Media Mentions
2011
“U.S. Court Rips Texas ABC on First Amendment, Other Grounds”
Kane’s Beverage News Daily, December 21, 2011
Marc Sorini said that the ruling by a federal judge striking down Texas alcohol regulations “represents a significant First Amendment decision implicating a number of rules mirrored in” regulations of various states and of the federal Alcohol and Tobacco Tax & Trade Bureau. “The industry accordingly should watch any further proceedings in this case with interest,” Mr. Sorini added.
Marc E. Sorini, Alcohol Regulatory & Distribution
2010
“Feds’ Action on Caffeine Said to Cut a Fine Line, Raises Concern for TTB”
Kane’s Beverage News Daily, December 3, 2010
Marc Sorini said that federal regulators not only moved “decisively” in regulating highly caffeinated alcohol energy drinks, they also “cut the fine line between products that have caffeine from natural sources and products amped up with added caffeine.” Although he expressed concern about the action’s expansion of FDA authority over beverages and alcohol, Mr. Sorini noted that the federal action likely staved off state and local regulators who “looked as if they were going to take a blunderbuss approach” to restricting the beverages.
Marc E. Sorini, Alcohol Regulatory & Distribution, Regulatory Development - Alcohol Regulatory & Distribution
“All the Better for Lawsuits”
Food Chemical News, November 26, 2010
Marc Sorini observed that in acting to regulate drinks containing both alcohol and caffeine, the FDA and other federal agencies “moved decisively” and “showed an impressive amount of coordination.” He predicted that private lawsuits against the affected beverage companies will follow, and that “the conclusions of the FDA, in particular, will likely feature prominently in such lawsuits.” Mr. Sorini added that regulators should “target their solutions carefully in order to avoid ‘collateral damage’ to unrelated products” such as flavored liqueurs and alcohol beverages.
Marc E. Sorini, Alcohol Regulatory & Distribution, Regulatory Development - Alcohol Regulatory & Distribution
The August/September 2010 issue of Mid-Atlantic Brewing News quoted Mr. Sorini in an article about pending legislation before Congress, H.R. 5034 (also known as the CARE Act). The article quotes Mr. Sorini on the federal Commerce Clause implications of the proposed legislation and its potential impact on small brewers.
Marc E. Sorini, Alcohol Regulatory & Distribution
Marc Sorini was quoted and cited by WineBusiness.Com on July 16 for his letter to the House Judiciary Committee stating that civil rights groups were “misled” into supporting H.R. 5034, a bill regarding alcohol beverage distribution. “This bill is not needed to better address underage drinking, drunk driving or other problems that rightly concern civil rights organizations,” Mr. Sorini stated in his letter, adding that the bill largely protects “powerful economic interest in the ‘wholesaler-tier’ of the industry.” The story noted that the Distilled Spirits Council of the United States had praised Mr. Sorini’s “expert analysis.”
Marc E. Sorini, Alcohol Regulatory & Distribution
Arthur Decelle was mentioned in the July 2010 issue of Corporate Counsel, which noted that he had left his position as executive vice president, general counsel and secretary of the Beer Institute to join McDermott as counsel in the Firm’s Washington office.
Arthur J. DeCelle, Alcohol Regulatory & Distribution
Marc Sorini was featured in the July 8 Kane’s Beverage News Daily, which quoted his letter to the House Commerce Committee regarding H.R. 5034. The bill “is a vehicle to provide protection for powerful economic interests in the ‘wholesaler-tier’ of the [alcohol beverage] industry,” Mr. Sorini’s letter asserted. He noted that, although large alcohol beverage manufacturers and distributors are the main backers of the bill, civil rights groups also have been “misled” into supporting it as a means to restrict alcohol sales. In reality, the bill seeks to expand national industry regulation to the detriment of the current effective system of state regulation. “A state has many mechanisms to regulate the price of alcohol without resorting to legally sanctioned price fixing,” Mr. Sorini said in criticizing the bill.
