Bourbon & Distilled Spirits

Business Contract Analysis

We regularly review issues related to distillation agreements, warehousing agreements, warehouse receipts - both as to development forms and revisions to address specific issues raised by customers. Also, our team has provided consultation on regulatory issues and other agreements.

Breach of Contract

Our litigation team represents industry players in cases related to claims involving breach of contract case where our client terminated a Distribution Agreement based on multiple breaches by the distribution. We’re also defending counterclaims involving breach of contract, misappropriation of trade secrets, intentional interference of contract, and unfair competition.

Finance & Lending

We represent financial institutions, private equity groups, family offices, and other strategic investors in connection with credit facilities secured by bourbon barrels and related assets. We also represent distilleries, barrel brokers, and wholesalers on capital raises and secured and unsecured credit facilities.

Tax & Economic Incentives

We have provided general tax and economic development incentive representation to distillers, owners, and operators of bourbon maturation warehouses. That representation has included advising as to the proper reporting of the Kentucky state and local distilled spirits tax, drafting legislation related to the distilled spirits industry and assisting with claiming the Kentucky state recycling income tax credit.

Our incentives representation has included (i) serving as bond counsel to issue taxable industrial revenue bonds to provide state and local ad valorem property tax abatement on distilleries, visitors’ centers, bourbon maturation warehouses and barrels and negotiating any related payment in lieu of taxes obligations; and (ii) advising with respect to and negotiating (a) state income tax credits and wage assessments under the Kentucky Business Investment Act program; (b) refunds of sales and use taxes paid on construction materials under the Kentucky Enterprise Initiative Act program; (c) refunds of sales and use taxes collected and paid on admissions and sales of tangible personal property under the Kentucky Tourism Development Act program.