Alva C Mather

November 16, 2018 | The Legal Intelligencer

On Sept. 27, the U.S. Supreme Court granted certiorari in the matter Byrd v. Tennessee Wine and Spirits Retailers Association setting up the next major round of constitutional challenges based on the interplay between states' rights to regulate alcohol within their borders pursuant to the 21st Amendment and the commerce clause's restrictions on states' power to discriminate against interstate commerce.

By Alva C. Mather

7 minute read

August 14, 2018 | The Legal Intelligencer

Over the past several years, a new category of alcoholic beverage has emerged known as “hard seltzer.”

By Alva C. Mather

7 minute read

March 15, 2018 | The Legal Intelligencer

In a recent article, the New York Times featured the role craft brewery expansion is having on reviving formerly downtrodden commercial districts and bringing a new wave of tourism into states through locally focused trails and tours.

By Alva C. Mather

7 minute read

November 21, 2017 | The Legal Intelligencer

Following a trend for food and beverage manufacturers generally, beer manufacturers have seen an increasing number of class action lawsuits filed against them under state false labeling and consumer fraud statutes.

By Alva C. Mather

9 minute read

August 18, 2017 | The Legal Intelligencer

In a highly anticipated ruling that maintains the status quo for alcohol beverage laws across the country, the U.S. Court of Appeals for the Ninth Circuit in Retail Digital Network v. Prieto, 861 F.3d 839 (9th Cir. 2017), recently determined that California's interest in preventing the undue influence of manufacturers over retailers was sufficient to trump First Amendment commercial speech challenges. In so ­holding, the court maintained longstanding precedent supporting the government's right to restrict advertising by alcohol suppliers, directly or indirectly, at the retailer outlets carrying their products, in contrast to business as usual for other nonalcohol brand owners.

By Alva C. Mather

7 minute read

November 21, 2016 | The Legal Intelligencer

The Pennsylvania General Assembly has once again taken up the Herculean task of modernizing the ­commonwealth's Liquor Code. While this summer's Act 39 was focused on wine, Act 166, which Gov. Tom Wolf signed into law on Nov. 15, zeroes in on beer. Like Act 39, Act 166 brings the promise of more convenience and choice to Pennsylvania's alcohol consumers as well as many new business opportunities both inside and outside the commonwealth.

By Alva C. Mather

13 minute read

August 12, 2016 | The Legal Intelligencer

On Aug. 8, the first major overhaul of the commonwealth's Liquor Code since the end of Prohibition went into effect. Act 39 of 2016 (and its companion Act 85 of 2016) represent a ­modernization of many aspects of the preexisting Liquor Code.

By Alva C. Mather

14 minute read

May 16, 2016 | The Legal Intelligencer

With eBay's recent announcement that it is officially partnering with the retailer network platform Drync, the company joins an ever-growing group of industry startups as well as certain key online retailers focused on the shipment and delivery of alcoholic beverages directly to consumers. However, like everything related to the regulation of alcohol, the ability to directly ship alcohol varies widely by state as well as by ­product. In Pennsylvania, this is particularly true as market participants try to straddle the differences in the rules and regulations regarding beer, which is left largely to the private market, as compared to wine and spirits, which are controlled by the state. While restrictions remain, the Pennsylvania Liquor Control Board in recent years has developed guidance for the public as well as new market entrants on the contours of obtaining delivery licenses for beer, wine and spirits in the commonwealth.

By Alva C. Mather

13 minute read

February 29, 2016 | The Legal Intelligencer

On Feb. 16, the Supreme Court of Pennsylvania granted an allowance of appeal in Malt Beverage Distributors Association v. Pennsylvania Liquor Control Board, No. 648 MAL 2015, to consider whether, under certain circumstances, alcohol and gasoline could be sold at the same general location. Specifically, the Supreme Court granted the appeal to determine three questions: (1) "Can a single store sell both gasoline and beer without violating the Liquor Code?"; (2) "Section 404 of the Liquor Code prohibits the transfer of a liquor license to a location where the sale of liquid fuels or oil is conducted; what is a location?"; and (3) "Section 468(a)(3) of the Liquor Code prohibits the transfer of a liquor license to any place, or property upon which is located as a business the sale of liquid fuels and oil; what is a place or property?" How the Supreme Court rules could fundamentally alter the availability of alcohol at or near to gas stations across the state.

By Alva C. Mather

6 minute read

January 12, 2016 | The Legal Intelligencer

In an effort to be more inclusive, Harvard University now asks incoming freshmen to check off their pronoun of choice during the initial course registration process: he, she, ze, e or they.

By Dina Leytes and Alva C. Mather

8 minute read