin Liquor Law Blog, Legal Liquor, and has been quoted by various newspapers and publications on liquor-related matters.

    As a business lawyer, Matt is involved in the day-to-day legal counseling of businesses, formation of business entities, general contract matters, drafting of agreements between partners, corporate restructurings, lending, and shareholder disputes. He has the experience to assist his business and liquor clients in matters that impact real estate, such as property acquisition, leasing, and zoning and land use issues. Matt’s liquor law and business law practices often coincide in the legal counseling of start-up businesses entering the alcohol industry. He frequently advises clients from the idea stage to the operational stage of their alcohol business and is well versed in discussing the issues that come up in between.

    David Berger

    David concentrates his practice on business, real estate, and liquor law. He actively counsels clients on general business topics including organization and formation, corporate governance, lease negotiations, restructurings, and finance.

    A licensed title agent, David works closely with lenders, real estate developers, and homebuilding companies. He handles both residential and commercial real estate development including acquisitions, land use and zoning matters, title review, and other due diligence requirements.

    In his liquor law practice, David handles sale and purchase of liquor licenses and provides transactional counseling, including defending licenses who have received citations from the Pennsylvania Bureau of Liquor Control Enforcement.

    Alyssa Hicks

    Alyssa devotes her practice to business law and general civil litigation.

    Alyssa actively assists clients with commercial transactions, including financing and loan documentation; asset purchases and sales; entity selection, formation, and organization; and general contract drafting and review. She also counsels businesses in all aspects of employment law including discrimination, contracts, policies, and handbook reviews. Alyssa represents companies in employment-related litigation and handles administration matters before the EEOC and PHRC.

    In her litigation practice, Alyssa handles all aspects of litigation from pre-trial counseling, discovery, and drafting pleadings and motions to representation at depositions and judicial conferences.

    Posted in: Alyssa M. Hicks, Cannabis Law, David C. Berger, Events, Liquor Law, Licensing, Manufacturing and Distribution, Matthew B. Andersen, Real Estate & Finance, Richard B. Somach | Tags: , , , , , ,

  • May 28, 2020Three Norris McLaughlin Attorneys Named Among Pennsylvania Rising Stars

    Matthew B. Andersen, Julie M. Macomb, and Saleem Mawji, Attorneys of law firm Norris McLaughlin, P.A., have been selected for inclusion in the 2020 Edition of Pennsylvania Super Lawyers Rising Stars®. Only two-and-a-half percent of Pennsylvania attorneys are given this honor, which recognizes lawyers aged 40 and under or who have been practicing for fewer than ten years.

    “Our young attorneys, keeping our values in mind, really bring Norris McLaughlin to the next level. We are proud of their growth, whether it be being recognized by Super Lawyers, gaining a new leadership role, or winning a case,” said John N. Vanarthos, Chairman of the firm.

    About Pennsylvania Super Lawyers Rising Stars®

    Pennsylvania Rising Stars®, a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement, is published in Super Lawyers Magazine and Philadelphia magazine. The rigorous selection process combines peer nominations and evaluations with third-party validation of professional accomplishments. Super Lawyers Magazine, which features the entire list of Super Lawyers and profiles of selected attorneys, is published in all 50 states and Washington, D.C., reaching more than 13 million readers.

    About Matt Andersen

    Andersen, an Associate of the firm, concentrates his practice on business law and liquor law. As a business lawyer, he is involved in the day-to-day legal counseling of businesses, formation of business entities, contract drafting, corporate restructurings, lending, and shareholder disputes. In his liquor law practice, Andersen works with breweries, wineries, distilleries, wholesalers, distributors, restaurants, and hotels to obtain and transfer liquor licenses and comply with liquor regulations and laws, as well as to provide transactional counseling.

    Andersen is a member of the Pennsylvania and New Jersey State Bar Associations and the Northampton County Bar Association. As a young professional, he feels it is important to give back to the community. Andersen is an assistant lacrosse coach at Northwestern Lehigh High School and enjoys teaching the knowledge, experience, and lessons taught to him throughout his life to the young people in our community. He earned his J.D. from Duquesne University School of Law in 2015 and his B.A. from Pennsylvania State University in 2012.

    About Julie Macomb

    Macomb, an Associate of the firm, devotes her practice to business law, health care law, and real estate law. She is actively involved in the day-to-day legal counseling of businesses, formation of business entities, general contract matters, corporate restructurings, and shareholder disputes. In her health care practice, Macomb works with hospitals and their affiliated corporations, physician groups, clinical laboratories, medical staffs, nursing homes, and other long-term care facilities. Her real estate practice is focused on commercial lending issues; leasing; leasing projects for the firm’s healthcare clients; and acquisition, zoning, and disposition of commercial, residential, industrial, and retail properties.

    Macomb is Past President and currently on the Board of Directors of the Lehigh Valley Chapter of Commercial Real Estate for Women (CREW), on the Board of Directors of the Downtown Allentown Business Alliance, the Board of Directors of Community Music School, and the Board of Managers of The Bach Choir of Bethlehem. In 2017, she was honored by Lehigh Valley Business as a Woman to Watch, an award for someone age 30 or under who is stepping up to help shape tomorrow’s Lehigh Valley. Recently, Macomb was honored as one of the 40 young professionals from the Greater Lehigh Valley names to Lehigh Valley Business 2019 “Forty Under 40.” She received her B.A., magna cum laude, from the University of Maryland and her J.D., magna cum laude, from Widener University School of Law.

    About Saleem Mawji

    Mawji, a Member of the firm and Co-Chair of its Litigation Law Practice Group as well as its Diversity Committee, devotes his practice primarily to complex commercial litigation matters including shareholder disputes, construction disputes, contract enforcement, government investigations. He has represented businesses of all sizes, including some of the Lehigh Valley’s largest companies, in state and federal court. Mawji represents clients at all stages of the legal process, from depositions and judicial conferences to trial, using his extensive litigation experience to advise companies on how to avoid unnecessary litigation, and frequently negotiates settlements. His understanding of best practices in electronic discovery allows him to assist clients with managing electronic documents and producing them during discovery.

    A 2014 graduate of Lehigh Valley Leadership, Mawji is a member of the Board of Associates of Lehigh Valley Health Network, Muhlenberg College, the Board of Community Bike Works, and the Allentown Chamber of Commerce, and the Diversity and Inclusion subcommittee for Lehigh Valley Networking & Connecting Consortium (LINC). He is currently a fellow of the Construction Lawyers Society of America and a past board member of the Cancer Support Community of the Greater Lehigh Valley as well as the Steering Committee of the Philadelphia Young Lawyer’s Division of the American Bar Association’s White Collar Crime Committee. Mawji was the “40 under 40” Lehigh Valley Business winner in June 2016 and has been recognized as a Super Lawyers Rising Star since 2015. He earned his J.D., magna cum laude, Order of the Coif, and Woolsack National Honor Society, from Pennsylvania State University’s Dickinson School of Law in 2005 and his B.A., magna cum laude, Pi Sigma Alpha, from Muhlenberg College in 2002.

    Posted in: Julie M. Macomb, Matthew B. Andersen, News, Saleem Mawji | Tags: , ,

  • Feb 25, 2020New Craft Beverage Tastes Run Afoul of Distribution Laws

    By Theodore J. Zeller III and Matthew B. Andersen

    Cheers to the bevy of new craft beverages appealing to new consumer tastes and dramatically changing the alcohol manufacturing industry. Craft breweries, local wineries and craft distilleries have taken innovation in the industry to new heights. Some of these craft beverages can be traditional beer with a twist, literally, ciders, mead and the new emerging “kid on the block,” hard seltzer. While these are all defined as malt or brewed beverages for distribution purposes under the Liquor Code, there are also new craft beverages like “canned cocktails” and wine-based beverages having different manufacturing origins that create other legal implications.

    While hard seltzer is the new darling of the alcohol ball and it’s typically made by a brewery as a malt base or sugar fermentation, it can also be made with a distillation from a distillery. Craft distilleries are starting to produce some unique “canned cocktails” and wineries continue to push out ciders that also can be made by a brewery license as long as it does not exceed 8.5% alcohol by volume (ABV). Wineries are creating wine-based products that have similar taste profiles to other products offered by breweries and distilleries. The difference in today’s industry is that there was a time when distilleries, wineries and breweries all competed for the same consumer but with distinct flavor profiles and marked ABV differentials. Now, the taste profiles have merged with similar ABV offerings yet, depending upon the category of manufacturer producing the product, the distribution channel can vary greatly.

    Pennsylvania is no different and many states face similar challenges to this new emerging marketplace in the alcohol industry. Surprisingly, beer which is generally the lowest ABV product of the three manufacturing categories, faces the most regulation and tax. In Pennsylvania, like many states, breweries (except for the few in-state breweries that choose self-distribution) are bound by franchise laws and must appoint an exclusive beer wholesaler to represent its products in the retail trade in defined territories. The Pennsylvania Liquor Code and Pennsylvania Liquor Control Board opinions mandate that these relationships are perpetual and cannot be terminated except for good cause. These franchise laws were necessary over a half a century ago to protect wholesalers from larger breweries. Now, wholesalers are usually larger than the breweries they represent, and it has become a significant obstruction to smaller breweries that cannot freely change their wholesale partner without the threat of an expensive court battle.

    Breweries pay the Pennsylvania Malt Beverage Excise Tax and distilleries do not pay any state excise tax. While wineries pay a promotional board assessment, wineries, like distilleries, are not burdened with franchise laws and enjoy up to five satellite locations, which act as tasting rooms and offer bottle and case sales. Breweries only get two additional taproom locations and have to maintain at least 10 seats and offer food, while wineries and distilleries have no such requirement. These differences are significant and would have an even more drastic effect on the brewery industry in the state but for convoluted distribution laws that affect each category of manufacturer differently.

    Beer, cider, seltzer and mead can be made by a brewery license and distributed by an importing distributor (also known as a beer wholesaler) which can sell it to retailers and other smaller distributors. Distributors may sell these products by the can, bottle, six-pack, 12-pack, case and keg and retail licenses can sell up to 192 ounces of these products; our famous Pennsylvania two six-packs rule. If a hard seltzer is made by a distillery, it cannot be sold by distributors or retailers for off-premises consumption since distilled spirits are controlled by our Pennsylvania State Store system. A winery can make mead and cider and, as long as it is below 8.5% ABV, distributors and retailers can sell those products to consumers, but those manufacturers are not bound by the beer franchise laws with its wholesale partner because their licenses are granted under Article 5 of the Pennsylvania Liquor Code, as opposed to Article 4 where the beer franchise laws are located. Wineries that make wine coolers, mead and cider over 8.5% ABV, or traditional wine, can have their product sold by retailers if the retailer obtains a wine expanded permit (WEP), which allows the sale of four bottles of wine to-go.

    Distilled spirits remain locked up by Pennsylvania Liquor Control Board wholesale and retail state store system. Just walk into your local Pennsylvania State Store and you will find a loosely organized collection of various products including canned cocktails, “alcohol concentrates” which fit into a Keurig-like machine to make a canned cocktail, wine cooler, canned wine, sparkling canned wine, mead and cider over 8.5%. These state store offerings and their shelf space must be approved by the Pennsylvania Liquor Control Board. At the Pennsylvania Liquor Control Board meeting on Sept. 11, 2019, the board approved 19 new listings for flavored alcohol concentrates for Anheuser-Busch alone. If a retailer wants to sell these items, it must purchase them from the Pennsylvania Liquor Control Board wholesale system (unless they are directly distributed by a “Pennsylvania” limited winery or distillery). If the retailer has a WEP, it can sell the wine-based products for off-premises consumption but cannot sell the distillery- based products in the same manner.

    While all three categories of manufacturing do have self-distribution rights directly to retail, those manufacturers have to be Pennsylvania licensed or they do not obtain those benefits. In addition, depending upon whether you are categorized as a malt or brewed beverage, a wine, or a distilled spirit, there are multiple distribution models that do not completely overlap and are certainly unique to some and exclusive to others. Ironically, some canned cocktails and wine-based products are lower ABV than malt beverages that enjoy wider distribution channels than the 600 or so Pennsylvania State Stores.

