Page 4 - 2016 Legal Symposium Mailer WAIVED Registration

MONDAY, MARCH 14 (CONTINUED)
Concurrent Sessions (Choose One)
TENTATIVE PROGRAM & SESSION DESCRIPTIONS (CONT.) 1:15 PM Granholm: 10 Years Later and 10 Years from Now
The U. S. Supreme Court’s decision in Granholm v. Heald
was formative in shaping much of the landscape for
alcohol distribution and regulation within our country. As
the beverage alcohol industry continues to grow through
the popularity of craft products, the use of technology
and the demand to get the product to the customer’s
doorstep, how will it push the limits of the Commerce
Clause and the 21st Amendment? In this session, a panel
of legal experts will discuss post-Granholm cases and how
emerging trends such as self-distribution, virtual licenses
and third party fulfillment may influence the court’s
analysis in the future.
Deb Skakel, Dickstein Shapiro, LLP
2:15 PM Break
2:30 PM FDA/TTB
New alcoholic products such as cakes and candies,
powdered alcohol, and ice cream novelties, along with
a newfound prevalence of ciders, bitters, mead and fruit
wines complicate the responsibilities of the Food and
Drug Administration (FDA), and the Alcohol and Tobacco
Tax and Trade Bureau (TTB). While TTB generally reviews
the formulation and labeling of products, it may look
to the FDA to evaluate the non-alcoholic ingredients in
those products. This session will provide guidance on
how a manufacturer could work with these two federal
agencies and their regulatory schemes. It will also address
emerging products and those gaining momentum,
taxation and reporting implications, and how the TTB and
FDA work together when product issues arise.
Michael B. Newman, Holland & Knight LLP
Nicole Candelora, Alcohol & Tobacco Tax & Trade Bureau (TTB)
3:30 PM Break
3:45 PM The Feds Are In Charge Here
The Twenty-First Amendment is widely regarded as
giving states broad control over alcohol purchases and
sales within their borders - except when the federal
government asserts primacy. This session will discuss
areas where state control is subordinate in whole or in
part to federal rules, including sales on Native American
land, duty-free stores and military installations.
James M. Goldberg, Esq., Goldberg & Associates, PLLC
Laurel Iron Cloud, Esq., Bureau of Indian Affairs
5:00 PM Adjournment
6:00 PM - 7:00 PM Networking Reception
1:15 PM Technology Tomorrow
Third-party shipping, direct-to-consumer opportunities
and online delivery services pose serious legal questions
in an orderly, efficient and trusted beverage alcohol
marketplace. How do tied-house restrictions, the three-
tier system, and trade practice violations survive in a
consumer driven landscape? Alcohol is a highly regulated
product. Since prohibition, it has been considered a
unique commodity that requires special treatment.
Will new technology driving customer convenience fuel
alcohol deregulation or can the technology be adapted
to fit the needs of the beverage alcohol regulatory
framework?
Speakers to be named
2:30 PM Promotional Pitfalls
Modern technology has granted the gift of new
promotional possibilities to all business sectors. With
these new opportunities, however, come dangers
and difficulties. What do businesses need to do to
take advantage of new marketing techniques without
running afoul of government regulations and the law?
How has the regulatory landscape changed as a result
of these technological advances? Can the states avoid
constitutional challenges in regulating content? In light of
social responsibility, which advertising tools for products,
tastings, and promotional events are more useful? This
session will focus on the unique laws and regulations for
promoting alcoholic beverages.
Kelly Routt, Oregon Liquor Control Commission
Jason H. Barker, Holland & Knight LLP
3:45 PM Trade Practice Case Study
Recently, some states have filed charges related to a
lengthy investigation involving “pay to play” allegations
amongst a few wholesalers and retail licensees. These
cases illustrate the negative impact such practices have on
a fair and even marketplace for all retailers, wholesalers,
and suppliers. This session will analyze these cases and
address a new resource available to better identify a
state’s trade practice laws and regulations.
Steven L. Schmidt, National Alcohol Beverage Control Association