The State of Maine is enacting more protective laws for its residents in the arena of employment law. It is worth reminding businesses of what’s to come in the near term and in the longer-term future of Maine employment laws. It is the second state in 2023 to set up a state-based paid family and medical leave program (see below). This blog is also meant to update about timing and wage updates quickly approaching in the new year and a reminder of longer-term changes to take place in 2025 and 2026. Increase to Minimum Wage; Maximum Tip Credit; and Minimum Cash Wages for Tipped Employees: Minimum ..read more

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry.  Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs.  It also offers financial opportunities for existing wineries with excess capacity.  And, notably, in contrast to the “custom crush” arrangement, described in a past blog post, both parties to the mutually beneficial alternating proprietorship relationship function as licensed and bonded wineries ..read more

Trustees have certain powers inherent under applicable laws and also as specified by contract. There are several powers of a trustee inherent under applicable Maine law if a trust document does not provide to the contrary. Being clear on the trustee’s powers in the trust itself is important for several reasons. The client creating the trust (the “Settlor”) should understand what powers are inherent under applicable law, but also should also understand what powers the Settlor desires to give to the trustee and whether to expand or otherwise limit those powers.  Setting the powers in the t ..read more

I. Introduction Estate planning is a critical process that often gets pushed to the back burner in our busy lives. It’s a subject many of us know we should address but tend to delay until a later date or avoid until an event of immanence occurs around our health or the health of a loved one. However, most people are aware that estate planning is not something to postpone, and in fact, it is something that will never go to waste, despite the overwhelming aspect of considering end-of-life needs and decisions. Part of why estate planning is often put off when it should be prioritized is simply t ..read more

Why Does Classification of Service Providers Matter? Appropriately classifying workers is extremely important for several reasons under applicable employment, labor and tax laws and is a matter of both federal and state law. Misclassification of workers is illegal. Some employers may intentionally misclassify workers as independent contractors instead of employees in order to avoid paying for and observing certain employee-related benefits and employee-related legal requirements, such as certain wage and hours laws, required workers’ compensation insurance, unemployment coverage or other empl ..read more

Often when you attend a doctor’s appointment in Maine, one of the questions that will be asked of you at registration or check-in, is whether you have a “living will” or “advanced healthcare directive” and if so, if it is on file with the provider. Your answer may be a simple “yes” or “no”, but this blog is intended to address what a living will or healthcare directive is; the reasons you might consider having one; and how it might benefit you among your other estate planning, end-of-life or general healthcare-planning needs.   Don’t Wait to Prepare Your Living Will or Healthcare Di ..read more

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of contact governing this key transaction, take on a wide range of forms, but they all share certain important characteristics. Generally, they outline the terms of the purchase and sale of grapes, including the price ..read more

The Federal Alcohol Administration Act (27 USCA Ch.8, subchapters I-II, Sections 201-219a, as applicable) (The “Act”) authorizes the US Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (the “TTB”) to be the permitting authority for importers, producers, and wholesalers of wine; and to regulate the advertising and marketing of wine, including as relates to labeling. This blog will focus more specifically on advertising. However, the Federal Trade Commission (the “FTC”) standards pursuant to which the FTC has made substantial inroads to protectin ..read more

Introduction: The Trademark Modernization Act of 2020 Recent changes to United States trademark laws herald significant changes for brand owners.  In particular, the Trademark Modernization Act of 2020 (TMA) established new rules for trademark enforcement, prosecution, and maintenance. The TMA adjusted United States Patent and Trademark Office (USPTO) procedures, implementing expedited trademark application timelines and creating new enforcement tools for brand owners. Among its many prominent impacts, the TMA created new expungement, cancellation and re-examination procedures, to help ..read more

As you may be aware, over four years after the federal government signed the 2018 Farm Bill into law,  last week, on January 26, 2023, the FDA announced that it will not engage in any rulemaking processes related to CBD or other similar cannabis-derived* compounds because it is unable to safely regulate such compounds under its existing regulatory processes. Additionally, the FDA asserted that Congress would need to create and adopt an entirely new regulatory pathway before the FDA can regulate CBD and similar cannabis-derived* compounds.  Per the FDA, a new regulatory pathway is n ..read more