The absurd to the sublime, TTB comments on updates to trade practice regulations

By |2023-07-24T15:50:42+00:00July 24th, 2023|Liquor Industry Insights|

 

The TTB entered into a public comment period seeking recommendations from industry members on potential reforms and updates to the TTB’s trade practice policies. The TTB’s opening of comments to the Trade Practice Policies reflects a more active role in the federal government shaping the alcohol industry. In the recent past the U.S Treasury drafted […]

Irish Liquor Lawyer in Wine Spectator and Bevnet

By |2023-07-21T19:45:31+00:00July 21st, 2023|Irish Liquor Lawyer in The Press|

 

Happy to announce that I contributed to the iconic wine publication, Wine Spectator, discussing the 6th Circuit’s recent decision in Block v. Canepa, which reversed and remanded a decision upholding Ohio’s discriminatory wine retailer shipping law.

Also, I contributed to a BevNet piece on Tennessee filing a 21st Amendment Enforcement Act case against out-of-state shipper.

The Sixth Circuit changes the course of wine retailer shipping lawsuits

By |2023-07-15T19:02:56+00:00July 15th, 2023|Liquor Case Discussion|

 

Important factors

Before going into a summary of the legal decision, I wanted to provide some major points on why this decision, Block v. Canepa, is of paramount importance.

The first post Tennessee Wine decision on wine retailer shipping was Lebamoff v. Whitmer, where the Sixth Circuit found Michigan’s discriminatory wine retailer shipping […]

6th Circuit reverses and remands decision upholding Ohio’s discriminatory wine retailer shipping law

By |2023-07-15T00:55:02+00:00July 14th, 2023|Liquor Case Discussion|

The Sixth Circuit reversed (Block v. Canepa) a decision from an Ohio Federal District Court upholding Ohio’s discriminatory wine retailer shipping law. The Sixth Circuit held that the case needs to be remanded back to the district court for further proceedings and that the District Court failed to consider the evidence provided by the […]

Wine Needs to Flex Its Muscles

By |2023-07-06T16:11:09+00:00July 6th, 2023|Liquor Industry Insights|

 

Wine faces a threat it may not see coming around the corner. The unholy alliance of the trial lawyer bar and overzealous government bureaucrats threatens serious damage to the industry’s future. The good news is a lot of this can be defeated if the wine interest wakes up and decides it’s time to fight.

Two existential […]

Wisconsin legislation waves goodbye to the 21st Amendment and other constitutional concerns

By |2023-06-23T14:30:26+00:00June 23rd, 2023|Liquor Industry Insights|

 

Wisconsin’s new legislation, SB 332, includes legal principles that are so out of the ordinary that when these principles were introduced into law in Illinois, they couldn’t get past step 1 in the legislative process and died a quick death.

The legal faux pas in the legislation derive from the Uniform Law Commission’s work on the […]

Letting major manufacturers DTC ship can combat liquor corruption

By |2023-06-19T19:31:15+00:00June 19th, 2023|Liquor Case Discussion|

 

Not a surprise but there is corruption in the liquor field. We have seen it at government agencies in Oregon and Virginia and the Treasury Report on Competition recognized that despite active enforcement that there are exclusionary behaviors that include “discriminatory conduct by distributors.”[1]

The corruption in Virginia and Oregon pertained to how rare […]

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