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Growing a beer, wine, or spirits business presents a range of legal and business considerations, from corporate structure and brand protection to distribution relationships and regulatory compliance. Procopio helps producers, brands, investors, and other industry participants address corporate and tax matters, protect intellectual property, expand across borders, pursue acquisitions, and prepare for successful exits.
Procopio represents breweries, wineries, distilleries, alcohol brands, investors, and other industry participants, providing ongoing legal counsel as well as support for significant transactions and periods of growth. Our attorneys work with both emerging and established companies on the legal needs that arise as they build brands, expand distribution, develop facilities, enter new markets, and position their businesses for the future.
We advise clients on formation and corporate governance, financing, tax planning and controversy, commercial and distribution agreements, intellectual property and brand protection, employment, real estate and facilities, litigation, acquisitions, and exits. Our breadth allows us to support clients through day-to-day business needs as well as major investments, expansions, disputes, and transactions.
Our attorneys regularly advise foreign producers and brands entering the U.S. market as well as U.S. companies pursuing opportunities abroad, with substantial experience involving Mexico and other international markets. Our capabilities include cross-border corporate structuring, tax planning, financing, joint ventures, commercial relationships, and import-export transactions, supported by attorneys with deep experience in U.S.-Mexico business and tax matters and relationships with counsel in other jurisdictions.
Helping breweries, wineries, distilleries, brands, and investors establish strong foundations and structure transactions for growth.
Helping businesses, owners, and investors address tax considerations that can affect operations, investments, transactions, and expansion.
Protecting the names, identities, and other intellectual property that create value in a brand-driven industry.
Structuring the relationships and agreements that help producers and brands reach customers and operate their businesses.
Supporting the physical operations and expansion of breweries, wineries, distilleries, and other industry businesses.
Helping domestic and international businesses enter new markets, structure cross-border opportunities, and realize the value they have built.
Legal counsel can add value from formation through expansion and eventual exit. Early advice can help owners structure the business and ownership arrangements, address tax considerations, protect the brand, negotiate distribution and other commercial agreements, and plan for facilities and employees. As the company grows, counsel can also support financing, acquisitions, international expansion, disputes, and succession or sale.
Distribution relationships can have a significant impact on an alcohol brand’s growth and access to markets. Agreements should clearly address territory, exclusivity, product and performance expectations, pricing and other commercial terms, intellectual property and brand use, and the parties’ respective rights and obligations. Because alcoholic beverage distribution operates within a specialized regulatory environment, the structure of a proposed relationship should also take applicable legal requirements into account. Procopio has advised beer, wine, and spirits clients on domestic and international distribution arrangements.
Tax considerations can affect entity structure, financing, ownership changes, acquisitions, cross-border expansion, and an eventual exit. Evaluating those issues as transactions are being structured can provide more flexibility than addressing them after key business terms have already been set. Our attorneys advise businesses, owners, and investors on domestic and international tax planning, transaction structuring, and tax controversies.
A strong brand can become one of an alcohol company’s most valuable assets. Trademark protection should be considered early and expanded as the company introduces products and enters new markets. Companies should also consider ownership and permitted use of intellectual property in licensing, distribution, marketing, and other commercial relationships. Our attorneys help clients protect and enforce brands in the United States and internationally.
Entering the United States can raise corporate, tax, distribution, intellectual property, employment, and other business considerations. We help foreign companies structure U.S. operations and investments, negotiate commercial relationships, protect their brands, and coordinate the legal needs associated with market entry. Our attorneys have substantial cross-border experience, particularly involving Mexico, including representing Mexican businesses with U.S. subsidiaries and operations and advising on U.S.-Mexico transactions and tax planning.
Well before a transaction is underway. Owners can benefit from evaluating corporate structure, tax consequences, ownership of intellectual property, material distribution and commercial agreements, real estate, employment matters, and other potential issues before a buyer begins due diligence. Early planning can preserve options, reduce transaction risk, and help owners protect the value they have built.
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A Lifelong Dream
