Reydel Santos’ Post

After defending about 50 wiretapping claims in the last year, we can say with some confidence that "pen register" claims are the big new theory du jour. Check out Stephanie Sheridan, Matthew P Farrell, and my newest article for Law360 (and let us know if you want to chat about some of the secret sauce defenses we've been noodling!)

As we dive into 2024, the WSTA is gearing up for a critical battle - protecting the industry from damaging alcohol duty increases and costly red tape. With the Spring Budget just around the corner on March 6th, there's a narrow window to make a difference. Read our latest blog from Miles Beale, Chief Executive, on how we can meet the challenges coming our way and help our members get involved. https://lnkd.in/gsaZdbQb #WSTA #WineAndSpirits #Springbudget

As if we needed further reasons for this campaign, today saw inflation *rise* - and it’s self-inflicted. This time last year alcohol inflation was 3.5%. We told the HM Treasury that its plans for the duty system would push up inflation. Now alcohol inflation is almost 3 times the rate a year ago: - spirits up 8.9% - wine up 7.8% and - fortified wine up a massive 18.7% These increases are driven by the Government’s new alcohol excise duty regime (introduced on 1 August 2023) and are fuelling UK inflation. This was a political choice. If Jeremy Hunt and Rishi Sunak are serious about taking measures to cutting inflation the simple answer is to cut alcohol excise duty at the next Budget. That’s why Wine and Spirit Trade Association and its members will be campaigning for a cut at #budget2024 on 6 March. Office of National Statistics Financial Times BBC BBC Newsnight CBI The Labour Party Liberal Democrats

South Carolina Legislator used against direct shipping. This is a bit of a long read, but their are so many missing facts in the press release by the WSWA that it took a lot to counter their rhetoric and show the lack of transparency given the contributions made to the legislator in this case. I believe a second article is warranted as well about the miscommunication related to the skyrocketing level of adulterated products in the US (zero evidence of this), greater access to minors (real data tells the opposite story), and the ongoing misstatement of actual evidence from around the country. #dtc #selfdistribution #regulation #realdata #legislation #spiritsindustry #spiritsbusiness #distilledspirits Distilled Spirits Council of the United States American Craft Spirits Association (ACSA)American Distilling Institute Spirits United@spir

Make no bones about it-- as lawyers, we strive to be prepared for whatever daily tasks we face so we're not winging it doing our job. The only exception to "winging it" may be found in this Ohio Supreme Court case about bones in wings--boneless wings to be precise. As an aside, sometimes the fact patterns we deal with in law can be quite...memorable. In this case, Ohio's top court was tasked with examining consumers' expectations about "boneless wings." Specifically, what happens when a restaurant-served boneless wing contains a bone that causes an injury? Read this article to find out... https://lnkd.in/enasdrEN

In Hausfeld’s Spring Competition Bulletin, Irving Scher and Farhad Mirzadeh explore how loyalty discounts can be considered de facto exclusive dealing arrangements in violation of the antitrust laws. The article highlights a common distribution practice – loyalty discounts – which have received little scrutiny from the courts. But in a notable decision by the Middle District for North Carolina, the court ruled in a case brought by the FTC and multiple states that in circumstances where distributors control substantial market share, loyalty discounts can be considered exclusive dealing arrangements and rendered unlawful under the antitrust laws.    To read more: https://bit.ly/3wGoA2k Sign up to receive the next edition of the Competition Bulletin here: https://bit.ly/46dyYuE   #Hausfeld #CompetitionBulletin #Competition #Antitrust 

Did you purchase Kirkland Flushable Wipes between July 1, 2011, and May 31, 2017? You might be eligible for compensation from a $2 million settlement. Discover how you can claim up to $55.90 and learn more about this class action lawsuit. #Costco #ClassAction #ConsumerRights #FlushableWipes

First Rule of Marketing: Don't be Boring. We used to have FUN with our fast food. Now we have lame concrete boxes that look like food prisons. This is ridiculous. Stop letting your brand dilute into lukewarm gray matter! The only people who like this crap are the out-of-touch accountants who think it's great way to save money (Pro Tip: it's not) Don't do this to your customers. Don't do this to your brand. Don't do this to the world. That is all. #BadMarketing #RetailDesign #CorporateSwill

Section 45 Proceedings, a Change in the Ownership of the Mark and Special Circumstances The impact of the special circumstances exception in section 45 proceedings where there has been a change in the ownership of the mark has again been the subject of proceedings in the Federal Court https://lnkd.in/g2aPUbkh #trademarks #section 45

🌟 Exciting News from North Carolina! 🌟 Back in 2018, Durham Distillery | Conniption Gin became the first manufacturer of ready-to-drink cocktails in the state. Being the first to market is usually a win, right? Well, not without challenges! Presenting the very first canned cocktail to the NC ABC commission involved tackling several hurdles: 🍹 ABV questions ("Why 8%?") 🍹 Shelf placement ("Where will these go in ABC stores?") 🍹 Pricing concerns ("How to price and scan a 4-pack?") 🍹 The toughest: taxation structure. Despite these challenges, our RTDs burst onto the scene, becoming the first competitors to Truly and White Claw in North Carolina. Yes, they had to be sold in ABC stores, but they paved the way as the first distilled spirits-based canned cocktails in the state. Unfortunately, the taxation structure was what held the category back. When you can't sell a product line to the on-premise channel due to high costs (in NC, we can't sell spirits wholesale, and bars and restaurants pay more for our product than consumers do), it limits its potential. A 4-pack of our Gin & Tonic canned cocktails retails at $15.95 in ABC stores. However, for bars and restaurants, their current price is $23.05 (or $5.76 per can). The feasibility of getting hotels, beach restaurants, pool bars, golf courses, and sports arenas to carry our RTDs went sideways. This bill was just signed six years, to the exact month, after our RTDs launched. It finally changes that taxation structure and hopefully this category has a much better path forward in North Carolina. Of course, we're no longer the only RTD on the market, but it's progress. In another six years, maybe spirit-based RTDs could be sold in grocery stores? I kid. I kid. #Innovation #FirstToMarket #DurhamDistillery #ConniptionGin #RTDcocktails #NCspirits #CheersToChange #readytodrink #cannedcocktails