    The alcohol industry is changing rapidly. Seltzer is not a fad and is already a $500 million industry projected to grow to $2.5 billion in just a few years. It is low- or no-carb, gluten free and sugar free. Canned cocktails can make similar claims but are excluded from the Pennsylvania retail and distributor marketplace except for state stores. Yard’s Pynk Sparkling Berry Ale and Troegs 402 Raspberry Lime Tart Ale compete for the same consumer as Cosmic Cider from Lavery Brewery and East End’s Along Came A Cider. Now, along came a seltzer from Sam Adams in Truly. What will this iconic American brewery, which just merged with Dogfish Head with its distillery just across the border in Delaware, do next? Even America’s oldest brewery, D.G. Yuengling & Son, Inc., recently announced a new brand, named Flight, a low-carb and low-calorie light beer. Clearly, consumers are driving the industry to new boundaries.

    The alcohol manufacturing industry is vastly different from the era when our distribution laws were framed. In that time period, the stakeholders in the alcohol industry have staunchly defended their ground. It will be interesting to follow whether protectionism yields to progression, consumer convenience and distribution modernization.

    Reprinted with permission from the February 16, 2020, edition of “The Legal Intelligencer” © 2020 ALM Media Properties, LLC. All rights reserved.

    Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.

    Posted in: Liquor Law, Licensing, Manufacturing and Distribution, Matthew B. Andersen, Theodore J. Zeller III |

  • Aug 30, 2019Ted Zeller and Matt Andersen to Present at Brewers of PA Mid Atlantic Brewers Symposium

    Theodore J. Zeller III, a Member of law firm Norris McLaughlin, P.A., Chair of its Liquor Law Practice Group, and General Counsel to the Brewers of Pennsylvania (BOP), and Matthew B. Andersen, an Associate of the firm, will present “Pennsylvania Liquor Law Legal Update” on Friday, September 6, 8:45 – 9:30 a.m., at the Days Inn Penn State in State College. Zeller’s presentation will include participation from the Pennsylvania Department of Revenue concerning the recent changes to the Pennsylvania Tax Code affecting breweries. Andersen will address changes to the laws affecting Pennsylvania breweries, including common regulatory mistakes to avoid in the operation of their businesses.

    “Pennsylvania is one of the best beer states, if not the best beer state, in the United States. It’s been my pleasure to be a part of this journey for breweries in Pennsylvania and I look forward to continuing our work, starting with providing fellow BOP members with this liquor law legal update, including the latest on the new sales tax law,” said Zeller.

    The update is part of the 5th Annual Mid Atlantic Brewers’ Symposium, “The Business of Brewing. The Science of Brewing. The Network of Brewers.,” to take place September 5-7. Also included will be educational seminars, a welcome reception with industry exhibitors, a networking happy hour at Liberty Craft House, and a Penn State Tailgate for BOP Brewery and Associate Members with state legislators. Discussion topics include sales and profits, finance and accounting, branding and marketing, diversity and inclusion, sustainability, fermentation, and liquor law. For more information and to register as a BOP member, non-member licensed brewer, or homebrewer, visit the BOP website.

    Zeller has extensive experience in liquor law, regulatory licensing, commercial transactions, real estate transactions, and litigation. He began his legal career as a litigator and has tried multiple cases in county and federal court, including jury trials, and hundreds of cases before arbitration panels, district justices, and administrative law judges. He was lead counsel in a beer rights case brought against the world’s largest brewers and now serves as counsel to D.G. Yuengling & Son, Inc., among others.

    Zeller’s lobbying efforts helped to modernize parts of the Pennsylvania liquor code. He has authored numerous provisions that have been enacted into law. The bills helped small brewers by allowing more efficient and cost-effective brand registration, as well as altered the package laws for brewery licenses. Zeller also appeared before the House Liquor Committee with the Brewers of Pennsylvania in the Privatization Hearings. Most importantly, his efforts helped change brewery regulations to allow for tap rooms. Zeller authored the Malt Beverage Tax Excise Credit legislation and has written extensively about Acts 39 and 166. As counsel to the Brewers of Pennsylvania, he worked with the Pennsylvania Department of Revenue to enact a new tax law, which imposes a fair sales and use tax on consumer sales by breweries, prior to the effective date of a new Tax Bulletin, which imposed a tax rate that was four times what was subsequently enacted and signed into law.

