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By McDermott Will & Emery on Sep 26, 2017
Posted In Advertising and Marketing, Trade Practices
Today’s off-premises retail landscape is dominated by large chains that rely on practices generally known as category management to maximize the profitability of their stores. Some of the activities falling under the category management umbrella require close interaction between the retailer and the producers, importers, or distributors supplying them product. As a result of this...
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Latest Decision in Kona Beer Branding False Advertising Case
By McDermott Will & Emery on Sep 18, 2017
Posted In Advertising and Marketing
The US District Court for the Northern District of California’s recent opinion in Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027-BLF (Sept. 1, 2017) represents the latest decision in the now long-line of false advertising cases alleging that beer brands misrepresent their geographic origins. The Broomfield case involves the marketing of Kona beers, allegedly in...
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Alcohol and Tobacco Tax and Trade Bureau Announces Joint Operation Targeting Alleged “Pay-to-Play” Activities in Florida
By McDermott Will & Emery on Jul 25, 2017
Posted In Advertising and Marketing, Trade Practices
On July 20, 2017, the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced a joint operation it conducted with the Florida Department of Alcoholic Beverages and Tobacco (DABT) to investigate potential trade practice violations in the Miami, Florida area. According to a very brief press release issued by TTB, the investigation focused on...
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Approaches to Spirits Direct Shipping
By McDermott Will & Emery on Jul 6, 2017
Posted In Distribution, Import/Export, Legislation, Trade Practices
Direct-to-consumer (DTC) sales of alcohol beverages have been a hot topic in the alcohol industry for the last two decades. The wine direct-shipping landscape has changed greatly over the past 15 or so years, most dramatically by the US Supreme Court’s decision in Granholm v. Heald. Today nearly evert state—plus the District of Columbia—allows wineries...
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Department of Treasury Publishes Request for Information Regarding Regulatory Reform
By McDermott Will & Emery on Jul 5, 2017
Posted In Legislation
In keeping with President Trump’s Executive Order (#13771) on regulatory reform, the Department of the Treasury recently published a Request for Information regarding its regulations. The Request covers those regulations administered by TTB under Title 27 of the Code of Federal Regulations. The Request for Information provides an unusually-clear opportunity to propose reforms to reduce regulatory...
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Wine, Beer & Spirits Law Conference: September 14-15, 2017
By McDermott Will & Emery on Jun 15, 2017
Posted In Uncategorized
Connect with more than 100 professionals from around the country at the 22nd Annual Wine, Beer & Spirits Law Conference to be held September 14-15, 2017 in Portland, Oregon. McDermott Partner Marc Sorini will co-chair the event and will speak on alcohol regulatory and distribution issues in the transactional context. Other conference topics include TTB...
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En Banc Opinion Could Set Precedent for Tied-House Laws
By McDermott Will & Emery on Jun 15, 2017
Posted In Advertising and Marketing, Legislation, Trade Practices
Yesterday, the en banc (full) Ninth Circuit Court of Appeals issued the attached opinion in the case of Retail Digital Network v. Prieto, No. 13-56069. As you may recall, the Retail Digital Network case concerns the legality of sections of California’s tied-house laws, California Business and Professions Code Section 25503(f)-(h), which prohibit manufacturers and wholesalers...
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The Ban on Consignment Sales
By McDermott Will & Emery on May 24, 2017
Posted In Legislation, Trade Practices
Most brewers are at least somewhat familiar with federal and state laws regulating the interrelationships between members of the different industry tiers. The most well-known are the “tied house” laws, which prohibit or severely restrict brewers or beer wholesalers from owning retail establishments (and vice versa), and substantially limit the ability of brewers or beer...
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Texas Supreme Court Weighs In on Tied House
By McDermott Will & Emery on May 8, 2017
Posted In Trade Practices
Late last month, the Texas Supreme Court issued a ruling in Cadena Comercial USA Corp. d/b/a OXXO v. Texas Alcoholic Beverage Commission, finding in favor of the Texas Alcoholic Beverage Commission (TABC) and weighing in for the first time on the application of Texas’ tied house law. In a 6-2 decision, the court upheld the...
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ESOPs and Artisan Distilling
By McDermott Will & Emery on May 3, 2017
Posted In Transactions
With articles about the “magic” of turning employees into company owners popping up in the New York Times and The Atlantic last fall, Employee Stock Ownership Plans are becoming part of the mainstream vernacular. Referred to by those in the know as “ESOPs” (pronounced “ee-SAHP”), these specialty retirement plans are a popular—and tax effective—way for...
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