McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDistrict Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws
By McDermott Will & Emery on Apr 1, 2019
Posted In Distribution, Trade Practices
On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to sell and deliver directly to consumers’ homes, but withholding that same privilege to out-of-state retailers. Plaintiffs had challenged the Missouri...
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The Future of Direct Shipping
By McDermott Will & Emery on Mar 25, 2019
Posted In Uncategorized
In September 2018, the U.S. Supreme Court granted a petition for a writ of certiorari brought before the Court by the Tennessee Retailers in Tennessee Wine and Spirits Retailers Association v. Byrd. The petition requested that the Court review the lower court’s decision upholding a finding that Tennessee’s two-year residency requirement for retail license applicants...
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A History of Alcohol Law
By McDermott Will & Emery on Mar 5, 2019
Posted In Uncategorized
In this lunchtime talk at CiderCon 2019 (the annual conference of the US Association of Cider Makers), Marc Sorini discusses the historic development of the current legal structure regulating alcohol beverage businesses. Topics include the origins of “tied house” laws and the evolution of the three-tier system, the often-confusing status of cider under federal law,...
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Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws
By Jonathan Ende and McDermott Will & Emery on Mar 4, 2019
Posted In Distribution, Trade Practices
Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s Liquor Control Act and related regulations. Though the decision represents a victory for state alcohol regulatory regimes,...
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A New Supreme Court Case May Impact the Future of Spirits Direct Shipping
By McDermott Will & Emery on Dec 10, 2018
Posted In Distribution
In late September 2018, the U.S. Supreme Court granted a petition for a writ of certiorari (i.e. the Court agreed to hear a case) brought before the Court by the Tennessee Wine and Spirits Retailers Association (Tennessee Retailers) in Tennessee Wine and Spirits Retailers Association v. Byrd. The petition requested that the Court review the...
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7th Circuit Issues Lebamoff Opinion
By McDermott Will & Emery on Nov 30, 2018
Posted In Distribution, Trade Practices
As you likely have read in the trade press already, on Wednesday, November 28, 2018, the US Court of Appeals for the Seventh Circuit issued its opinion in Lebamoff v. Rauner. The opinion adds three judges of the Seventh Circuit to the collection of legal minds rejecting the notion that the dormant Commerce Clause non-discrimination...
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Further CBP Guidance on Craft Beverage Modernization Act
By McDermott Will & Emery on Oct 19, 2018
Posted In Alcohol Excise Taxes, Legislation
Earlier this week, US Customs and Border Protection (CBP) issued further guidance on the procedures for importers to take the lower tax rates and credits available under the Craft Beverage Modernization Act (CBMA). Key points of the new guidance: CBP will process drawback claims on an oldest-entry-first basis. Failure to substantiate drawback claims by January...
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Tied-House Law Update
By McDermott Will & Emery on Oct 11, 2018
Posted In Advertising and Marketing, Legislation, Trade Practices
During the Wine, Beer & Spirits Law Conference, Marc Sorini discussed recent legal developments in federal and state trade practice law. He provides a background for each and explores recent and pending investigations. View the full presentation.
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What’s New in US Constitutional Law Developments
By McDermott Will & Emery on Oct 9, 2018
Posted In Advertising and Marketing, Trade Practices
During the International Wine Association’s 2018 Conference, Marc Sorini presented on the latest law developments, including the Commerce Clause and First Amendment. The topic was made particularly timely by the Supreme Court’s September 27 decision to grant certiorari review of the Byrd v. Tennessee Wine and Spirits Retailers Association decision. View the full presentation.
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New CBMA Guidance Further Clarifies Excise Tax Rules for Imported Beverages
By McDermott Will & Emery on Oct 8, 2018
Posted In Alcohol Excise Taxes, Import/Export
Last week Customs & Border Protection (CBP) issued additional guidance on the Craft Beverage Modernization Act (CBMA) rules for applying the CBMA lower excise tax rates (for beer and distilled spirits) and credits (for wine) to alcohol beverages imported from other countries. The new guidance provides further clarity on the procedures required to make claims...
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