“Now, look, I’m a proud capitalist...I know America can’t succeed unless American business succeeds.
“But let me be very clear: Capitalism without competition isn’t capitalism; it’s exploitation. Without healthy competition, big players can change and charge whatever they want and treat you however they want. And for too many Americans, that means accepting a bad deal for things that can’t go — you can’t go without.”
President Joseph R. Biden, Jr. speaking at the White House on July 9, 2021
Last Friday, President Biden, with great fanfare, signed an executive order that defines his vision for our economy moving forward into the second decade of the 21st Century. The first two decades brought fundamental expectancies in a terrorist attack, a financial melt-down, never-ending wars, and a global pandemic not seen for a century. The change in direction of the American economy roadmaped in the executive order will be as striking as the afore events but will be a forward-looking industrial policy. This executive order and the Biden/Harris Administration’s infrastructure plan, if successfully implemented, will reimagine the “American Dream” for decades and serve as the lasting face of the United States in the global economy.
Or, is it a pipedream?
Read MoreBy Rebecca Stamey-White and Jeff Carroll
In our previous posts in this series, we covered the original regulatory frameworks for alcohol marketplaces (Part 1), the compounded sales tax complexities with the addition of marketplace facilitator laws (Part 2), the flow of funds considerations for marketplaces (Part 3), and age verification and enforcement issues (Part 4). Now we’ll look at what the future may bring for this important segment of the industry.
Read MoreAs the economy revives from the COVID-19 lockdowns, we expect privacy law regulatory enforcement to return to the pre-COVID-19 pace.
The privacy regulations affect all businesses, including the alcoholic beverage industry, and are “strict liability” laws. “Strict liability” means the business will be automatically “guilty” if found non-compliant. There is no “grace period” to rectify the claimed violation nor to offer any defense if non-compliant. Even more problematic, besides enforcement by government, these statutes also allow private parties to “enforce the law” by filing private complaints for claimed violations. These private complaints (the lawyers are referred to as “bounty hunters”) typically lead to significant monetary settlements. The settlement agreements include payment of the plaintiff’s attorney fees, a significant liability of its own (often larger than the fines from violation of the regulations).
Read MoreBy Rebecca Stamey-White and Jeff Carroll
Only businesses holding a license to sell alcohol at retail can sell alcohol to consumers. That simple fact complicates matters for unlicensed entities such as online marketplaces, delivery apps, and delivery services that would like to create or enhance platforms to facilitate alcohol sales. Marketplace platform providers, alcohol licensees, and alcohol and tax regulatory agencies all have different goals and concerns when it comes to the sale of beverage alcohol products.
Read MoreBy Rebecca Stamey-White and Jeff Carroll
Only businesses holding a license to sell alcohol at retail can sell alcohol to consumers. That simple fact complicates matters for unlicensed entities such as online marketplaces, delivery apps, and delivery services that would like to create or enhance platforms to facilitate alcohol sales. Marketplace platform providers, alcohol licensees, and alcohol and tax regulatory agencies all have different goals and concerns when it comes to the sale of beverage alcohol products.
Read More