Marc E. Sorini, Alcohol Regulatory & Distribution, Regulatory Development - Alcohol Regulatory & Distribution
Arthur Decelle’s move to McDermott as counsel after serving as executive vice president of the Beer Institute was covered by Congress Daily/A.M. on May 4. Mr. Decelle, a former chief of staff for two New York congressmen, will build on his work with the Institute and continue to have a strong focus on food and beverage regulations that in some cases date back to the end of Prohibition. When asked to name his own favorite drink, Mr. Decelle replied, “It’s a trade secret.”
Arthur J. DeCelle, Alcohol Regulatory & Distribution
Arthur DeCelle spoke to Blog of the Legal Times on April 28 about his move to McDermott as a partner in the Firm’s Washington, DC office. A former Executive Vice President, General Counsel and Secretary of the Beer Institute, Mr. DeCelle will focus primarily on advising clients about the federal and state regulations regarding alcohol manufacturing, distributing and manufacturing, and will also do lobbying on behalf of industry clients. He stated, “I am looking forward to working with clients on the nuts-and-bolts regulatory aspects of the alcohol industry.”
Arthur J. DeCelle, Alcohol Regulatory & Distribution
Marc Sorini was quoted by Kane’s Beverage News Daily (April 27) concerning the news that Arthur DeCelle (former Executive Vice President, General Counsel and Secretary of the Beer Institute) has joined McDermott’s Washington, DC office. Mr. Sorini, who heads the Firm’s Alcohol Regulatory and Distribution Group, of which Mr. DeCelle has become a member, said of Mr. DeCelle that his “top-notch experience and strong relationships with industry leaders and government regulators make him an invaluable asset to our clients.”
Arthur J. DeCelle, Marc E. Sorini, Alcohol Regulatory & Distribution
2009
Marc Sorini was quoted in the June 19 issue of Modern Brewery Age Weekly, concerning the legal and regulatory challenges facing the beer industry. “The overarching issue, of course, is the threat of massive excise tax increases, and this is a very real threat at state and federal level,” Mr. Sorini asserted. “Most of the time proponents will cast about in various places for revenue sources, but these are people who want to tax alcohol higher, and they see it in the public interest, so they will keep after it.” The article also noted that Mr. Sorini and McDermott’s Alcohol Beverages & Products have received top national ratings by Chambers and Partners.
Marc E. Sorini, Alcohol Regulatory & Distribution
Marc Sorini was quoted in a March 16 Los Angeles Times story regarding the taxation of flavored malt beverages, which California authorities reclassified as liquor for tax purposes, increasing tax rates. California has collected far less revenue than expected, as manufacturers reformulated their products to qualify as simple beers not subject to the tax increase. Mr. Sorini, attorney for the Flavored Malt Beverage Coalition said, "What happened is exactly what we said was going to happen….We told them over and over again at the hearings that this is what we would do."
Marc E. Sorini, Alcohol Regulatory & Distribution, Excise Taxation - Alcohol Regulatory & Distribution, Labeling - Alcohol Regulatory & Distribution, Product Formulation - Alcohol Regulatory & Distribution
Marc E. Sorini was quoted in the February 5 issue of the Burlington Free Press in an article regarding proposed legislation that would clarify the tax and regulatory status of flavored malt beverages. The article quoted Mr. Sorini's submission to the Department of Liquor Control opposing any change in the current classification of such products.
Marc E. Sorini, Alcohol Regulatory & Distribution, Regulatory Development - Alcohol Regulatory & Distribution, Tax - Alcohol Regulatory & Distribution
2008
Marc E. Sorini was quoted in the December 31 issue of The Sacramento Bee in an article about the impact of a new California tax regulation on flavored malt beverage products. Mr. Sorini represents a coalition of flavored malt beverage manufacturers in a lawsuit challenging California's new tax regulation.
