An attorney in the Napa Valley focusing on wine industry law, business, real property and land use,  Matt Eisenberg works with winery and vineyard owners, wine and food-related companies, beer and spirits producers, real estate developers, hotels, restaurants, lenders, nonprofits and other regional, national and international clients.

Matt was born and raised just outside Philadelphia, Pennsylvania, where he graduated from Germantown Friends School.  He attended college at Columbia University, where he double majored in English and Psychology and graduated with honors in 1987. After Columbia, Matt worked in fundraising and donor/guest relations at The Pennsylvania Ballet and The Coca-Cola Company.

In 1991, Matt was determined to pursue his interest in the wine industry and became certified as a Wine Captain at the Sommelier Society of America. He then became a sommelier and wine buyer for the ‘21′ Club, the famed New York City prohibition-era restaurant and former speakeasy with a secret wine cellar in its vaulted basement.  What Matt only recently learned, and that made his pursuit of a career in wine even more fated, was that his grandfather and his brothers were known as the “Silvers Brothers Alcohol Mob” during Prohibition, a well-known family bootlegging and rum-running operation based in Philadelphia.

In 1993, Matt returned to Philadelphia to attend law school, graduating in 1996 from Temple University Beasley School of Law, where he was selected for the Temple Law Review and received the Best Writer award at graduation. Matt also clerked in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania during his third year of law school. After law school, Matt worked for the Philadelphia-based law firm of Klehr, Harrison, Harvey, Branzburg & Ellers, where he practiced securities law, creditor’s rights and commercial litigation in both the state and federal courts.

In 1998, Matt moved to the Napa Valley to pursue his passion for the wine and hospitality industry and its allied businesses. At Dickenson, Peatman & Fogarty for over ten years, Matt further developed his expertise in business, real property, alcohol beverage and land use for clients in these and related industries. In 2003, Matt was elevated to the status of Director (and Shareholder) after only four years at the firm.

Since arriving in Napa, Matt has worked for business clients on entity selection and formation through acquisitions and sale or merger. He has guided individuals and families on various business issues, succession and land use/planning. Matt has worked for both public and privately-held companies on securities offerings and a range of business and real property transactions. In this regard, he has successfully negotiated acquisitions and sales of vineyard, winery, brewery, resort, restaurant and related assets, a range of debt and equity financing transactions, complex vineyard leases and grape contracts, in addition to preparing and structuring investment offering materials and advising clients on a variety of finance, real property, alcohol beverage (ABC/TTB) and business/corporate planning issues, including workouts/restructurings, 1031 exchanges, due diligence and real property sales tax issues/appeals.

Matt represents a range of local, regional and national clients, in addition to international clients in brokerage, distribution and general business and real estate matters. Matt’s professional affiliations include membership in the Business and Real Property sections of The State Bar of California, the Napa County Bar Association and the Napa Chamber of Commerce.

Outside of his law practice and non-profit pursuits, Matt’s time is spent with his wife Hillary Homzie, a children’s book author and professor, and their three young boys (Jonah, Ari and Micah).  Matt’s interests include travel (both near and far), piano and keeping up with his boys on the tennis court.

From his law office in the Napa Valley,  Matt advises regional, national and international clients (whether start-ups or established businesses) on wine industry and alcohol beverage law (including wine, spirits and beer issues with the ABC and TTB), real estate law, business/corporate transactions and land use entitlements and issues.  For client recommendations, see Matt’s LinkedIn profile.

The following is a list of the industry sectors, businesses and individuals that Matt has worked with since 1996:

• Wineries
• Wine-related companies (cork, mobile services, packaging/storage, barrels, tanks)
• Winemakers, consultants and brokers
• Breweries and brewmasters
• Vineyard owners, vineyard funds, growers and negociants
• Restaurants and bars
• Resorts, spas and hotels
• Gourmet and natural food producers
• Public markets and food/wine and other retail stores
• Tasting Rooms
• Tourism and recreation
• Other agriculture (fruit, rice, olives, etc.)
• Financial institutions and investment advisors
• Real estate acquisition and development
• Recycling/waste management
• Construction
• AVAs (American Viticultural Areas)
• Health care
• Publishing (wine, food and fiction)
• Aviation
• Cellular sites
• Technology
• Nonprofits (arts, health, recreation, religious, social services, wine-related)
• Schools (public and private)

