Giants v. Padres, Giants v. Marlins

Greetings to all of our friends who love the two-time World Champion SF Giants! The G-Men are now 35 and 31, 1.5 games back in 2nd place

It’s a time of year during which we are still trying to figure out this team.  Yes the Giants are playing .530 ball (below the .570 they need to assure taking the division) but the entire NL West is struggling. Being a game and half back at this time of year is not a cause for serious concern or panic.  We won’t have a good handle on this division until the All-Star break at the earliest, and maybe not even then. One day it’s a struggle and the Giants are being shut out and the next day they are blowing out the best team in baseball.  All we can do is watch and hope that there are no more injuries.

The Pirates series was a microcosm of the season.  Two bad losses (one with 20 runs scored in the game by both teams) and then a 10-0 blow out before heading out to Atlanta.  If the Giants win today they will finish this particular road trip at .500 or above; that’s pretty sweet against the teams they have played (2 out of 3 from the Snakes, 1 of 3 from the Pirates and so far 1 and 0 from the Braves).

The Positives

The offense is the best that we’ve seen from the Giants since the early 2001 and 2002 teams of Jeff Kent and Barry Bonds.  They are toggling between the best and second best batting average and the most runs scored in the NL.  That hasn’t even been affected by the rash of injuries (see below), which is awesome.  The defense is tightening up (we may have the 4 best defensive fielders in baseball, between Torres, Blanco, Pence and now Perez – they cover a lot of ground) and Brandon Crawford is beginning to look like a lock as an All-Star shortstop (besides hitting at a current .294 clip with power). Buster Posey is once again looking like the league MVP, batting .313 with 8 dingers (and yesterday’s three doubles) and looking like Carleton Fisk behind the plate. Hunter Pence has played in every game, is batting .299 and has 11 home runs. These guys are for real.

On the pitching side Cain and Bumgarner have righted the ship and have had back to back shut out games (against the Pirates and the Braves) and we haven’t seen much of Romo because the G-Men have either been so far ahead, or so far behind, that he hasn’t been needed. Gaudin is pitching today against the Braves, and so far he is solid as he has been in his first two starts since taking over for Vogelsong after he went on the DL with a broken hand. There has been a lot of movement up and down from Fresno and it’s been effective; Perez for Pagan, Abreu for Scutaro and a succession of catchers. On the good news side Casilla is looking he might be back next week. He’s needed with Kontos being ineffective and being sent down to Fresno. On top of that when Kontos does come up he has to serve a 3 game suspension for plunking Andrew McCutcheon in the Pirates series.

Can something be both a positive and a negative?  Case in point is Barry Zito, with a 1.78 ERA at home and a 10.94 ERA on the road.  It’s too bad that it can’t be arranged so that Zito only pitches at AT&T.

The Negatives

The injuries that are piling up. Scutaro and Vogelsong out with hand injuries, Pagan with a hamstring that won’t heal and the Panda (overweight by 70 pounds) with a bad foot. Pablo is due back for the Padres series and Scutaro might also be back. Pagan remains a question mark.

We are all wondering if Scutaro will pull a Ronnie Lott and just cut off his little finger that has a bad tendon (it’s called mallet finger – Lott had the same thing before the 1985 playoffs and just cut off his finger so he could continue to play).

The Giants are rumored to be in the market for a starting pitcher because they need Gaudin in the bullpen, and Lincecum continues to be ineffective (and might be demoted to the bullpen himself). Leading the pack of speculation is Bud Norris from the Astros, Ricky Nolasco from the Marlins and Mark Buehrle from the Blue Jays. The G-Men don’t want a rental and each of those three guys are under control of their club for at least the next two years.

The Series to come

The Padres are in 4th place and with the injuries to the Rockies (Tulowitski being on the DL with a broken rib being the worst – he’s out for six weeks at least) they are expected to move up and challenge the Giants.  The Padres are 33 and 34, 2 and half games behind the G-Men so this series could very much result in a major NL West shift. The Friars have historically owned the Giants. This will be an important set of games.

The Marlins, on the other hand, are in last place in the NL East 18 and half games out.  If Nolasco is pitching watch to see how well he does at AT&T.  This will be a tryout. Can the G-Men take the Marlins?  Don’t be too sure.  The Giants have a bad history against last place teams (look at what happened against the Blue Jays in Toronto – they got pounded and then got pounded again at home).

