July 14, 2023 We do not like giving the lawyerly answer but we have to in this case – it depends on a variety of factors, including the size of the business, the rights you want to be able to exercise (e.g., wholesale, retail, manufacture, cultivation, etc.), and what you can qualify for. At some Read more…

December 12, 2014 Leave it to breweries to find a way out of litigation that not only benefits both parties in the lawsuit, but also the communities in which they operate.  A few months ago, we wrote about a trademark dispute between Long Trail Brewing and Bent Paddle Brewing Co.  They have now resolved that Read more…

August 18, 2023 The answer to how much purchasing a franchise costs is, of course, dependent on a variety of factors. The problem is that many prospective franchisees think of the initial franchise fee and buildout costs as the sole costs to open and begin operating a franchise. Unfortunately, that’s not the case. Is It Read more…

March 16, 2023 So you want to close your franchise? You’re not alone. When franchisees face financial difficulties, they may want to simply cut their losses, close the business, and move on to something new, but breaking a franchise agreement can be difficult and comes with risk. Find out the smartest way to get out Read more…

On behalf of Garner, Ginsburg & Johnsen, P.A. on Wednesday, December 26, 2012. Franchise financial statements contain a wealth of information that franchisees and prospective franchisees should examine carefully. Determining the worth of a franchisor’s assets New franchisors often have few assets. As a prospective franchisee, be sure to question any franchisor who does not Read more…

June 26, 2014 In the first of a series of posts exploring brewing partnership relationships, Hop Law introduces contract brewing, partner brewing, and alternating brewing arrangements.

July 16, 2014 In Part 2 of our series exploring brewing partnership relationships, Hop Law talks contract brewing. A contract brewing arrangement, as defined by the Alcohol and Tobacco Tax and Trade Bureau (TTB), is a business relationship in which one person (wholesale or retail dealer or brewer) pays a brewing company (contract brewer) to Read more…

August 1, 2014 In Part 3 of our series exploring brewing partnership relationships, we delve into alternating proprietorships. For new brewers looking to break into the craft beer market without the full up-front cost of establishing a new brewing facility, or for existing breweries looking to begin expanding operations without expanding their physical space, alternating Read more…

May 18, 2017 If you’ve read Thomas Pynchon’s Inherent Vice or seen the Paul Thomas Anderson film based on the novel, you know a little bit about vertical integration.  In the novel, the Golden Fang – a shady conglomerate – imports and sells heroin to users, operates a massive dental operation to help heroin and Read more…

December 14, 2016 We Minnesotans like our beer. Specifically, we like our craft beer. Our local craft beer. The Beer Dabbler at the annual Winter Carnival is now the largest craft beer festival in the Midwest, and Surly Darkness Day has become a sort of dark holiday for self-proclaimed craft beer nerds looking to score Read more…

October 26, 2020 If you are a franchisee or potential franchisee in California, you may have rights not available to individuals in other states. This is because California has two comprehensive laws regulating franchising: the California Franchise Investment Law and the California Franchise Relations Act.  Together, these California franchise requirements serve to protect franchisees during Read more…

On behalf of Garner, Ginsburg & Johnsen, P.A. on Friday, August 22, 2014. In a decision that could expose franchisors and franchisees to increased liability, the National Labor Relations Board decided that a slew of complaints from workers’ organizations can name McDonald’s Corp. as a joint employer. In the past, restaurant franchisees have been identified Read more…