Kimberly A. Frost

512-614-2021

kfrost
[at]
mfhliquorlaw [dot] com

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As a former legislative aide to a state representative and “big firm” lawyer, Kimberly is a seasoned administrative law attorney who represented clients before many state agencies prior to focusing her practice on alcoholic beverage regulatory matters.
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Representative Experience

  • Represents a number of Texas wineries, distilleries, and breweries on federal and state permitting, compliance and labeling matters
  • Represents importers of beer, wine and distilled spirits on federal and state permitting, compliance and labeling matters
  • Advises the country’s largest wine and spirits wholesaler on Texas regulatory and legislative matters
  • Advises a major grocery store chain on licensing, marketing practices and legislative matters affecting its alcoholic beverage operations
  • Advises a nationwide discount retailer on national permitting and regulatory compliance matters.
  • Successfully challenged the state’s requirement that alcoholic beverage permits and licenses be held only by Texas residents as a violation of the interstate commerce clause of the U.S. Constitution
  • Successfully defended a national provider of in-home wine sampling events against a cease and desist order from the TABC on commercial free speech grounds
  • Assisted a major grocery store chain in restructuring its alcoholic beverage operations and other government-regulated operations to obtain the benefits of tax law changes
  • Advised the owner of a professional sports team on (i) the design of a new arena to facilitate alcoholic beverage permitting and (ii) its concession agreement with a concessionaire to sell food and alcoholic beverages in the team’s arena
  • Represented a major California winery on Texas regulatory matters
  • Represented a major U.S. beer brewery on Texas regulatory matters
  • Represented a bankruptcy trustee representing an estate that included a chain of convenience stores holding a variety of alcoholic beverage and other state and local permits
  • Supervises and coordinates the renewal of hundreds of state and local food establishment permits for a nationwide discount retailer.

Education & Professional Background

The University of Texas School of Law, J.D. with honors, May 1998
The University of Texas, B.A. in Government with highest honors, May 1994
Angelo State University, 1990–1992
Admitted to Practice:  Texas, 1998; U.S. District Court for the Western District, 2006
Before joining our firm, Kimberly was an associate in the Administrative and Environmental Law section of Vinson & Elkins LLP in Austin.

Speeches & Presentations

Surviving the TTB and TABC Label Approval Process, Texas Wine and Grape Growers’ Annual Conference, 2014
And We Are Special: a discussion of small brewer challenges in the traditional three-tier regulatory system (panelist), National Conference of State Liquor Administrators, Central/Western Regional Conference, 2014
Alcohol Promotions in Social Media: I’ll Drink to That!, Texas Wine and Grape Growers’ Annual Conference, 2011
Advertising Law for Wineries: You Wine Some, You Lose Some, Texas Winery and Wine Distribution Law Seminar, 2010
How Much is Too Much? Open Government & Ex Parte Communications, National Conference of State Liquor Administrators, Southern/Northern Regional Conference, 2009
Legislative Update, Texas Winery and Wine Distribution Law Seminar, 2009
The 21st Amendment 75 Years Later—Did We Get it Right? (panelist) , National Conference of State Liquor Administrators, Southern/Northern Regional Conference, 2008

Activities, Affiliations & Recognitions

GrovePlace Partners, Board of Directors, 2013-present, Chair-Elect, 2013–15
Texas Winery and Wine Distribution Law Seminar (by Law Seminars International) Co-Chair, 2009-10
Advanced Texas Administrative Law Conference Co-Chair, 2008-09
Thomson Reuters Rising Star of Texas Law, 2005
Austin Business Journal Rising Star, 2004
Austin Under 40 Award Finalist, 2003, 2007
Administrative and Public Law Section, State Bar of Texas, 2003–present; Pres., 2008–09; Vice. Pres., 2006–07, Sec., 2005–06; Treas., 2004–05
SafePlace, Board of Directors, 2000–06; Chair, 2005
PUPPs (People United for Planned Parenthood) Steering Committee, 2001–03; Chair, 2003
Foundation for Women’s Resources Power Pipeline, Class of 1999
University of Texas School of Law Women’s Roundtable Mentor, 1998–2004

Kimberly relishes her time at home with husband, Patrick, and children, Luke, Lucy and Wesley.