Page 4 - 2017 Legal Symposium - Fee Waived

MONDAY (continued)

01:15 PM - 02:15 PM CONCURRENT SESSIONS (CHOOSE ONE)
Ethics: The Duty to Report Craft Conundrum
Attorneys who represent an organization are clear in their duty This panel will discuss the maze of regulations that craft brewers
to protect their client. However, what if their client is breaking and distilleries have to tackle to get in and remain in the game.
the law or otherwise perpetrating a fraud? What is the duty of This includes legislative challenges and victories for players in
the attorney representing the organization to advise or even the craft world. Small brewers and distillers have had to gain
report the activity to the organization’s governing body and/ footing in the industry, from revising outdated regulations
or the proper authorities? This session will look at the ethical to carving out a path to success. We will explore how these
duties of the lawyer representing an organization to report “up companies are tackling the wine and spirits distributors who
and out.” lobby to limit their growth, juxtapose how small crafts have
Seth M. Guggenheim, Virginia State Bar survived and discuss how the larger craft suppliers have had
to make certain choices to grow and stay competitive to
survive. Panelists will discuss the regulatory hurdles they have
personally faced along the journey.
Speakers to be named
02:30 PM - 03:30 PM CONCURRENT SESSIONS (CHOOSE ONE)

The “Grey Market” When Innovation Meets Regulation
Alcohol regulation in the United States provides a rigid Technology and innovation has granted the gift of possibility to
regulatory system that prevents untaxed or counterfeit all business sectors, but how can companies and government
products from making it to the marketplace, but what happens agencies work together to guarantee this innovation does
when alcohol gets sold outside of that system? Online sales not lead to non-compliance with state laws and regulations?
and auction outlets provide the opportunity for anyone to How can alcohol regulators ensure that the alcohol industry
become a manufacturer, distributor, and retailer. How should is appropriately regulated in the brave new world of alcohol
government agencies and companies face these unlicensed sales that make spirits, beer, and wine delivery available with
“grey market” sales? What are the laws that govern such the touch of a cell phone? How does this technology impact
activity? How can different jurisdictions work together when the three-tier system? What kind of balance can be found
this underground network moves items from state to state? between consumer convenience and responsible alcohol laws
Donald S. McGehee, Michigan Liquor Control Commission and regulation? This session will look at new alcoholic-specific
innovations and discuss how it can fit within an alcohol
regulatory scheme.
Speakers to be named
03:45 PM - 04:45 PM CONCURRENT SESSIONS (CHOOSE ONE)

“Pay to Play” Investigations Trade Treaties
“Pay to Play” situations, where retailers charge unlawful In the aftermath of the Brexit vote for the United Kingdom to
fees for products to be sold, have become more prevalent leave the European Union, questions persist on how the British
across the United States and Canada as manufacturers and alcohol industry and international alcohol distribution will be
distributors face extreme competition. One recent legal case impacted. Will scotch manufacturers see less demand without
in Massachusetts has garnered media attention related to open access to Europe? What kind of tariff issues may arise? On
this situation. This session will review this case and the trade the other side of the globe, the Trans-Pacific Partnership (TPP)
practice investigation involved as well as the reaction by the and Transatlantic Trade and Investment Partnership (TTIP)
public and alcohol industry at its resolution. Alberta, Canada provide murky waters, especially as they become a growing
has also been actively engaged in investigations and actions issue in American politics. This session will look at trade treaties
to resolve such activities. How should regulators and other and their legal impact on alcohol sales and international
agency officials be trained to deal with these situations? What distribution.
has the “pay to play” experience in Alberta, Canada been like in Speakers to be named
relation to the Massachusetts case?
Steven L. Schmidt, National Alcohol Beverage Control Association
Dave Berry, Alberta Gaming and Liquor Commission
Frederick (Ted) Mahony, Massachusetts Alcoholic Beverages Control Commission

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