Brad Berkman is a member of the Hospitality, Alcohol and Leisure Industry Group at Greenspoon Marder. He concentrates on providing guidance to all tiers of the alcohol beverage industry, including suppliers, wholesalers and retailers.
Brad’s principal expertise is providing counsel to upper-tier industry members on legal, regulatory, and operational concerns within the framework of federal and state(s) beverage alcohol laws and regulations. Areas of focus include complex Tied-House issues, contract negotiations, drafting and disputes, trade practice concerns, distribution matters, international trade of beverage alcohol and TTB and state alcohol beverage control issues. Brad has also advised third-party marketing companies, celebrity brand owners and influencers on many trade practice matters. He is also versed in municipal zoning, permitting and licensing of vendors of alcohol (bars, restaurants and hotels).
Brad has real-world experience having started his career in the industry principally on the supplier side having worked in various sales and marketing capacities of malt, wine and spirits manufacturers and brand owners. Combined, Brad has nearly thirty years of experience in all aspects of the industry.
As an additional note, Brad grew up in the business and has deep ancestral roots in the trade. His great-grandmother was a pioneer in the field who was one of the first women to hold a liquor “salesman’s” license in the State of New York. She parlayed that start into a large, female, and eventually family-owned beer distributorship that served the five boroughs of New York City for many decades.
Brad regularly contributes to the firm’s Hospitality, Alcohol, & Leisure Industry Group blog and hosts the Ardent Spirit podcast.
Bar Admission
- Florida
Education
- J.D., St. Thomas University of Law, 2006
- M.S., Forensic Science, George Washington University, 1991
- B.A., International Studies, American University, School of International Service, 1987
Speaking Engagements
- Featured Speaker, “Distribution Laws: Three Tier Distribution System, Continuing Legal Education (CLE) Course,” Tales of the Cocktail Foundation, July 20, 2024
- Featured Speaker, Distillery, Brewery, and Winery Law 2024, Virtual Seminar, May 6, 2024
Publications
- Co-Author, “The Contract Packaging Agreement,” The Grapevine Magazine, August 30, 2024
- Co-Author, “A Short and Quick Guide to Wine Importation Regulatory Process,” The Grapevine Magazine, July 1, 2024
- Co-Author, “CBMA: A Short Guide to the Rules of the Road,” The Grapevine Magazine, April 30, 2024
- Co-Author, “Basic Mechanics & Benefits of the Alternating Proprietorship Arrangement,” The Grapevine Magazine, March 1, 2024
- Co-Author, “The Role of the Municipality and Local Ordinances and the Producers’ Operational Goals,” The Grapevine Magazine, January 2, 2024
- Co-Author, “The 21st Amendment Enforcement Act & Retail Sales in Interstate Commerce,” The Grapevine Magazine, November 3, 2023
- Co-Author, “Contract Packaging Agreements,” Beverage Master, October 5, 2023
- Co-Author, “Cities Should Explore Minn. Municipal Alcohol Store Model,” Law360, April 13, 2023
- Co-Author, “To Taste or Not to Taste – The Grapevine Magazine,” The Grapevine Magazine, January 11, 2023
- Co-Author, “How Cos. Can Prep For Alcohol Beverage Excise Tax Changes,” Law360, December 22, 2022
In the News
- Featured, “Understanding Legality of Non-Alcoholic and Cannabis-Infused Beverage Trends,” Modern Restaurant Management, July 29, 2024
- Quoted, “Why Is the Best Vodka From Costco?” Slate, March 31, 2024
- Quoted, “Hospitality Cases To Watch In 2023,” Law360, January 2, 2023
- Dec 29, 2023 The Hospitality Lawyers NYE Prayer
- Nov 6, 2023 The 21st Amendment Enforcement Act & Retail Sales in Interstate Commerce Published in Grapevine Magazine
- Aug 31, 2023 Premium Cigars Deemed Not “Deemable”
- Aug 17, 2023 Out-of-State Direct to Consumer Sales Update
- May 10, 2023 Tallahassee Passes Amended 561.20(4) Florida Statute Opening Licensure Opportunities To New, Bona Fide Restaurants In This State
- Mar 27, 2023 The “Muni” Store
- Feb 24, 2023 Hard “Soft-Drinks” and their “Disruptor” Presence
- Oct 31, 2022 Scariest Trend in the Hospitality Industry
- Oct 25, 2022 CBMA Update Note – Administration of CBMA Tax Benefits for Importers to Transition to TTB
- Aug 8, 2022 Beware the Franchise Law Lurking Behind Your Distribution Agreement
- Jul 18, 2022 Greenspoon Marder Hospitality, Alcohol & Leisure Blog: FIFA FO FUM – A Glance at the World Cup and Alcohol Policy
- Jun 6, 2022 Greenspoon Marder Hospitality, Alcohol & Leisure Blog: The FTC and Some Advice
- May 16, 2019 Greenspoon Marder Hospitality, Alcohol & Leisure Blog: Update to Latest Round of US-China Tariffs Hit Wine and Spirits – California Winemakers Nervous
- Feb 19, 2019 How Private Labels Blur the Lines of Beverage Law
- Feb 4, 2019 The Issue is Moot-Sort Of.
- Jan 22, 2019 TTB Closed for Business…And We Know It’s Bad for You.
- Jan 17, 2019 “Blair v Tenn” – Can A Retailer Ship Directly To Consumers?
- Nov 26, 2018 For Whom the Bong Tolls
- Oct 8, 2018 Alcohol Beverage Producers See Potential in Cannabis and Cannabis Derived Products
- Sep 20, 2018 Alcohol Beverage Licensing Options-Alternatives to the Quota License
- Sep 4, 2018 Greenspoon Marder Launches Hospitality, Alcohol & Leisure Industry Group Blog
News
- May 10, 2023 Tallahassee Passes Amended 561.20(4) Florida Statute Opening Licensure Opportunities To New, Bona Fide Restaurants In This State
- Oct 8, 2018 Alcohol Beverage Producers See Potential in Cannabis and Cannabis Derived Products
Videos
- 2022 Year in Review & 2023 Forecast: Hospitality, Alcohol, & Leisure Industry
- The Ardent Spirit – A Greenspoon Marder Podcast – Episode 1 with Brad Berkman
- The Ardent Spirit – A Greenspoon Marder Podcast – Episode 2 with Brad Berkman and Special Guest Michael Martinez
- The Ardent Spirit – A Greenspoon Marder Podcast – Episode 3 with Brad Berkman and Special Guest Paul Clear, Sandalo Organic Estates
- The Ardent Spirit – A Greenspoon Marder Podcast – Episode 4 with Brad Berkman and Special Guest Joshua Remedios, Greenspoon Marder LLP
- THE ARDENT SPIRIT – A GREENSPOON MARDER PODCAST – EPISODE 5 WITH BRAD BERKMAN AND SPECIAL GUEST MICHAEL MARTINEZ
- The Ardent Spirit, Ep. 6 – Creating an Alcoholic Beverage Brand with Brad Berkman