Marshall is a highly regarded outside regulatory counsel to some of the leading companies in the alcohol beverage industry. He is also deeply committed to educating and guiding entrepreneurs and emerging producers through the complexities of industry regulations and legal requirements.
With a comprehensive understanding of federal and state laws, Marshall provides strategic counsel across a wide range of regulatory matters. He assists clients with obtaining or amending Federal Basic Permits and Brewer’s Notices from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and secures or modifies state-level licenses and permits. Marshall also helps clients navigate the TTB’s Certificate of Label Approval (COLA) and formula submission processes, ensuring full compliance with both federal regulations and industry standards. His expertise extends to collaborating with marketing and sales teams to ensure that labels, advertisements, and promotional materials meet legal requirements and minimize litigation risks. Additionally, Marshall works with non-beverage manufacturers, including food producers, flavor houses, and pharmaceutical and bio-medical companies, to ensure compliance with TTB regulations on non-beverage formulas and permits.
Marshall’s experience includes drafting, negotiating, and advising on a wide variety of industry agreements, including distribution, contract production, sponsorship, consultant, and alternating proprietorship agreements. He provides practical, results-driven advice to clients as they enter into these agreements, manage their regulatory responsibilities, and navigate the conclusion of contractual relationships.
When clients face enforcement actions from the TTB—ranging from initial investigations to notices of noncompliance—Marshall provides practical and strategic counsel to achieve the best possible outcomes. He regularly helps clients address issues related to excise tax payments, reporting requirements, permit compliance, and the regulation of labels, formulas, advertising, and trade practices. For clients found non-compliant with the Federal Alcohol Administration Act, Marshall works collaboratively with both clients and regulators to develop a plan for regaining compliance and, where appropriate, facilitates Voluntary Disclosure or Offers in Compromise submissions to the TTB.
Marshall’s expertise also spans federal and state trade practice and tied-house laws, brand acquisition due diligence, and state franchise laws. He frequently advises clients on compliance with Food and Drug Administration (FDA), Customs and Border Protection (CBP), and Internal Revenue Code (IRC) regulations as they relate to the alcohol beverage sector.
An experienced writer and thought leader, Marshall has contributed to numerous industry publications, including Craft Spirits Magazine, and has served as a faculty member for the National Business Institute’s Virginia Beer and Distillery CLE program.
Marshall earned his J.D. from Pennsylvania State University in 2005, an M.A. from George Mason University in 2003, and a B.A. from the University of Virginia in 1998. He is admitted to practice in Virginia and the District of Columbia and before the U.S. District Court for the District of Columbia and the U.S. District Court for the Eastern District of Virginia. In April 2025, Marshall was named Principal and Partner at Lehrman Beverage Law.
Outside of his professional work, Marshall enjoys spending time with his wife and daughter, watching movies, supporting the Virginia Cavaliers, and perfecting the art of smoked meats.
Marshall can be reached at 571-397-2393 or via email at marshall.fawley@bevlaw.com.