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Nichole Shustack, Nutter McClennen & Fish LLP Photo

Overview

Nichole D. Shustack is a partner in Nutter’s Corporate Department and a member of the Alcohol group and the Food and Beverage group. Nichole advises companies in the alcohol beverage industry on federal and state regulations, trade practices, commercial agreements, and distribution matters. She combines a pragmatic, solution-oriented approach with savvy business acumen to help her clients navigate the complex and heavily regulated alcohol beverage industry and grow their businesses.

Drawing on her experience as in-house counsel at the Boston Beer Company, Nichole brings a unique perspective on the challenges that corporate counsel often face. Brewers, distillers, and wineries rely on Nichole for legal advice on critical legal, regulatory, and distribution issues. She counsels companies on trade practice compliance matters and marketing programs and materials to ensure compliance with local, state, federal, and international laws, including Alcohol and Tobacco Tax and Trade Bureau (TTB) and FDA regulations. Nichole also oversees commercial agreements in connection with machinery, capital equipment, ingredients, packaging, and goods and services to ensure compliance with state and federal laws and regulations on the production of alcoholic beverages. She frequently writes about compliance and other alcohol beverage regulatory matters.

Notable Experience and Client Impact

  • Represented Beam Suntory Inc. in the execution of a renewable energy services agreement with 3Rivers Energy Partners for the $400 million development of a renewable natural gas anaerobic digestion facility next to the Jim Beam distiller in Kentucky. The biogas development uses still from the whiskey distillery process as feedstock in renewable natural gas production, which then powers the expanded distillery. This project plays a key role in Beam Suntory cutting its companywide greenhouse gas emission and water usage in half by 2030.
  • Spearheaded the senior management team overseeing the Boston Beer and Dogfish Head Brewery merger, including a national wholesaler and sales consolidation and communications initiatives.
  • Served as lead counsel on all domestic and global wholesaler contracts and transactions as well as franchise issues and interpretations of the law, transfer of distribution rights, and litigation support for one of the largest craft brewers in the industry.
  • Represented non-traditional beverage companies, large alcohol producers, and private equity clients who confidently rely on Nichole to guide them through the ever-changing regulatory landscape of alcohol production, distribution, and delivery, both through contemplated transactions and on an ongoing basis.
  • Advised major retailers and e-commerce platforms on ways to navigate the ever-changing landscape of alcohol delivery and online sales.
  • Provided guidance to multiple clients through actual and potential recalls in both the United States and worldwide.
  • Assisted one of the largest breweries in the U.S. with its rollout of its hard seltzer brand, including formulation, labeling, compliance, and distribution considerations.

Nichole is a member of the board of directors of the Historic Lansdowne Theater Corporation and the vice president of the Drexel Park Homeowner Association.

Prior to joining Nutter, Nichole was a partner in the Alcohol Regulatory & Distribution group at an international law firm.

*Not admitted to practice in New York; admitted only in the District of Columbia, New Jersey, and Pennsylvania. Supervised by attorneys of the Firm who are members of the New York Bar.

Experience

Experience

  • Best Day Brewing

    Nutter advised Best Day Brewing, the #1 fastest-growing, non-alcoholic craft beer brands in the United States, on its latest funding round. 

  • Night Shift Brewing

    Nutter advised Night Shift Brewing in connection with its agreement to be acquired by Hendler Family Brewing Company (HFB). Night Shift will be joining an impressive portfolio of local craft brands including Jack’s Abby and Wormtown to create the largest producer of craft beer in the Commonwealth of Massachusetts. 

News & Insights

Publications

Honors

Honors

  • The Legal Intelligencer, Professional Excellence Awards: ESG Impact honoree, 2023

Education & Admissions

Education

Widener University School of Law, J.D.
Villanova University, B.A.

Admissions

  • District of Columbia
  • New Jersey
  • Pennsylvania

Industry Expertise

Nichole spearheaded the senior management team overseeing the Boston Beer and Dogfish Head Brewery merger, including a national wholesaler and sales consolidation and communications initiatives.

Noteworthy

  • The Legal Intelligencer, Professional Excellence Awards: ESG Impact honoree, 2023
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