  1. RESPONSIBLE BEVERAGE SERVICE ACT PROPOSED ABC RULES 160 TO 173 – WHY THE RUSH?
  2. The TTB Crusade Against Small Producers and the “Consignment Sale” Business Model
  3. TTB Protocols, Procedures, and Investigations
  4. Wine in a 250 ML can – the Mystery of the TTB packaging Regulations and Solving the Problem by Amending the Regulations
  5. The Passing of John Manfreda of the TTB: a Tragedy for his family and a Tragedy for the Industry he so Faithfully Served for so Long.
  6. Pride in a Job Well-done, or Blood Money? The Cost of Learning the Truth from the TTB about the Benefits to Investigators from Making Cases Against Industry Members
  7. How ADA Website Compliance Works – The Steps You Can Take to Protect Yourself, Your Website and Your Social Media from Liability
  8. Supplier and Distributor Promotional “Banks,” Third Party Promotion Companies and Inconsistent TTB Enforcement, Oh My!
  9. “A Wrong Without a Remedy – Not in My America” – The TTB Death Penalty for Not Reporting Deaths
  10. Is a 1935 Alcohol Beverage Federal Trade Practice Law Stifling Innovation?
  11. Decoding the BCC’s Guidance on Commercial Cannabis Activity.
  12. Prop 65 - Escaping a "Notice of Violation"
  13. TTB Consignment Sales Investigations - What is Behind the Curtain of the TTB Press Releases?
  14. Heads Up! The ABC Is Stepping Up Enforcement Against Licensees Located Near Universities
  15. Coming Soon: New Mandatory Training Requirements for over One Million “Alcohol Servers” In California – September 1, 2021 will be here quickly
  16. 2019 Legislative Changes for California Alcohol Producers – a Blessing or a Curse?
  17. A Picture (On Instagram) Is Worth A Thousand Words
  18. Playing by the Rules: California Cannabis Final Regulations Takeaways
  19. Hinman & Carmichael LLP Names Erin Kelleher Partner and Welcomes Gillian Garrett and Tsion “Sunshine” Lencho to the Firm
  20. Congress Makes History and Changes the CBD Game for Good
  21. Pernicious Practices (stuff we see that will get folks in trouble!) Today’s Rant – Bill & Hold
  22. CBD: An Exciting New Fall Schedule… or Not?
  23. MISSISSIPPI RISING - A VICTORY FOR LEGAL RETAILER TO CONSUMER SALES, AND PASSAGE OF TITLE UNDER THE UNIFORM COMMERCIAL CODE
  24. California ABC's Cannabis Advisory - Not Just for Stoners
  25. NEW CALIFORNIA WARNINGS FOR ALCOHOLIC BEVERAGES AND CANNABIS PRODUCTS TAKE EFFECT AUGUST 30, 2018, NOW INCLUDING ADDENDUM REGARDING 2014 CONSENT AGREEMENT PARTIES AND PARTICIPANTS
  26. National Conference of State Liquor Administrators – The Alcohol Industry gathers in Hawaii to figure out how to enforce the US “Highly Archaic Regulatory Scheme.”
  27. Founder John Hinman Honored with the Raphael House Community Impact Award
  28. ROUTE TO MARKET AND MARKETING RESTRICTIONS - NAVIGATING REGULATORY SYSTEM CONSTRAINTS
  29. Alcohol and Cannabis Ventures: Top 5 Legal Considerations
  30. ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
  31. STRIKE 3 - YOU REALLY ARE OUT! THE ABC'S STRICT APPLICATION OF PENALTIES FOR SALES TO MINORS
  32. TTB Temporarily Fixes Problem with Fulfillment Warehouse Tax Credits - an “Alternate Procedure” for Paying Taxes & Reporting
  33. CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
  34. The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
  35. ‘Twas the week before New Year’s and the ABC is out in Force – Alerts for the Last Week of 2017, including the Limits on Free Rides
  36. Big Bottles, Caviar and a CA Wine Strong Silent Auction for the Holidays!
  37. The FDA and the Wine and Spirits Industry – Surprise inspections anyone?
  38. NORTHERN CALIFORNIA WILDFIRES: UPDATED REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
  39. NORTHERN CALIFORNIA WILDFIRES: REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
  40. Soon to come to your Local Supermarket– Instant Redeemable Coupons of the digital age!
  41. The License Piggyback Dilemma – If it Sounds Too Good to be True, it Probably is
  42. A timely message from our Florida colleagues on the tied house laws, the three-tier system and the need for reform
  43. ABC Declaratory Rulings – A Modest Proposal Whose Time has Come
  44. More on FDA Inspections - Breweries, Distilleries and Questions
  45. WHY THE FDA IS INSPECTING WINERIES
  46. Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees
  47. ABC Enforcement - Trends and Predictions
