Fashion Counsel: Pricing Strategies and Antitrust Considerations
Pricing Strategies and Antitrust Considerations
From Business Viability and Cashflow Analysis to First Payment Rights — Restructuring and Bankruptcy Considerations for the Food, Beverage and Agribusiness Industry
On February 9, 2022, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a final rule that implements Phase 2 of its rulemaking modernizing certain labeling and advertising regulations for malt beverages and...more
Massachusetts franchise protection laws may be the furthest thing from our minds while enjoying a cold beverage this summer, but recent legal developments have changed the way that alcoholic beverages make their way from...more
More than a year since the COVID-19 pandemic first began, we are all familiar with the ways in which it has impacted industry in the United States. While it decimated brick and mortar businesses and caused thousands of bars...more
The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more
The issued Industry Circular 2020–3 on May 8, 2020 which clarifies the applicability of the trade practice provisions of the Federal Alcohol Administration (FAA) Act and TTB regulations during the COVID-19 public health...more
Last week, the Massachusetts Supreme Judicial Court upheld a $2.6 million fine against beer wholesaler Craft Brewers Guild (a Sheehan family-owned company) for violating anti-price discrimination statutes and commercial...more
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...more
A new law in Delaware sheds some light on potential changes that could benefit many of the most popular breweries in Massachusetts. Delaware House Bill 373 was signed into law on June 7th, allowing craft breweries—as well as...more
With the influx of craft breweries, wineries, distillers and wholesale distributors popping up everywhere, there are several issues that have come to light regarding regulatory compliance. These entities that have obtained a...more
The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about state powers under the 21st...more
On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition...more
Of particular interest to Pennsylvania residents and those doing business in the Commonwealth is the focus on expanding the location and availability of alcohol beyond traditional licensees. A month after Act 39 of 2016...more
On June 8, 2016, Pennsylvania Gov. Tom Wolf signed a bill into law that will broaden the liquor laws in the state. Scheduled to go into effect in early August 2016, the bill contains something for a broad range of...more
On February 12, 2016, the Alcohol & Tobacco Tax & Trade Bureau (TTB) released TTB Ruling 2016-1 (Ruling), addressing category management practices. The Ruling seeks to clarify TTB’s position toward category management under...more
In a decision released on January 7, 2016, Retail Digital Network LLC v. Jacob Appelsmith, the U. S. Court of Appeals for the Ninth Circuit overturned 29-year-old precedent set in Actmedia Inc. v. Stroh, which held that those...more
The rollout of the newly expanded Tennessee Retail Accountability Program is meeting with some opposition as the first reporting deadline under the 2015 changes in the program approaches. In response to these concerns, the...more
The 2014 legislative short session adjourned on August 20, 2014. The General Assembly passed several bills affecting alcoholic beverages in North Carolina. Significant provisions of those bills are summarized below....more
On January 30, 2014 the State of Nevada Attorney General’s Office issued an open letter to all retailers, wholesalers and suppliers of alcohol beverages in Nevada reminding them of their legal obligation to comply with the...more