    Zeller counsels clients on the acquisition of liquor licenses and coordinates liquor license transactions with other practice areas, such as real estate, business law, financing, tax law, intellectual property, and litigation. He has helped numerous startup breweries, wineries, distilleries, and retailers. Known throughout the Commonwealth of Pennsylvania, Zeller also represents beer interests on a national level and advises breweries and wholesalers on state regulatory matters involving beer distribution and franchise laws. He regularly prepares distribution agreements for his clients and coordinates state and federal licensing for manufacturing and national distribution.

    Zeller earned his B.A. from the University of Notre Dame in 1989 and his J.D. from The Dickinson School of Law of The Pennsylvania State University in 1992. As a volunteer, Zeller is Chairman of the Allentown Parking Authority and youth soccer coach.

    Andersen works with all tiers of the alcohol industry, advising manufacturers, retailers and wholesalers. He assists breweries, distilleries, wineries, wholesalers, distributors, restaurants, and hotels on obtaining and transferring liquor licenses, obtaining state and federal manufacturing permits and licensing, complying with federal/state liquor regulations and laws, providing transactional counseling, and defending citations and protests before the Pennsylvania Liquor Control Board. Andersen is experienced in drafting and negotiating distribution agreements between alcohol manufacturers and distributors to assist manufacturers in expanding the reach of their brands. Additionally, he has worked with nonprofit organizations and event planners on obtaining temporary alcohol permits for various events. Andersen takes pride in helping new and veteran alcohol businesses navigate the complex regulatory framework of state and federal liquor laws, as well as helping them establish and grow their brands on a state and national level.

    Andersen’s liquor law and business law practices often coincide in the legal counseling of start-up businesses entering the alcohol industry. He frequently advises clients from the idea stage to the operational stage of their alcohol business and is well versed in discussing the issues that come up in between. Whether it is, among other things, entity selection, drafting operational business documents, lease review, real estate acquisitions, zoning issues, and alcohol licensing/permitting, Andersen can assist you in turning your ideas into a successful business. He takes great pleasure in assisting dreamers, no matter what age, in preparing their business for future success.

    Andersen earned his B.A. from Pennsylvania State University in 2012 and his J.D. from Duquesne University School of Law in 2015. As a young professional, Andersen feels it is important to give back to the community. He is an assistant lacrosse coach at Northwestern Lehigh High School and enjoys teaching the knowledge, experience, and lessons taught to him throughout his life to the young people in our community.

    Posted in: Liquor Law, Licensing, Manufacturing and Distribution, Matthew B. Andersen, News, Theodore J. Zeller III | Tags: , ,

  • May 23, 2019Norris McLaughlin Attorneys to Speak on Brewery and Distillery Law in Pennsylvania and New Jersey

    Theodore J. Zeller III, Danielle M. DeFilippis, Andrew D. Linden, and Matthew B. Andersen, attorneys of law firm Norris McLaughlin, P.A., will present “Brewery and Distillery Law in Pennsylvania and New Jersey” at a training seminar hosted by the National Business Institute on Thursday, June 6, 9 a.m.– 4:30 p.m., at Homewood Suites by Hilton in Valley Forge.

    The speakers will present ways to help clients understand the complex world of alcohol manufacturing and distribution; minimize liability; and navigate the licensing, labeling and tax reporting challenges along the way. They will also discuss how to effectively protect client’s intellectual property, avoid legal landmines in advertising, and give valuable tips for negotiating distribution agreements. Topics include brewery and distillery business entity selection, formation, finance and insurance; licensing, labeling, and regulatory compliance; federal and state tax reporting requirements; negotiating/drafting brewery and distillery contracts; intellectual property and advertising; and ethics. For more information and to register, please click here.

