ALCOHOL LAW ADVISOR
ALCOHOL LAW ADVISOR
Regulatory and Distribution Law Updates for the Alcohol Industry
ALCOHOL LAW ADVISOR
Regulatory and Distribution Law Updates for the Alcohol Industry

Marc Sorini Marc Sorini

Subscribe to Marc Sorini's Posts
Marc E. Sorini concentrates on issues facing the alcohol beverage industry, with a particular focus on the supplier tier and non-beverage alcohol users. He heads the Firm's Alcohol Regulatory & Distribution Group and is recognized as one of the leading lawyers in his field. Read Marc Sorini's full bio.

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws


By 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...

Continue Reading



The Future of Direct Shipping


By and on Mar 25, 2019
Posted In General Interest

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...

Continue Reading



A History of Alcohol Law


By on Mar 5, 2019
Posted In General Interest

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,...

Continue Reading



Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws


By , and on Mar 4, 2019
Posted In Distribution, General Interest, 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,...

Continue Reading



A New Supreme Court Case May Impact the Future of Spirits Direct Shipping


By and on Dec 10, 2018
Posted In Distribution, General Interest

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...

Continue Reading



7th Circuit Issues Lebamoff Opinion


By on Nov 30, 2018
Posted In Distribution, General Interest, 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...

Continue Reading



Further CBP Guidance on Craft Beverage Modernization Act


By 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...

Continue Reading



Tied-House Law Update


By 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.

Continue Reading



What’s New in US Constitutional Law Developments


By 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.

Continue Reading



New CBMA Guidance Further Clarifies Excise Tax Rules for Imported Beverages


By 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...

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES