Food, Drug & Agriculture

Lots of provisions are looked at prior to a contract being signed, some at signing, and others not until afterwards when there is a problem. Representations and warranties are ones that can be important at each of these stages. Each of these are used to properly place risk and expense. They do so by showing who is “holding the bag” whenever bad things are discovered. Representations and warranties let you know what facts the other side is willing to
Continue Reading Holding the Bag

I suppose this blog post could be called “All Good Things Must Come to an End.” As part of our series on the changes to Wis. Stat. 125 under Assembly Bill 304 (“AB304“), today we are focusing on some big changes coming down the pipeline for wedding barns and other wedding venues. Read on for more information.

Historically, wedding barns and other venues that leased space for events and allowed customers to bring their own alcohol operated under the
Continue Reading Cheers to Change: The New Wis. Stat. 125 – Changes for Wedding Barns and Other Venues

As a firm of trademark and alcohol attorneys, it’s always a thrill when those two topics collide, especially on a major stage. We had one of those great moments of serendipity last week.

The story begins with Diageo, the company that owns Bulleit Frontier Whiskey, a brand of whiskey that might be familiar to our whiskey-drinking readers. In 2017, Diageo sued W.J. Deutsch & Sons, the owner of the Redemption Whiskey brand. The suit centered around allegations of trademark
Continue Reading Bottles Up

In follow up to my previous post about the forthcoming (new and improved) Wis. Stat. Ch. 125, I wanted to write a quick post about changes and enhancements to the ability for alcohol producers (breweries, wineries and distilleries) to contract manufacture in Wisconsin.

Historically, only breweries were able to contract manufacture for other breweries in Wisconsin. In practice, this meant that a brewery with excess capacity could contract with another brewery in need of product, and produce it
Continue Reading Cheers to Change: The New Wis. Stat. 125 – Contract Manufacturing

The landscape of Wisconsin’s alcoholic beverage regulations has recently undergone substantial changes with the revision of Wis. Stat. chapter 125. In this post we will be discussing one of the most substantial changes, specifically, the ability of breweries, wineries, and distilleries to offer beer, wine, and spirits (“full service retail” under the new statute) at their taproom/tasting room locations, subject to certain requirements (of course!). Read on for more information.

Historical Context:

Under the previous version of Wis. Stat.
Continue Reading Cheers to Change: The New Wis. Stat. Chapter 125 – Full Service Retail

A failed home improvement contractor project can be an aggravating experience for both consumer and contractor clients and present a range of legal issues for attorneys. This article analyzes the legal implications of several recurring complaints arising out of home improvement contracts, including poor contractor workmanship, warranty issues, and contractor theft. Poor Workmanship The most frequent problem from home improvement projects are claims of poor workmanship. Many home improvement contracts will extend a workmanship warranty for a limited period
Continue Reading Remedies for Home Improvement Contract Disputes

We thank you all for reading our (hopefully insightful) blog posts. We plan to continue the mission this next year and we appreciate all the feedback, comments and engagements that we’ve received.

We also want to thank our clients, business partners, staff, attorneys and ancillary work teams – we couldn’t do what we do without the support and teamwork!

With gratitude: Erin Ogden, Jeff Glazer, Collin Schaefer, Sam Kavalier, Sherri Schaaf, Richard Mullings, Laura Kaiser, Carter Rickard and of
Continue Reading As we wrap 2023 and look towards 2024

Companies help owners limit their liabilities. That means the owner isn’t putting all of their own personal assets at risk due to the activities of the company. Generally, we business owners like that idea. But it does mean that those who interact with the business may be limited on recouping their damages if they are harmed due to a company’s actions or inactions. If the company’s assets can’t cover the harm, it is difficult to reach through to the
Continue Reading Small Business To Do: Annual Report

Observed the first Monday in September, Labor Day is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late nineteenth century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being.
Continue Reading Happy Labor Day from OG+S and Lola

My last blog post ended with a cliffhanger: but what about Jack Daniel’s and dog toys? For those of you on the edge of your seats, thanks for waiting. There are others probably thinking, “What is this guy’s deal? First, it was shoes and socks, and now it’s whiskey and dog toys?” For those readers, I ask for a little patience. I will get to the point.

                For those unaware, the U.S. Supreme Court in June issued a
Continue Reading Poking Fun or Making a Buck?

Very often we get questions from clients regarding “authorized” – “issued” – and “outstanding” shares and what the terms mean in the context of corporations and raising money. Below is a quick explanation of the terms; thanks for reading.

Authorized Shares means the total (read, total ever that could be) shares a Corporation can create or “cut itself into.”  If you imagine a pizza, Authorized Shares are like the total number of slices the pizza will ever be cut up into.  There is
Continue Reading Authorized, Issued, and Outstanding

A recent New York Times article discussed hidden costs associated with remote work, as well as some benefits that can be intangible and thus hard to measure. I have been thinking about the ups and downs of remote work for a while— this is logical for me considering I have experienced various remote professional and academic scenarios since the onset of the pandemic, as have many other workers and students.

In this time, I have had to grapple with
Continue Reading A Close-Up on Working Remotely

We’ve all done it. We’ve said we are going to do something…later.  Then it never gets done. We are going to go to the gym. We are going to call our mom. We are going to write that thank you card, article, novel, etc. But it doesn’t get done. Or it gets done only after oh, say, we wake up at 1:37 in the morning remembering it hasn’t been done. (Too oddly specific? There’s a reason for that.) Want
Continue Reading Implementation Isn’t Implied

Friday May 12, 2023 was a big day here at the office. Thanks to the efforts of City Brewing and Wisconsin Brewing Company, the Department of Revenue issued a declaratory ruling that approved contract production (through Alternating Proprietorships, or straight contract) between distilleries (and by extension and our reading of the statute, wineries too). This is huge for any distillery with capacity, as well as upstart distillers looking to dip a toe in the industry prior to committing the
Continue Reading Contract Distilling? Sure, We Can Do That!