Representative Client Matters:

The following is a list of some of the more significant matters Matt has worked on over the last decade, in which he has represented the following clients on the following transactions:

• Publicly traded wine company in (i) a $1.2 billion assumption of debt and acquisition by overseas company and (ii) its $15 million purchase of a Napa winery from a Japanese beer company.
• Overseas investor in negotiation of $5 million partnership dispute dissolution in prominent Napa Valley winery.
• Florida developer in their real property acquisitions and associated business and real estate matters for the development of a luxury hotel in downtown Napa.
• Sonoma wine family on development of corporate, tax and real property structure and documentation to develop residential high-end subdivision on large parcels of vacant land in Sonoma County.
• Two of the largest growers and vineyard funds in California on numerous vineyard acquisitions and related real property, water access and grape purchase/leasing/enforcement issues.
• Napa-based bank on “debtor in possession” financing structure.
• Local foundation, public market and wineries on successful real property tax appeals.
• International film company in negotiation of grape purchase and trademark license agreements for the production and sale of wine at Napa Valley winery.
• Napa-based partners in forming and operating regional recycling and waste facility.
• Napa Valley family in sale of White Sulphur Springs resort in St. Helena to San Francisco-based nonprofit group.
• Canadian developer in acquisition and development of office condominiums in Napa airport area and in subsequent sale of a limited partnership interest in such project to a national developer.
• Prominent winemaker in acquisition and development of Geyserville winery site for use as family winery and brewery.
• High net worth individual lender under stock collar agreement on fractional, tenancy-in-common purchase and development of Russian River vineyard site.
• “Oak Knoll District of Napa Valley” appellation on formation.
• Downtown Napa and Sonoma Square tasting rooms on forming and utilizing “dup 02″ winery structure.
• Local and regional nonprofits on formation, general corporate, real estate and tax advice.

• Matt Eisenberg
• 429 Montecito Blvd.
• Napa, CA 94559

• ph: 707-224-1074
• fax: 707-676-9194
• cell: 707-481-3119
• email: matt@matteisenberg.com
• web: www.matteisenberg.com
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Matt is an experienced California lawyer (with bar admissions in Pennsylvania and New Jersey) serving the wine industry as well as the hotel, restaurant, retail and related sectors from his Napa Valley office.  He works in the following practice areas along with other attorneys, planners, consultants and paralegals in Napa, throughout the Bay Area and nationally, when the legal issues demand it and in order to maximize benefit and value to the client:

Business/Corporate Law
Matt has worked for business clients and entrepreneurs from their inception, which includes entity selection and formation, through acquisitions, and disposition events like sale, merger or dissolution. He has guided individuals and families on a range of business issues , and has assisted both public and privately-held companies on securities offerings and as outside general counsel on business transactions and corporate/board guidance. In this regard, he has successfully negotiated acquisitions and sales (stock and asset purchases) of vineyard, winery, brewery, resort, restaurant property and related assets, a range of debt and equity financing transactions, complex vineyard leases and grape contracts, in addition to preparing and structuring investment offering materials and advising clients on a variety of finance and business planning issues.

Real Estate
Matt has significant experience on real property issues and has worked on transactions locally, nationally and on behalf of clients internationally. He has worked on complex due diligence and title work during the property acquisition process and a range of leasing issues (commercial, industrial, office, ground/retail). Matt has successfully negotiated acquisitions and sales of vineyard, winery, brewery, resort, restaurant property and related assets. Matt has also advised clients on 1031 exchanges and achieved success for multiple clients on real property sales tax issues/appeals.

Land Use/Entitlements
Matt has obtained land use entitlements for prominent North Bay clients, including winery, brewery, hotel, restaurant and mixed-use development. Matt also works with experienced planners in Napa and Sonoma County in order to make client representations cost effective and efficient. Matt keeps abreast of major land use, natural resource, and environmental regulations affecting property owners.

