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Desktop Image: Luzania, Kelly A.
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Kelly A. Luzania

Attorney

T 503.778.5359 Portland
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Kelly Luzania helps food and beverage companies tackle a variety of regulatory challenges. Her primary legal expertise includes labeling analysis, strategic bottle bill guidance, and state and federal excise tax assessment for food and beverage clients. Kelly also assists beverage clients with licensing, direct shipping, importation issues, and distribution expansion throughout the U.S.

Labeling

Kelly routinely advises on state, national, and international labeling and advertising of alcoholic beverages, including appellation of origin and other COLA related requirements. She has helped clients overcome label approval objections, and successfully negotiated use-up and letterhead agreements. 

Beverage Container Redemption

Kelly specializes in beverage container redemption legal issues in the 10 U.S. bottle bill states, including redemption value labelling, participant registration, and refund deposit initiation and remittance for beverage manufacturers, retailers, and distributors.

Excise/Privilege Tax

Kelly has extensive experience helping clients understand and comply with their state and federal excise and privilege tax obligations for the importation, sale and distribution of beer, wine and spirits. She has written and presented on TTB CBMA tax credits and lowered tax rates, including the intricacies of controlled groups, and qualification as a producer for tax credits/lower rates. Kelly has also provided support during several client excise tax audits, and successfully negotiated with taxation agencies on behalf of wineries, breweries and distilleries.

Administrative law

Kelly has experience helping food and beverage industry clients by drafting proposed statutory and rulemaking language. She has participated on numerous state agency rulemaking and advisory committees, and has experience preparing extensive rulemaking comments.

Practice Highlights

Labeling and advertising law

Advises on national and international labeling issues under TTB, FTC, USDA, FDA and customs laws relating to a wide range of products, including alcoholic beverages, food products, and apparel.

Hospitality

Advises clients on all facets of alcoholic beverage regulatory law, including licensing, labeling and advertising requirements, and federal and state regulatory and statutory issues relating to the wine, beer, and distilled spirits industries.

Distribution

Analyzes and advises on interstate direct shipment and distribution issues for wineries, breweries, and national retailers.

DWT Expertise Helps Drive One of the Biggest Beer Deals of the Year

Big brewers have been busy snapping up craft brewers for a few years now and DWT has been earning a significant share of these transactions, including a key role in one the most recent and high-profile: Sapporo Holdings’ acquisition of San Francisco’s legendary Anchor Brewing for a reported $85 million. DWT served as co-counsel with Kirkland & Ellis, advising Sapporo on all beverage business operating issues. The core team included Jesse Lyon, Jeff Giametta, and Kelly Luzania, who reviewed over a hundred distribution agreements in a very compressed timeframe and provided key tax and licensing/permitting advice. DWT continues to represent Sapporo in post-closing operating issues.
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Admitted to Practice

  • Oregon, 2006

Education

  • J.D., Lewis & Clark Law School, 2006, cum laude
    • Cornelius Honor Society
    • Business Law Roundtable Scholar
    • Submissions Editor and Style and Format Editor, Oregon Intellectual Property Newsletter
    • Intellectual Property Certificate
  • B.S., Genetics, University of California, Davis

Memberships & Affiliations

    • Oregon Women Lawyers Society
    • Administrative Law Committee, Oregon State Bar
    • Multnomah Bar Association
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