Marc E. Sorini, Alcohol Regulatory & Distribution
Marc E. Sorini was quoted on July 31 by several media outlets in stories regarding his testimony before the Nebraska Liquor Control Board. Mr. Sorini was testifying on behalf of the Flavored Malt Beverage Coalition and in support of a proposed rule to require Nebraska to follow federal alcohol beverage classification standards. His quotes appeared in the Omaha World-Herald and on KHAS-TV and Action 3 News (Nebraska).
Marc E. Sorini, Alcohol Regulatory & Distribution, Regulatory Development - Alcohol Regulatory & Distribution
Marc E. Sorini was featured in the May 23 issue of The Am Law Daily in an interview regarding his role as head of McDermott’s Alcohol Beverages and Products Group. When asked how he found his niche, Mr. Sorini noted, "I decided that general litigation was not right for me. Meanwhile, the craft beer movement was growing rapidly…I thought, 'Wouldn't it be wonderful if I could have these folks as clients and immerse myself in the industry.' I started writing articles for the local brewspapers--the local beer rags--and that gave me the opportunity to actually talk to small brewery owners about their legal issues and get a practical, worms-eye view of the business." To access the full article please click here...
Marc E. Sorini, Alcohol Regulatory & Distribution, Distribution - Alcohol Beverages, Non-Beverage Alcohol, Regulatory Development - Alcohol Regulatory & Distribution, Trial - Alcohol Regulatory & Distribution
Frank Schoneveld and Marc Sorini were quoted in the May 20 issue of Managing Intellectual Property in an article discussing the regulatory issues that alcohol manufacturers and distributors face when importing their product into the European Union and United States. Mr. Sorini said that while many people regard the U.S. as one of the most open economies in the world, when it comes to alcohol, "The regulatory system is more complicated, more expensive and more time consuming than you could have possibly imagined." Mr. Schoneveld advised people not only to register trade marks, but also to look at getting additional protection such as protected designation, traditional specialty guaranteed and, if possible, protected geographical indication.
Frank Schoneveld, Marc E. Sorini, Alcohol Regulatory & Distribution, Brussels, EU Regulatory, Intellectual Property - Alcohol Regulatory & Distribution
2007
Marc Sorini was quoted on August 13-15 in various articles and broadcasts such as the Associated Press, The Los Angeles Times, The Miami Herald, and CBS13 etc. covering a California Board of Equalization vote on the taxation of flavored malt beverage products in an attempt to control underage drinking. Mr. Sorini represents malt beverage producers & distributors in these proceedings, where malt beverages are treated as distilled spirits as opposed to beer. "What we're talking about here...are social policy issues, certainly not something one would expect the tax board to be leading policy-making on. This is something frankly the Legislature out to be doing," Mr. Sorini said.
Marc E. Sorini, Alcohol Regulatory & Distribution, Excise Taxation - Alcohol Regulatory & Distribution, Government Strategies, Regulatory Development - Alcohol Regulatory & Distribution
Marc Sorini was quoted in the January 9 Beverage Daily News on the expected decision in the Costco case. The 9th Circuit Appeals Court is expected to hand down its decision by the end of 2007. Marc Sorini expects the court to uphold the Commerce Clause. Mr. Sorini notes "if you have direct-to-retail privileges in state, you have to allow it out of state." He also notes that elsewhere, retailer lawsuits over direct shipping and face-to-face requirements are "percolating."
Marc E. Sorini, Alcohol Regulatory & Distribution
2006
Marc Sorini was quoted in the December 2006 issues of The Sacramento Bee, The Fresno Bee, and The East Bay Business Times regarding the California Board of Equalization hearing concerning the taxation of flavored malt beverages. Marc appeared at the hearing on behalf of The Flavored Malt Beverage Coalition.
Marc E. Sorini, Alcohol Regulatory & Distribution
Marc Sorini was quoted in the January 2006 issue of Modern Brewery Age in connection with its coverage of a writ petition filed against the California Department of Alcoholic Beverage Control seeking to force that agency to reclassify flavored malt beverages as distilled spirits. Mr. Sorini represented The Flavored Malt Beverage Coalition in those proceedings. The Coalition filed amicus briefs in support of the state in both the California Court of Appeals and the California Supreme Court, and the petition was rejected by both courts.
