Interstate Wine Sales Continuing Legal Education Materials Available - Now with Agenda and livestream info.

WINE TALK
1

I have just finished the Continuing Legal Education materials for the CLE program we will be having on January 28 in conjunction with the inaugural meeting of the Wine, Beer and Spirits Law Committee of the Business Law Section of the New York State Bar Association. The program will focus on the relationship between interstate commerce in alcoholic beverages and the 21st Amendment provision expressly leaving authority to regulate importation to the individual states.

The materials include everything from SCOTUS Blog posts to maps of DTC states to two Supreme Court (Granholm and Tennessee Retailers) decisions and two Federal Circuit decisions. The pdf with the materials is 13 MBs. I do not know how to post them here for download, but if you are interested, PM me your email address and I will send them to you.


The CLE portion of the meeting - Item 3 in the agenda below - will be live streamed. If anyone is sufficiently obsessed with the topic, they may watch the live stream on my law firm’s Youtube channel (Gallet Dreyer & Berkey) starting at 7:00 pm EST on Tuesday.

Here is the agenda for the meeting:

Agenda
Wine, Beer and Spirits Law Committee
January 28, 2020

  1. Networking:
    . . a. Meet and greet; introducing the members
  2. Administration and Bureaucracy:
    . . a. Committee structure, subcommittees and request for volunteers
    . . . i. Subcommittees – (i) NY regulation; (ii) Federal regulation; (iii) Interstate issues; (iv) International issues and
    . . . importation; (v) Relationships with groups in other states and countries (i.e., the travel and entertainment
    . . . committee).
  3. The War Between the States, Redux:
    . . a. Section 2 of the Twenty-first Amendment versus the “Dormant” Commerce Clause.
    . . . i. Granholm (2005) – Shipping from out of state producers
    . . . ii. Tennessee Retailers (2019) – Durational residency requirements for licensing out of state residents
    . . . iii. Wal-mart Stores (2019) – Prohibiting package store licenses to public companies MAY be permissible –
    . . . remanded to determine whether there was a discriminatory purpose in the statute.
    . . . iv. Lebamoff (2018) – Shipping from out of state retailers – judgment dismissing claim that prohibition is invalid
    . . . reversed and remanded for further consideration.
  4. Additional networking and product testing.
    . . a. Testing of items available in New York ONLY as a result of Granholm.
    . . b. Testing of other products, including non-alcoholic products (e.g., charcuterie and cheese) for which state-based
    . . . protectionism is irrelevant because importation is not governed by the 21st Amendment.
2

Can you zip them and then just post a link to that? Or you can split them and post to Google Drive - they have a 10mg limit.

Those are for simple folks like me - I’m sure that there are other more sophisticated ways of doing it?

3

more like 50mb-100mb+ depending on file type. by far the easiest way to do it would be to create a folder and drag all the files you want into it and then share the link to the folder.

i wrote my 3rd year paper on this so would love to see what you’ve come up with. i no longer practice but still quite curious. happy to help on this tech side if needed.

4

Most of those systems have serious security flaws and since I have principally a banking law practice, our systems block most of those alternatives for security purposes. If I send things out, it’s no big deal. But if I create something that i can upload to and that you can download from, that is an inherent security risk, no matter what the vendor says, so I don’t do it,

5

are these sensitive documents or just case law and whatnot? sounds like it’s for a CLE course - hardly sensitive. but also whatever.

6

The materials are not sensitive BUT once I link my system to a file sharing intermediary, I increase security risk related to incoming traffic. Why take a chance with other client data just to save the time of having to email the information individually? If you really want, I now have printed copies of the materials because of some silly CLE rule about paper versions being available, so if you really want them, you can stop by my office and get a free copy.