M&A Archives - ALCOHOL LAW ADVISOR

Craft Beer Mergers and Acquisitions

by Daniel P. McGuire and Thomas P. Conaghan | Dec 5, 2019 | Distribution, Trade Practices, Transactions

Over the past several months, 15 notable deals have taken place in the craft beer space, continuing a trend toward consolidation in the industry. While the terms of most transactions remain undisclosed, the deals generally fall into three buckets:

Strategic deals designed to combine leading brands and brewers and leverage distribution capacity;
Targeted asset acquisitions designed primarily to expand brewing capacity; and
Restructuring transactions.

McDermott’s Marc Sorini, Thomas Conaghan and Daniel McGuire walk through notable strategic deals, asset/capacity purchases and restructurings.

Access the full article.

Originally published in The New Brewer, November/December 2019.

ESOPs and Artisan Distilling

by McDermott Will & Emery | May 3, 2017 | Transactions

With articles about the “magic” of turning employees into company owners popping up in the New York Times and The Atlantic last fall, Employee Stock Ownership Plans are becoming part of the mainstream vernacular. Referred to by those in the know as “ESOPs” (pronounced “ee-SAHP”), these specialty retirement plans are a popular—and tax effective—way for companies to manage succession planning. When structured properly, and ESOP can provide huge financial benefits to companies and their employees alike. According to the National Center for Employee Ownership, there are almost 7,000 ESOPs currently in place. About 10 million people—more people than currently love in the state of Washington—actively participate in an ESOP today.

There have been several craft brewers who have taken advantage of the ESOP structure in the past year and we expect this trend to pique the interest of craft distilleries. This article explores at a very high level some of the issues involved with starting and maintaining a craft distillery ESOP.

Read the full article.

Originally published in Artisan Spirit, Spring 2017.

Buying and Selling a Craft Brewery

by McDermott Will & Emery | Feb 27, 2015 | Advertising and Marketing, Alcohol Excise Taxes, Distribution, TTB COLAs and Formulas

Few craft brew entrepreneurs contemplate selling their business when they first get started. Unlike, for example, the typical entrepreneur in the software industry, the craft brewers we know were inspired by the love of great beer, a spirit of adventure, and the romance of creating a small manufacturing business. But the life cycle of most businesses eventually requires at least the consideration of a sale or other transaction designed to both recoup the entrepreneur’s lifelong investment and transition the company to the next generation.

From the buy side, the craft beer business has never been hotter, with market share now approaching 8 percent by volume in the U.S. and margins that have gotten the attention of both big brewers and non-U.S. brewers alike. This article, published in the January/February 2015 issue of The New Brewer, will explore at a high level some of the issues involved with buying and selling a craft brewery.

Read the full article.

Craft Beer Mergers and Acquisitions

ESOPs and Artisan Distilling

Buying and Selling a Craft Brewery

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