PRACTICE AREAS

Wine Law

Higgs Fletcher & Mack’s wine law practice is built on the firm’s leadership in the fields of regulated industries, intellectual property protection and enforcement, real estate and land use, mergers and acquisitions, litigation and dispute resolution as well as cross-border issues for agriculture and winemaking.

From early counseling to avoiding problems to responsive and zealous advocacy, HF&M is well poised to help you.  Given our established Southern California presence, we are just a phone call away.

From the Guadalupe Valley to Temecula, the South Coast’s great weather provides a unique setting for production of a variety of high quality wines. Higgs Fletcher & Mack has assembled a group of highly experienced lawyers from its key practice areas to address the unique legal needs of today’s wine industry.  The Higgs Team understands that winemaking in California is typically done by small, multi-generation, family-owned businesses, and is uniquely structured to meet the legal needs and budget of most South Coast wineries.

Wineries face heavy regulation from federal, state, local, and foreign government agencies.  These regulations range from direct shipping of local wines to consumers and retailers both in and out of state, as well as importing and exporting wines between countries, and labeling, licensing and intellectual property protection and enforcement.  Some wineries are also faced with franchising, antitrust, trade regulation, advertising, publishing, employment, and Internet-based issues, and state and local land use and environmental restrictions.

Importantly, wineries trying to set themselves apart from their competitors through the innovation in and quality of their winemaking processes are frequently faced with copyright, trademark, trade secret and patent law issues.  Many of these challenges require expertise tailored specifically for the wine industry.

Planned precautionary measures now can minimize or avoid a lot of legal troubles later on. Many local winemakers may find that county or municipal restrictions that apply to their particular land parcels may dictate what kinds of grapes or other produce they may grow on that land.  Discovering such restrictions after you have already planted the vineyard, for instance, can be disastrous.

Unfortunately, when running any business, disputes will arise between your business and competitors, neighbors, vendors, or sometimes government regulators.  HF&M can help you with those problems as well.  Whether you would prefer an informal resolution through mediation or arbitration, or whether aggressive litigation is called for, HF&M has the resources and experience to advance your interests.  HF&M’s business and tort litigation partners have over 500 years of litigation and dispute resolution experience among them representing hundreds of trials and alternative dispute resolution proceedings.  Our success is your success.

We can assist industry clients in the following areas:
  • Business Formation, maintenance and reorganization
  • Grape purchases and/or sales agreements
  • Bottling and distribution agreements
  • Product labeling requirements and prohibitions
  • Interstate direct-to-customer shipping
  • Winery self-distribution to retailers
  • Internet issues and e-Commerce
  • Patents, trademarks and copyrights
  • Regulatory restrictions on manufacturing and licensing
  • Wholesale compliance
  • Mergers and acquisitions
  • Vineyard lease agreements
  • Environmental and land use issues
  • Employment law and human resources
  • Advertising
  • Unfair business practices and antitrust
  • Cross-border issues for bottling and shipping of wine
Furthermore, many local wineries are family-owned businesses, and HF&M can assist these clients with estate and succession planning to ensure that the family legacy of these businesses lives on.

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