  48. The Corruption Chronicles – Volume One: A New Hope
  49. New Alcohol Delivery Oversight on the Horizon
  50. Michigan: Canary in the DtC Coal Mine?
  51. California ABC and Federal Credit Laws – Active Enforcement and Lots of Questions!
  52. Big Bottles For The Holidays - The Highest Calling Of The Winemaker's Art
  53. FINAL COMMENTS TO TTB NOTICE 160 DUE ON WEDNESDAY DECEMBER 7TH – WE ARE ASKING THE TTB TO EXTEND THE COMMENT PERIOD AGAIN TO ALLOW FOR INDUSTRY NEGOTIATION AND ALIGNMENT OF INTERESTS
  54. SONOMA COUNTY WINERY USE PERMITS, EVENT RESTICTIONS AND DTC
  55. New TTB Labeling Requirement Regulations: Out-of-State Bottling Is Not Created Equal and Consumers Right to Know Where the Grapes in their Wine Come from is Compromised
  56. Isn't A Written Agreement With A Distributor Worthless In A Franchise State?
  57. Crowd Funding for Alcohol Producers and Retailers – Down the Rabbit Hole with the Tied House laws
  58. Everything you ever wanted to know about the BPA Warning Statement but were afraid to ask
  59. AB 2082 - A Hunting License for Police and a Lethal Weapon for Politicians that Deprives Licensees of Currently Available Due Process Rights
  60. “Better Late Than Never”-- Judge in Illinois Dismisses 201 Sales Tax Cases against Retailers
  61. The Day the Music Almost Died: The Story of the BottleRock ABC Accusations, the ABC Appeals Board and a Victory for a Common Sense Interpretation of the Tied House Laws
  62. The Arsenic in Wine Class Action Dismissal – what it means
  63. Counterfeit or Artisanal Mexican Spirits? Pick your Poison, or your lime wedge
  64. Warning - CA ABC enforcement teams are on the prowl this weekend!
  65. RELIEF AT LAST! ILLINOIS MOVES TO FIX THE SALES TAX LAWSUITS AGAINST OUT-OF-STATE SELLERS BUT PROPOSES TO PENALIZE WINERIES AND RETAILERS THAT SHIP WITHOUT PERMITS
  66. The TTB Speaks on Category Management or, be Careful What you Ask for Because you might Get it!
  67. Hinman & Carmichael LLP Announces the Addition of Jeremy Siegel to its team of top beverage law lawyers
  68. 2016 LEGISLATIVE UPDATES: Part IV
  69. 2016 LEGISLATIVE UPDATES: Part III
  70. 2016 LEGISLATIVE UPDATES: Part II
  71. 2016 LEGISLATIVE UPDATES: Part I
  72. Hinman & Carmichael LLP is Hiring!
  73. John Hinman Presents NBI Webinar on Basics of Alcohol Beverage Law
  74. ABC DISMISSES SAVE MART GRAPE ESCAPE ACCUSATION BUT REFUSES TO ADOPT JUDGE’S DECISION FINDING NO STRICT LIABILITY FOR ABC VIOLATIONS
  75. Speakeasies are still with us, and proliferating!
  76. The War for the Soul of Sonoma County – the Winery Working Group Battle
  77. Santa Claus isn’t the only one coming to town this Christmas!
  78. Arizona's Direct to Consumer Shipping Rules - An Exercise in Complexity
  79. AB 780 - Social Media and the ABC: The California Legislative “Fix” that Fails
  80. Illinois Finally Offers Certainty and Relief for Victims of Sales Tax Lawsuits, but Prompt Action is Required in Pending Cases
  81. A Modest Proposal – Adopt the federal rule on Tied-House liability in California
  82. The Grapes Escaped - Why the First Amendment Matters
  83. Appellate Court Ruling Strikes Blow Against State’s Arbitrary Beer Label Ban
  84. Illinois Attorney General's Office Announces Intention to Dismiss False Claims Act Against Liquor Retailers
  85. Commercial Speech And Alcoholic Beverages - Part III
  86. Commercial Speech And Alcoholic Beverages - Part II
  87. Craft Beverages: Social Media Marketing the Effective and Compliant Way
  88. Commercial Speech And Alcoholic Beverages - Part I
  89. A LAYPERSON LOOKS AT ARSENIC IN WINE
  90. The Biggest Retailer in the World vs. the TABC
  91. Rebecca Stamey-White presents Emerging Issues in Wine Law
  92. Top Beverage Alcohol Law Firm Adds and Elevates Partners
  93. Illinois Qui Tam Lawsuits—Private Enforcement Of a State Claim: A Bonanza For A Plaintiff’s Lawyer And A Rip-Off Of Retailers
  94. BOOZE RULES OF SOCIAL MEDIA: The Retailer Right to Pay Exception
  95. LIONS AND TIGERS AND TWEETS, OH MY!
  96. AB 2004: Brewer's Incremental Parity with Wine Makers
  97. Expanding, Proud Of It, and Wanting to Tell the World
  98. DC Weighs in Strongly on Third Party Marketer Delivery Services
  99. “Visual Links” between Beer, Wine and Spirits Labels and Retailers Ruled Unlawful in California — the tied house laws run amok
  100. Hard Cider Legislative Update