Liquor Law

Liquor Law

Our team can add value to a liquor licensee’s administrative and civil litigation outcomes by incorporating a “common-sense” practical approach. EKG is passionate about resolving liquor law related issues and questions. Many of our matters involve liquor licensee’s disputes with the government. At EKG, we are always working hard to ensure our hospitality industry clients are competently represented against the government when accused of violating one of the many Alcoholic Beverage Control Laws (ABCL), New York State Penal Codes, and regulatory rules from NYS agencies, including the New York City Fire Department, New York State Department of Health, New York State Department of Buildings, and many more. Specifically, our litigation attorneys have extensive experience in Article 78 proceedings related to emergency summary suspensions of liquor licenses. Additionally, our team provides risk management and consulting services to ensure that licensees understand their Methods of Operation, and how it provides the structure for creating policies and procedures so their businesses function efficiently within the law. EKG is ready to create, file, and advocate for the approval of licenses with the community and agency boards, as well as defend licensees in administrative disciplinary proceedings for violations received during inspections and in criminal court for receiving NYPD summons.

Our liquor law attorneys represent the best interests of hotels, bars, restaurants, clubs, bodegas, grocery stores, and wine and liquor producers in the State of New York in a variety of areas of the law including:

Government Regulation

The New York State Liquor Authority is granted its powers through the New York State Constitution or statutes. At EKG, our team combines vast government experience with deep industry knowledge to bring practical, solutions-oriented, battle-tested perspectives to high-stakes liquor law problems. Our litigation team provides services to individual and corporate clients who require counsel regarding complex government laws, rules, regulations, procedures, permitting, applications, or enforcement matters. Let our team walk you through a comprehensive plan for achieving the best likelihood of success for all your NYS, NYC, and federal regulatory matters.

Investigations & White Collar Defense

In a climate in which prosecutors eagerly pursue corporations suspected of wrongdoing, the ultimate goal of our compliance and white-collar defense attorneys is to help your company minimize the likelihood of any corporate misconduct and deal effectively with the consequences of alleged wrongdoing. One of our Firm's strengths is that EKG attorneys are experienced in dealing with a wide array of anti-money laundering issues. If you are a corporation, officer, or employee under investigation for or charged with money laundering, or availing, offenses, you can be assured that we are likely to have acted as defense counsel, or prosecutor, in similar situations.

Civil Litigation

Unfortunately, civil litigations may arise in hospitality settings, including disputes that arise among principals. At EKG, our experienced attorneys have long-standing experience in effectively resolving such disputes both via alternative dispute resolution solutions and in court settings. Our lawyers have held positions such as former New York State Liquor Authority prosecutor and New York State Administrative Law Judge under the Office of Administrative Hearings, are skilled litigators who can effectively articulate and argue these types of hospitality industry litigation cases in court if a dispute cannot be settled otherwise.

Issues & Appeals

When you are wronged by a decision made by a government agency such as the New York State Liquor Authority or the New York State Department of Health, EKG is here to assist you in challenging that decision in Court. The law permits you to ask a judge to order the government, or a government agency, to do that which they are required to do by law or to stop doing that which they are not allowed to do by law. At EKG, our team understands it is important to be aware that Courts will not disturb the decisions that the government or agency made unless it is illegal or the government official abused its discretion. Let our experienced litigation team walk you through the appeals process.

Business Restructuring & reorganization

The Espinosa Kearney Law Group offers a full range of restructuring capabilities, including dedicated distress-related resources from other Firm practices, such as litigation and M&A. Our group is committed to understanding in detail the business of our clients and crafting solutions, including complex out-of-court workouts and in-court restructurings. EKG structures out-of-court transactions to provide protection in the event of a future bankruptcy case. No issue is too large or complex.

Mergers & Acquisitions (M&A)

The Espinosa Kearney Law Group represents purchasers and sellers and couples deal experience with a focused legal project management process. No matter the size of the deal, clients can count on having skilled lawyers lead the team and see the deal through from conception to completion. We invest the time to understand the client’s specific objectives and priorities. Based on these goals, our attorneys collaborate with other key deal team members, such as accountants and investment bankers, to identify key structural and economic issues and deal terms.

Risk Management & Consultancies

EKG understands that regulatory requirements will drive changes to business operations, so our team integrates and leverages technology and data-driven solutions where required. Our clients benefit from a seamless process provided by one firm, lowering the risk of project slippage and giving time back to your key stakeholders. Our team offers interpretation, planning, and implementation as an end-to-end service. You receive an efficient and effective solution that achieves your business and regulatory objectives. All delivered under one roof by deeply experienced liquor law specialists.

Intellectual Property (IP)

At EKG, we focus on leveraging our clients' intellectual property to help them achieve success in the marketplace. Our IP lawyers provide counsel on the most effective ways of protecting IP rights so clients can realize the most value from those assets. Our Firm assists our restaurant, bar, lounge, club, or venue by giving clients anytime/anywhere access to a wealth of information on their IP holdings, including status updates on filings and alerts to upcoming deadlines. From patents to trademarks and copyrights to licensing, EKG attorneys offer clients portfolio management and strategic advice on obtaining and protecting valuable intellectual property.

Community Advocacy

EKG is focused on racial and economic justice, grounded in the needs of communities. Our lawyers promote social justice as problem solvers, creative researchers, and strategic planners who employ an expansive range of lawyering strategies beyond litigation to create a more just legal system. Our team has represented community groups, bars and restaurants, and liquor and beer distributors, so you can trust that the Espinosa Kearney Law Group will develop and advance your policy campaign, advocate to change court rules and systems, and assist in drafting legislation to advance your perspective needs.