Ashley Brandt

Answering the need for more accessible libation legal information, Ashley Brandt started the Libation Law Blog with the hope to address real questions for real food and beverage clients. Located in Chicago, Ashley’s belief in readily available information drives the blog and his law practice out of Goldstein & McClintock.

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The 6th Circuit has set oral argument in the Michigan liquor retailer shipping case that has companion cases across the country.  Oral argument is set for March 12, at 8:30 a.m. (EST). We’ll post it here once it is available. The post Oral Arguments set in Michigan Lebamoff case about out-of-state retailers shipping liquor to in-state residents where state allows in-state retailers to ship to them. appeared first on Libation Law Blog.…
The 7th Circuit has set oral argument in the beer made with corn syrup case of the century. We’ll post it once it is up. Currently the argument is set for Wednesday, April 8, 2020, at 2:00 p.m.  If you want to view it live, you can visit 219 S. Dearborn in Chicago and it will be in the Main Courtroom, Room 2721.  For those following what was to be the trial of the matter…
A little bit of background makes this seem like an easy decision given that constitutions, as a general rule, trump statutes. Oklahoma’s state constitution addresses the alcoholic beverage industry and its operation. Oklahoma used to have a state constitutional clause mandating that alcoholic beverage manufacturers make their products available to all distributors: “any manufacturer … shall be required to sell such brands … to every licensed wholesale distributor who desires to purchase the same, on…
A little bit of background makes this seem like an easy decision given that constitutions, as a general rule, trump statutes. Oklahoma’s state constitution addresses the alcoholic beverage industry and its operation. Oklahoma used to have a state constitutional clause mandating that alcoholic beverage manufacturers make their products available to all distributors: “any manufacturer … shall be required to sell such brands … to every licensed wholesale distributor who desires to purchase the same, on…
Southern Glazer’s Wine and Spirits, one of the nation’s largest alcoholic beverage distributors, has filed an amicus brief in support of Total Wine’s cert petition requesting the United States Supreme Court review the Second Circuit’s denial of Total Wine’s antitrust challenge to Connecticut’s post-and-hold, minimum pricing, and volume discount laws. You can read the brief in support of liquor retailer’s rights to have fluid pricing here. Briefly, Total Wine, a retailer, brought suit…
The Illinois Department of Agriculture posted the first of two anticipated frequently asked questions bulletins regarding the current process for the cannabis licensing process it is currently running for the Illinois craft grower, infuser, and transporter licenses available in the current round of cannabis licensing. You can find the full first FAQ on the licensing process for Illinois’s craft growers, infusers, and transporters here. You can find the link to the Department’s adult use…
The TTB has posted some informative videos about different issues in its trade practices enforcement efforts and the history of the Federal Alcohol Administration Act. The new videos are linked below and can be found on the TTB’s Trade Practices website. Each is a decent introduction to issues raised in the TTB’s enforcement of matters in the alcoholic beverage industry. FAA Act History & Background Tied House Exclusive Outlet Commercial Bribery Consignment Sales The…
The plaintiff in this case is a professional photographer whose work is registered with the copyright office. He sued New York Vintners LLC for copyright infringement when they used a picture of his on a third-party website, PULSD.COM promoting their wine education classes. You can see the photograph and read the complaint here. For whatever reason, the wine retailer did not respond to the complaint and default was entered against them. In reviewing the…
The plaintiff in this case is a professional photographer whose work is registered with the copyright office. He sued New York Vintners LLC for copyright infringement when they used a picture of his on a third-party website, PULSD.COM promoting their wine education classes. You can see the photograph and read the complaint here. For whatever reason, the wine retailer did not respond to the complaint and default was entered against them. In reviewing the…
That’s right, the oral arguments in this historic wine shipping case involving the rights of in-state citizens and out-of-state retailers to set their contractual terms and receive alcohol through third-party shippers like FedEx will be broadcast live today.  Here’s why this case about retailers shipping alcohol to residents of other states is important.   So take a break and have lunch today watching this first of its kind liquor shipping dispute. Beer, wine, and spirits…