Wine, Beer and Spirits Law (Alcohol Beverage)
Matt has worked with wineries, vineyard owners, importers, restaurants, hotels and other business on compliance with local, state and federal alcohol beverage laws, as well as various applications to the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) and the California Department of Alcohol Beverage Control (ABC). Matt handles matters such as ABC license transfers and new license applications, TTB basic permit applications, custom crush arrangements and alternating proprietorships, establishment of wine appellations, labeling matters, alcohol beverage franchise laws pertaining to distributor appointments and terminations and a full range of other alcohol beverage compliance matters.

Mediation and Pre-Litigation Representation
Matt has successfully mediated and/or negotiated settlements of disputes for and among growers, wineries, brokers/agents, landowners/landlords, tenants, consultants, financial institutions, borrowers and others. He takes a practical, fact and law-based approach to demand letters, negotiation and mediation to obtain beneficial and cost-effective outcomes for clients and between parties.

For over 12 years in the Napa Valley, Matt has been deeply involved in nonprofit and community activities which have had local, regional and national impact while advising nonprofits on legal and compliance issues.

Current nonprofit roles include:

• President of the Board of the Napa Valley Youth Symphony, which provides professional-level training for almost 100 students from age 8 through 18.  The Symphony’s first-ever fundraiser in 2008 (which Matt co-chaired that year and in 2009 and 2010 as well) provided necessary funding to send 90 young musicians to perform at Carnegie Hall in the summer of 2008.  The Symphony traveled  to LA in the summer of 2010 to play at Disney Hall, the Frank Gehry-designed home of the LA Philharmonic, where they won a Gold Medal at the Los Angeles International Music Festival.  The Symphony is planning a trip overseas for 2012.  Check out a photo album from the Youth Symphony’s annual fundraiser and gala concert, The Red Gala.
• Board member of If Given a Chance, an organization focused on providing scholarships and support for young people who have overcome extreme hardship, including physical and sexual abuse, addiction and gang activity.

Playground Fantastico
In 2000, Matt conceived of the idea of an art park for the Napa Valley incorporating commissioned art, landscaping by an award-winning Bay Area designer and play structures for children. He led the fundraising efforts that resulted in over $400,000 raised from individuals, wineries, public and private foundations, state and local government and regional and national service groups for what is now known as Playground Fantástico. In the process, he led nine committees, organized more than 3,000 community volunteers who came together to build the park in the summer of 2002, and managed the budget for the project from conception through construction.  Matt also co-wrote with the Arts Council of Napa Valley the proposal that resulted in the first-ever Napa Valley grant from the National Endowment for the Arts to commission an original tile-mosaic wall that has garnered numerous awards for public benefit. At the center of the playground is a giant sculpture by Gordon Huether, a metal and glass artist based in the Napa Valley whose work appears regionally, nationally and internationally.

Upon completion of construction, Matt also finalized an additional grant of $75,000 from the Robert Mondavi Winery and the Mondavi family personally to support a long-term endowment of the project. The success of this project for the benefit of the Napa community was a realization of Matt’s enduring passion for art and public/private collaboration and his ability to work with others to raise the money needed to support these ends.

The San Francisco Chronicle acknowledged Playground Fantastico as one of the best playgrounds in the Bay Area.  They write that it has “unique, Dali-esque play equipment.”  See the full article.

Other awards received by Matt and the project itself include:

• Mayor of Napa’s “Shining Star” award for “shining like a star, inspiring others and contributing to our success.”
• KVON/KVYN’s Best of Napa (Best Place to Entertain Children) for multiple years.
• Community Service Award, Rotary Club of North Napa.
• Napa Outstanding Achievement Award, KVON.
• Community Leader of the Year, Napa County Child Abuse Prevention Council.
• Selected as one of one of “Most Intriguing People of the Year,” Napa Valley Life magazine .

As a result of the Playground Fantastico project and of Matt’s commitment to the Napa Valley, he was appointed as one of the founding members of the Napa County Parks and Open Space Advisory Committee, which ultimately led to the creation of the first-ever Napa County Regional Park and Open Space District.

