Tulsa

Brewery and Winery Business Law

One of the areas of the law that Noah covers from Dunlap Bennett & Ludwig’s office in Tulsa is Brewery and Winery Business Law. While the brewery and winery business laws in Oklahoma had remained constant for many years, in 2016 The Oklahoma Regulations Governing the Sale of Wine and Beer Amendment, also known as State Question 792, was put on the ballot and approved by the majority of Oklahoma residents.

This law supported major changes to the laws governing alcohol sales and distribution in the state; it included provisions allowing grocery stores and convenience stores to sell full-strength beer and wine 7 days a week. Although the law was challenged as unconstitutional by the Retail liquor Association of Oklahoma (RLAO), the amendment withstood the legal challenge. The new law is scheduled to take effect in 2018. As one might expect, there has been conflict surrounding the new law. While residents are, for the most part, happy to have beer and wine more readily available, and groceries and small stores are happy to be able to sell these products, liquor stores and wineries are distressed to have lost their full control of two of their mainstays.

In addition to cases stemming from this new regulation, there are a number of other legal matters related to beer and wine that our practice handles, such as those concerning licenses and permits, labelling, online sales, and issues connected to the manufacture, sale and use of such products.

Litigation and Investigations

Noah Fontanez is, among his many other accomplishments, a highly skilled litigator, representing both plaintiffs and defendants in civil cases. What this means is that he is capable of following legal action all the way through, from investigation to pleading, from discovery to pre-trial, from trial to settlement, and, if necessary, to appeal. There are a number of variables involved in such work; the tactics used will depend on the type of legal dispute and whether the attorney is representing the plaintiff or the defendant.

During the initial assessment of the case, the attorney evaluates whether there is enough evidence to file (or defend) a potential lawsuit. Investigation involves locating and interviewing witnesses, gathering documents, and, of course, interviewing the client and investigating all pertinent facts. Often, it is possible to resolve the dispute and arrive at a settlement, averting the need for a lawsuit. Litigation attorneys also draft several pleadings and motions for their clients. If working for the plaintiff, the litigator drafts and summons and complaint; if working for the defendant, the attorney coordinates with the client to investigate the allegations and prepare appropriate responses.

Other actions litigation attorneys take include:

• Drafting motions to strike, dismiss, amend, change venue
• Taking part in the discovery process by exchanging relevant information
• Examining physical evidence and analyzing information gathered during discovery
• Preparing for trial with pre-trial: advising clients, recruiting expert witnesses, readying trial exhibits, devising appropriate strategies, drafting and arguing pre-trial motions

During the trial itself, the litigator identifies strengths and weaknesses in the case, developing persuasive arguments, and drafting trial motions. The litigation attorney also conducts voir dire, helps to select the jury (if needed) and presents the case. If a settlement is not reached between the opposing parties, and the verdict is not favorable to the litigator’s client, the attorney will go on to pursue an appeal.

Estate Planning

Estate planning is an important component of the work done in our Tulsa office. Although most people are pleased to plan for retirement and grandchildren, very few of us are comfortable contemplating the possibility of our own long-term illness and the inevitability of our own death. Nonetheless, with the help of an experienced, compassionate attorney like Noah Fontanez, facing the future head-on by planning the details of your estate can be reassuring, providing a sense of order and control. Noah will also help you designate an appropriate healthcare proxy, sign a HIPAA declaration, and construct a living will so that you can be sure your end-of-life wishes will be carefully followed.

At Dunlap Bennett & Ludwig in Tulsa, we are well-prepared to handle all of your estate planning needs, from drafting your will and durable power of attorney to establishing trusts to protect your assets and your loved ones from unnecessary taxation and from the potential loss of the government benefits. Noah is well aware of all the types of trusts that may be of use in your particular situation, including trusts for minor children, trusts for those likely to make poor financial decisions (spendthrift trusts), and special needs trusts that will protect loved ones with physical or mental challenges from losing their government benefits (e.g. Medicaid).

All of the attorneys of Dunlap Bennett & Ludwig are aware that each person’s situation is unique. You can be sure we will address your particular issues, whether they involve setting up a guardianship or conservatorship, arranging for a strong business succession plan, or fighting vigorously for you in any type of estate litigation.

While many people mistakenly believe that estate planning is only necessary for the well-to-do, sharp attorneys know better. We want to help you prepare for contingencies in your own life so that you and your loved ones will benefit from the assets you worked hard to accumulate and so that your legacy remains intact. Estate planning will ensure that there is a smooth transition of your assets to your designated heirs. With Dunlap Bennett & Ludwig, you can be certain all drafted documents will be well-structured and legally binding.