We represent winery clients in connection with the acquisition and disposition of wineries, wine brands and vineyards, land use and regulatory matters, as well as ongoing operational matters. We also have a solid background representing financial institutions in financings, workouts and other transactions involving wineries and vineyard properties. We are also able to draw upon expertise needed by wineries and growers in traditional business law areas such as corporate, M&A, labor, ERISA, tax, intellectual property, real estate and environmental.
We negotiate, document and consummate winery and vineyard acquisitions and dispositions in both large and small scale transactions, assist in the formation and capitalization of new wineries and prepare and negotiate various agreements pertaining to:
- Grape contracts and crush agreements
- Winery and land purchase and sale
- Vineyard development
- Vineyard management
- Bottling agreements
- Import/export
- Trademark licensing
- Facility and vineyard leases
- Distributor arrangements
On behalf of lenders and borrowers, we negotiate and document loans secured by vineyard properties, wine inventory, trade receivables and wine making equipment. Our experience includes documenting sophisticated financing transactions, restructuring and workouts of troubled loans, and representing clients in bankruptcy proceedings and other trial and appellate litigation matters.
Sheppard Mullin also provides wine industry clients with dispute resolution counsel, and our attorneys have been involved in a broad range of adversarial proceedings.
We represent individual wineries and growers and industry organizations such as The Wine Institute in connection with land use and environmental matters. We assist our clients in meeting the requirements of, and obtaining the necessary permits and approvals from, local planning departments, the state and regional Water Quality Resources Boards, the state Department of Fish and Game and the U.S. Department of Fish and Wildlife with respect to vineyard lands and winery operations. We have challenged endangered species habitat designations, such as that for the tiger salamander, which directly affect existing and prospective vineyard properties.