Marc E. Sorini, Alcohol Regulatory & Distribution
2005
Marc Sorini was quoted in October 2005 in The Salt Lake Tribune and The Deseret Morning News (Salt Lake City) in connection with stories on a hearing concerning Utah's classification of flavored malt beverages. Mr. Sorini appeared on behalf of the Coalition in connection with that hearing, which was called by Utah Attorney General Mark Shurtleff.
Marc E. Sorini, Alcohol Regulatory & Distribution
Marc Sorini was quoted in the July/August 2005 edition of The New Brewer , a magazine for professional brewers. In the article Marc comments on the May 16, 2005, Supreme Court decision that decreed the states of Michigan and New York violated the Commerce Clause of the U.S. Constitution by granting in-state wineries the right to ship their products directly to consumers while denying this privilege to out-of-state wineries. Mr. Sorini's comments focus on how the Supreme Court's decision might affect small brewers.
Marc E. Sorini, Alcohol Regulatory & Distribution
2003
Marc Sorini is a named source in an article on flavored malt beverages published in the Spring 2003 edition of American Brewer. The article relies on Mr. Sorini to explain new federal policies towards the labeling of such products.
Marc E. Sorini, Alcohol Regulatory & Distribution
The March/April 2003 edition of The New Brewer, a magazine for professional brewers, quoted Marc Sorini in article on the legal and economic aspects of direct shipping beer to consumers. Mr. Sorini provided legal background for the article and is quoted on the different economics involved in the direct shipping of beer versus wine.
Marc E. Sorini, Alcohol Regulatory & Distribution
McDermott Will & Emery was mentioned as counsel for Constellation Brands Inc. in its acquisition by BRL Hardy Ltd. as published by Mergerstat Review in February.
Alcohol Regulatory & Distribution, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the January 15 issue of The Deal as legal counsel for Constellation Brands in its then proposed acquisition by BRL Hardy of Australia.
Alcohol Regulatory & Distribution, Mergers & Acquisitions
2002
The December 23, 2002 issue of Forbes quoted Marc Sorini in an article on efforts by the U.S. Bureau of Alcohol, Tobacco and Firearms to change the regulations of flavored malt beverages. Mr. Sorini was quoted as counsel to Diageo, maker of the leading flavored malt beverage, Smirnoff Ice.
Marc E. Sorini, Alcohol Regulatory & Distribution, Food & Beverage
Marc Sorini was quoted by The Tennessean in a July 28 article on the impact of Tennessee's liquor laws on alcohol beverage suppliers and retailers. Discussing a number of pending lawsuits concerning the interstate sale and shipment of wine, Mr. Sorini predicted that "one of the direct-shipping cases is going to the Supreme Court."
Marc E. Sorini, Alcohol Regulatory & Distribution, Distribution - Alcohol Beverages
The July 22 issue of The Tennessean quoted Marc Sorini several times in an article on proceedings concerning the classification of flavored malt beverages under Tennessee's alcohol control laws. Mr. Sorini represents a petitioner in those proceedings, which could radically change the way flavored malt beverages are distributed and sold in Tennessee. In the article, Mr. Sorini explains that Tennessee's reclassification effort makes it unique among the states, and discusses the wholesale and retail interests at stake in the struggle over flavored malt beverage distribution.
Marc E. Sorini, Alcohol Regulatory & Distribution, Distribution - Alcohol Beverages
2001
The October 2001 edition of Alcohol Issues Insights quoted from Mr. Sorini's annual Year in Review speech to the Brewers' Association of America convention.
Marc E. Sorini, Alcohol Regulatory & Distribution
Marc Sorini was quoted as an expert in beverage law in a BusinessWeek Online (March 21) article regarding wine sales via the internet.