Past nonprofit roles include:

• Board member and Vice President  of the Napa Valley Education Foundation (1999-2006).
• Board member of the Napa Valley Arts Council (2003-2004).
• Member of the Facilities and Long-Range Planning Committee for Congregation Beth Sholom of the Napa Valley (1999-2003 and again in 2008).

Matt regularly speaks, writes and collaborates with his colleagues and other wine/vineyard/hospitality industry members about developments in these business sectors and related legal issues, strategies for fostering productive business relationships (and, therefore, useful contracts) and the best methods for avoiding and/or navigating disputes. Matt was named in 2004 and continues to serve as a member of the Planning Committee for the Wine Industry Symposium Group, which plans and organizes the annual Vineyard Economics Seminar and Wine Industry Financial Symposium in Napa.

The following is a list of Matt’s publications and presentations over the course of the last several years:

PUBLICATIONS

• Building and Enforcing a Better Grape Contract in Uncertain Times, Wine Business Monthly, April, 2010.  Download Article.  Article also discussed in editor’s column in the same issue, entitled Spring in the Wine Business.
• Lending to Bankrupt Businesses, Northbay Biz, September 2009.  Download Article
• It may be time to revisit property’s assessed value, North Bay Business Journal, December 1, 2008.  Download Article
• Interviewed in Lien Times (an article about producer’s and grower’s liens), Northbay Biz, October, 2004.   Download Article
• Planning for a co-owner’s woes, Interviewed in North Bay Business Journal. August 3, 2004.  Download Article
• Avoiding Harvest Disputes, North Bay Business Journal, May 25, 2004.  Download Article
• Bulk Wine Secrets: What’s In a Name?, Wine Business Monthly,  June 1, 2003.  Download Article
• Article published at Temple Law Review: Recovered Memories of Childhood Sexual Abuse: The Admissibility Question, 68 Temp. L. Rev. 249 (1995).  Download Article.  Later cited in Peterson v. Huso, 552 N.W.2d 83 (N.D. 1996), reprinted in Women and the Law, Clark, Boardman Callaghan, 1996, discussed in Considerations for Experts in Assessing the Credibility of Recovered Memories of Sexual Abuse, Psychology, Public Policy, and Law 2006, Vol. 12, No. 4, 419 – 441 (Download Article).

PRESENTATIONS

• “Picking” a Fight: How to Navigate (or Avoid) Wine Industry Disputes in Precarious Times.  Moderated panel at Wine Industry Financial Symposium (September 14, 2009).  Download Power Point.
• Hang Time Issues (late picking of fruit and its effect on winery-grower relations). Moderated panel at Vineyard Economics Seminar (2006).
• Grape Crop and Bulk Wine Update. Spoke at Wine Industry Financial Symposium (2005).
• Winery-Grower Contracts.  Participated in panel at Wine Industry Financial Symposium (2004)

Matt would like to acknowledge the following for their hard work and vision in assisting me on this website:

Lisa Gottfried
Digitalweavers
Websites and Digital Videography
lisa@digitalweavers.com
707-332-2163

Suzanne Becker-Bronk
Suzanne Becker Bronk Photography
sbbronk@photodance.com
707-257-1513

Terms of Use

This web site may be used only under the following terms and conditions, which are subject to amendment and/or revision by Matt Eisenberg.

The materials found on this site (the “Materials”) are for general information purposes only. They are not intended to be, nor should they be interpreted as, legal advice or opinion. The Materials may not be applicable to a particular factual or legal circumstance, and, therefore, no information found at this site should be acted or relied upon without seeking professional legal advice.

Transmission of information from this site is not intended to create, and receipt of information does not constitute, an attorney-client relationship or any other relationship with Matt Eisenberg and he makes no representations regarding and assumes no responsibility or liability for any errors or omissions in the content of this site, and is not responsible for any third party content that may be accessed through or linked to this site. Matt Eisenberg assumes no responsibility for computer viruses resulting from the use of this site, and expressly disclaims all liability in respect to actions taken or not taken based on the contents of this site. THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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