Litigation Update: What is New and Important to You!
Comprised of representatives from various trade groups within the alcohol industry, this panel will explore new changes and trends within the diverse world of alcohol litigation. They will highlight some of the jurisprudential shifts in constitutional and administrative law and discuss how these changes might impact industry operations. They will also address the range of state cases percolating across the country—and address how these dynamics intersect within the unique federalism dynamics inherent to the 21st Amendment.
Regulation and Enforcement of Marijuana: Sifting through the Haze
With disparate approaches at the state level, what is the capacity to regulate and subsequently enforce regulations contemplating THC and Marijuana? This panel seeks to compare the clarity that alcohol guidance has historically provided with the hazy atmosphere in which marijuana regulation exists. This panel will also explore the differences between beverages and other THC products and their potential intersection with dormant commerce clause analysis.
You’re under the influence! Exploring Partnerships and Sponsorships in the Modern Era
The modern rise of the “influencer” has made brand deals all the rage. Alcohol has seen an influx of new partnerships and sponsorships in an increasingly competitive market. This panel will explore the nuance of celebrity sponsorship and provide insight for navigating/orchestrating these deals vis a vis existing trade practice frameworks. DTC shipping considerations, tied-house restrictions, and retail and supplier intersectionality will all be evaluated within the confines of this exciting topic.
Warehousing & Licensing & Sales, Oh My!
Warehouses are the backbone of logistics and require varying types of licenses. In the beverage alcohol space, the nature and use of the warehouse are primary considerations in the type(s) of licenses which may be required to do business. In recent years, the alcohol industry has wrestled with iterations of this question on topics ranging from fulfillment houses to off-dock sales. In this session, experts will discuss some of the most common business models regulators are tasked with licensing—from direct-to-consumer to public warehouses—and share practice points based on their experiences.
Mergers and Acquisitions 101
This panel seeks to explore best practices in the world of mergers and acquisitions by comparing and contrasting considerations within varying levels of the three-tier system. What does this process look like in the supplier tier versus the wholesaler tier? What are some of the licensing considerations and risk management practices that must be considered? This panel seeks to answer these questions and more.
Stolen Alcohol: Challenges for Consumers, Regulators & Industry
Organized crime and alcohol have a colorful history. In recent years, professional criminal networks have targeted a wider range of business processes—leading to responses from Attorneys General across the country. While some have enhanced penalties, others have re-written criminal statutes in novel ways designed to eliminate criminal arbitrage. Concurrently, businesses are contemplating new verification and anti-counterfeiting processes designed to empower regulators and law enforcement with additional evidentiary tools. In this session, experts will discuss the evolving legal, regulatory, and business initiatives designed to make enforcement and prosecution more effective.
Consumer Class Actions: From Health Claims to Cancer Warnings
Health claims and novel ingredients might make for good marketing, but they can also be laden with legal risk. In recent years, beverage alcohol companies have faced class action suits in relation to a variety of these claims. Moreover, the increased focus on public health has begat questions around cancer warnings—with some states debating bills on mandatory usage. These discussions necessarily involve sensitive First Amendment questions around prior restraint and compelled speech. But they also highlight the unique federalism dynamics in the Federal Alcohol Administration Act. In this session, attorneys will discuss the unique risks involved in these class action suits.
Tariffs 101: A Primer on Key Domestic & International Law Implications
International trade compliance is ever-changing and multi-dimensional. As companies seek solutions to new tariff frameworks, a wide array of business and legal processes are being pulled in for review. Adding to this complexity are new trade agreements with varying levels of detail and scope. Regardless of outcome, legal departments will need to ensure their systems are flexible enough to accommodate the rate volatility, yet secure and sufficiently iterative to maintain the required documentation and advice. In this session, attorneys will discuss the most critical components of trade compliance frameworks—and how to develop systems that are nimble, but not porous.
Data Privacy Rights & Responsibilities in the Biometric Era
Session Description TBD
Is Past Prologue? Robinson-Patman, Antitrust, & Alcohol
The Supreme Court’s elevation of “history and tradition” and “contemporaneous” understanding have begat fascinating questions around the nature of antitrust enforcement. As the new FTC leadership sets its agenda, the intersection of their priorities with recent Supreme Court jurisprudence might offer insight into the contours of this regulatory framework. In beverage alcohol, enforcement actions and private suits have been developing for years. But open questions remain around procedures such as the merger guidelines. In this session, attorneys will discuss the current FTC landscape, the evolution of its enforcement practices, and how these shifts may impact private companies and state policies.
Bottle Bills & EPR: Where Sustainability Intersects with Compliance & Cost
Alcohol and agriculture share legal, political, and most importantly, literal, roots. This co-dependence has historically translated into shared leadership in policy areas like sustainability and conservation. Recently, some jurisdictions have shifted from debating a known policy in bottle bills to more expansive regulatory frameworks for extended producer responsibility (EPR). These new frameworks require significantly more compliance paperwork and demand better line of sight into third-party inputs and costs. Moreover, compliance can be difficult as state agencies are often tasked with standing-up new regulations on short timelines. In this session, attorneys will discuss the key distinctions and knock-on effects of these laws.
Ethics & Artificial Intelligence: Designing, Developing, and Implementing an AI Future That Works
As AI continues a rapid expansion within all facets of society, how can it be developed and modeled to be fair, transparent, accountable, and ensure privacy? Within the context of the law, how can AI assist in expedited research and decision-making within the context of our current ethical parameters? This session will explore the power of AI as a tool within the legal profession and offer insight as to the ethical implications and realities of implementing it within your practice.