UPDATE: Live broadcast of Mississippi wine shipping case oral argument moved to January 15 at 1:30 p.m. CST

Yes, all apologies to those of you hoping to tune in yesterday to the interstate wine shipping case oral arguments in front of Mississippi’s Supreme Court. They’ve been moved to January 15, 2020 at 1:30 p.m.

You can tune in then to watch the parties debate the merits of allowing the Uniform Commercial Code to control the place and terms of sale for online wine commerce.

The oral arguments in this wine shipping case can be viewed live on the Mississippi Supreme Court’s website at https://courts.ms.gov/appellatecourts/sc/scoa.php 

For those looking for our take and the briefs in this wine shipping matter you can find them in our posts here, and here

As alluded to above, the questions here revolve around the applicability of the contracting scheme undertaken by some online alcohol retailers where in an online agreement, the party purchasing in another state agrees that the sale and title transfer at the retailer’s location and then the retailer is appointed an agent to ship the wine/spirits/beer to the customer.

So the argument from the online retailer is “hey, I’m just an agent for this lady so she is really shipping her wine to … herself.

Again, if this holds water, then why wouldn’t the Wayfair decision go by the wayside with many retailers choosing to just set up in states where no sales tax is charged, and have similar contractual arrangements arguing that in the end, they’re just doing the same by shipping and selling purchases to online customers for the customers, thereby not only avoiding other states’ sales tax, but also avoiding it all together.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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