    Zeller, a Member of the firm and Chair of its Liquor Law Practice Group, is experienced in liquor law, regulatory licensing, commercial transactions, real estate transactions, and litigation. He was lead counsel in a beer rights case brought against the world’s largest brewers and is General Counsel to Brewers of Pennsylvania.  Known throughout Pennsylvania, he also represents beer interests on a national level and advises breweries and wholesalers on state regulatory matters involving beer distribution and franchise laws. He regularly prepares distribution agreements for his clients, and coordinates state and federal licensing for manufacturing and national distribution. Zeller has tried multiple cases in county and federal court, including jury trials, and hundreds of cases before arbitration panels, district justices, and administrative law judges. He is General Counsel to D.G. Yuengling and Son, Inc.; represents alcohol interests in every category; and has helped numerous start-up breweries, wineries, distilleries, and retailers.  He currently serves as Chairman of the Allentown Parking Authority. Zeller is an author of the firm’s liquor law blog, Legal Liquor. He earned his J.D. from Pennsylvania State University Dickinson School of Law, and his B.A. from the University of Notre Dame.

    DeFilippis, a Member of the firm and Co-Chair of its Intellectual Property Law Practice Group, focuses her practice on intellectual property prosecution and litigation. She represents individual and corporate clients in all phases of litigation, from commencement through trial, and regularly serves as lead counsel in cases before federal and state courts, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and alternative resolution forums. She has represented clients in a variety of industries, most notably food and beverage, liquor, jewelry, and cosmetics. She has handled cases involving trademark and copyright infringement, false advertising, commercial disparagement, business torts, deceptive trade practices, Lanham Act claims, state and federal unfair competition laws, and other business disputes.  She is an author of the firm’s trademark, copyright, and unfair competition blog, More Than Your Ma®k.  DeFilippis received her J.D. from Seton Hall University School of Law and her B.A. from The Pennsylvania State University.

    Linden, a Member of the firm and Co-Chair of its Cannabis Law Industry Group, counsels alcoholic beverage manufacturers, wholesalers, and retailers in all facets of their business. These include licensing and regulatory compliance, business formation, and product labeling. He has assisted craft breweries and distilleries with applications before the New Jersey Division of Alcoholic Beverage Control and retailers with applications before the local municipality. Linden provides guidance with TTB federal permitting laws, advises clients on federal and state labeling requirements and approval processes, and helps them navigate state distribution and beer franchise laws. He assists marijuana entrepreneurs, suppliers, growers, retailers, and investors to navigate complex statutory and regulatory schemes, including those related to permitting and licensing, such as initial applications, transfers, expansions, changes in ownership, and related disclosures, distribution, and general business operations such as sales, storage of product, and recordkeeping. He assists clients in all tiers of the distribution chain with compliance and business law issues. He is an author for the firm’s liquor law blog, Legal Liquor, and cannabis law blog, Legally Grown. Linden attended Seton Hall University School of Law, where he received his J.D., cum laude.  He earned his B.S., with honors, from Lehigh University.

    Andersen, an Associate of the firm, concentrates his practice on liquor law and business law. In his liquor law practice, he works with breweries, distilleries, wineries, wholesalers, distributors, restaurants, and hotels on obtaining and transferring liquor licenses, complying with liquor regulations and laws, providing transactional counseling, and defending citations and protests before the Pennsylvania Liquor Control Board.  Andersen represents national restaurant chains and hospitality companies with regard to their Pennsylvania locations in all aspects of their liquor licenses and acquisitional counseling.  He also works with numerous alcohol manufacturers to bring their dreams and ideas of operating a brewery, distillery, or winery to a reality, advising them through the planning, licensing and operation stages.  Additionally, Andersen has worked with licensees, nonprofit organizations, and event planners on obtaining temporary alcohol permits for events. He also is experienced in drafting and negotiating distribution agreements between alcohol manufacturers and distributors in many states to help them expand the reach of their brands.  He also works with alcohol manufacturers on obtaining federal Certificate of Label Approvals and formula approval for their products.  Andersen is an author of the firm’s liquor law blog, Legal Liquor, and won a JD Supra “Reader’s Choice Award” in 2018 for his contributions. He is an assistant lacrosse coach at Northwestern Lehigh High School. He earned his J.D. from Duquesne University School of Law, and his B.A. from The Pennsylvania State University.

    Posted in: Andrew D. Linden, Business Law, Danielle M. DeFilippis, Food, Beverage & Hospitality, Intellectual Property, Liquor Law, Licensing, Manufacturing and Distribution, Matthew B. Andersen, News, Theodore J. Zeller III | Tags: , , , , , , , ,

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