Page 5 - 2023 Legal Symposium Brochure

TENTATIVE AGENDA MONDAY (continued)

1:15 PM – 2:15 PM CONCURRENT AFTERNOON SESSIONS (CHOOSE ONE):

Automated & Virtual Wait Staff Accepted Ingredients in Alcohol: A Recipe for Disaster?
Technology and tight labor markets have ushered in new business Innovation is a driving force in every sector. But innovating products
models that beget novel legal questions for many jurisdictions. designed for human consumption requires a disciplined approach

Innovations like automated drink machines and virtual wait staff with a compliance-first posture. While the regulations can be clear
present potential liability and risk around issues ranging from regarding certain GRAS or prohibited ingredients, they are far less
identification verification and biometric data accumulation to clear regarding many other potential additives. This dynamic was on
overservice and licensing. While some states have addressed these full display approximately a decade ago when the FDA took action
issues via policies such as per drink restrictions and specific liability against caffeinated alcohol products. As the industry enters another
allocation, many states have yet to see these businesses emerge age of innovation, similar concerns could materialize again. In this
in their jurisdictions. In this session, attorneys will discuss the session, regulators and attorneys will discuss the current legal lines
applicability of existing laws to these new business models while of demarcation and identify areas where practitioners are likely to
identifying novel areas where businesses should remain vigilant. encounter novel compliance questions as they develop products
with ingredients that have never been combined with alcohol.

02:15 PM – 02:30 PM Break
2:30 PM – 3:30 PM CONCURRENT AFTERNOON SESSIONS (CHOOSE ONE):

Legal Ramifications of Interstate Marijuana Regulating Low or No Alcoholic Beverages
Despite its similarities with alcohol, cannabis seems destined for Paradoxically, one of the fastest growing categories in alcohol is
a very different legal treatment due to its lack of a constitutional products that contain low or no alcohol. While many jurisdictions utilize
amendment. While decriminalization or legalization at the federal .5% as the threshold for “non-alcoholic” products, the production
level will open up markets as an economic matter, it will not process itself may significantly alter both the tax treatment and
immunize state cannabis laws from constitutional challenges under sales channel availability. Similarly, the base ingredients may trigger
the dormant commerce clause. Congressional action could also FDA oversight under certain circumstances. These jurisdictional
present complex pre-emption and federalism questions during a dynamics can be further complicated in products where alcohol
period of rapid jurisprudential change at the Supreme Court. In this may initially exceed relevant thresholds but is removed to meet a
session, attorneys will discuss the various ways in which changes to low or no standard in a specific state. In this session, attorneys will
federal law could impact existing state laws and cannabis markets. discuss the rules and regulations governing products with low or no
alcohol while identifying the considerations which trigger various
agencies’ oversight.

03:30 PM – 03:45 PM Break

3:45 PM – 4:45 PM CONCURRENT AFTERNOON SESSIONS (CHOOSE ONE):

Data Privacy & Cybersecurity Technical Tax Issues in Buy/Sell Agreements
In the Internet Age, every attorney fears a data breach. With a Tax compliance and remittance is a critical function for all alcohol
patchwork of state and federal laws, it can be difficult to ensure companies. Whether it is payment of excise taxes, remittance of sales
procedural compliance in an emergency--especially so for smaller and use tax, or off-sets, companies must ensure their methodologies
organizations. However, the ubiquity of this threat has also caused are accurate for both accounting and licensing purposes. With the
cybersecurity tools and protocols to become more accessible as the expansion of state and federal benefits for smaller producers, this can
market scales to meet the pervasiveness of this risk. Further, various present unique issues--especially at the time of sale or acquisition.
federal agencies have been empowered to assist organizations when Further, if foreign parties or jurisdictions are involved, there are
critical sectors are targeted. In this session, attorneys and subject- likely to be additional compliance considerations which may trigger
matter experts will discuss cybersecurity best practices that mitigate review from federal agencies not typically involved in alcohol. In this
this risk and identify critical components of the legal workflow should session, tax and regulatory attorneys will discuss the technical issues
your organization fall victim to a data breach. that practitioners should maintain awareness of when advising on
buy/sell agreements.

4:45 PM – 5:00 PM First Day Closing Remarks and Announcements

6:00 PM – 7:00 PM Networking Reception

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