Our Team

 
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Marc Sorini

Marc Sorini has more than twenty-five years of experience advising alcohol beverage producers and importers. Since his retirement from conventional law firm practice, he has focused his time representing small U.S. craft brewers as General Counsel of the Brewers Association. But he remains available to consult with select clients that require an advisor who can combine a deep understanding of the industry’s business practices with an unparalleled knowledge of alcohol law and policy. His CV follows:

EDUCATION

JD Georgetown University Law Center May 1994

Graduated Magna Cum Laude

Notes Editor, The Georgetown Law Journal

BA Lehigh University, History June 1988

Graduated with Honors

Minored in International Relations

HONORS AND AWARDS

This highlights only the most notable honors and awards. Further detail available upon request.

Chambers USA, Star Individual Annual, 2008-2020

Highest ranking recognized for individual lawyers by the prestigious international Chambers legal guides; Marc is the only alcohol beverage lawyer recognized as a “star,” and the practice he led was recognized as “Tier 1 – National” (the highest ranking for a practice) from 2007 onward.

The Best Lawyers in America, Food and Beverage Law Annual, 2011-2020

Annually recognized by the U.S.-based Best Lawyers guide (affiliated with U.S. News & World Report) as one of the best food and beverage lawyers practicing in Washington, DC. Named “Lawyer of the Year” for Food and Beverage Law in 2015 and 2018.

F.X. Matt Defense of the Industry Award 2004 & 2005

Winner of The Brewers Association’s award given to one individual each year for his/her tireless and outspoken advocacy for craft brewers’ interests.

Acritas Star 2018-2020

Client-nominated as a stand-out lawyer in his/her field. All recommendations are anonymous and used to compile a worldwide list of preferred lawyers for use by in-house counsel.

The National Law Review, NLR Go-To Thought Leader 2019

A prestigious award given to a select group of attorneys whose legal writing has helped shape his/her area of practice.

Consumer Staples Deal of the Year 2019

An award for my team’s role in the Merger of Dogfish Head Brewery with the Boston Beer Company.

Client Choice Award for Excellence in Service 2017 & 2018

As nominated and voted on by clients.

Law360, MVP of the Year 2014 & 2015

Recognized as the most influential attorney in food and beverage law by popular on-line legal publication Law360.

LEGAL EXPERIENCE

General Counsel, The Brewers Association, Boulder Colorado 2020-present

  • The Brewers Association is the national trade association for U.S. small, independent breweries. It boasts over 5,000 members spread out over the United States, with members in every state.

Partner, McDermott Will & Emery LLP, Washington, DC 2000-2019

• McDermott is a top-tier international law firm with nineteen offices in the U.S. and Europe, plus a strategic partnership firm in China. See www.mwe.com

• Leader of the firm’s Alcohol Regulatory & Distribution practice since 2005

Associate, McDermott Will & Emery LLP, Washington, DC 1999

Associate, Ropes & Gray, Washington, DC 1996-1999

Associate, Sutherland, Asbill & Brennan, Washington, DC 1995-1996

Law Clerk, The Honorable Susan H. Black 1994-1995

• United States Court of Appeals for the Eleventh Circuit

LEGAL EXPERTISE

This section briefly highlights areas of particular legal focus. Additional information available on request.

Alcohol Distribution

• Advise on strategies for imports and exports, three-tier distribution, self-distribution, and direct-to-consumer models

• Prepare and negotiate agreements for U.S. importation, distribution through wholesalers, and brokerage arrangements

• Assist litigators with distributor litigation

• Counsel on state “franchise” and other distribution laws

Labeling and Advertising

• Review product labels for compliance with TTB and Food & Drug Administration (“FDA”) regulations

• Advise on the federal and state false advertising implications of labeling and advertising claims and campaigns

• Counsel on compliance with industry “voluntary” marketing codes

• Represent companies in court and administrative proceedings related to product labeling and advertising, including COLA proceedings, false advertising actions, and Federal Trade Commission (“FTC”) investigations

Trade Practices

• Advise on marketing programs’ compliance with federal and state trade practice (tied-house, etc.) laws

• Represent companies in TTB and state investigations arising from alleged violations of trade practice laws

Excise Taxation

• Formulate and implement tax mitigation strategies through product formulation, movement in-bond, and other techniques

• Represent companies in excise tax enforcement matters following TTB and Customs & Border Protection audits and investigations

Mergers and Acquisitions

• Advise on deal structuring to avoid tied-house violations, negative excise tax consequences, delays due to alcohol regulatory hurdles, and other potential deal roadblocks

• Conduct distribution and alcohol regulatory due diligence for buyers and sellers

• Amend deal documents to address alcohol-specific issues and risks

Legislative Support

• Prepare proposed federal and state legislation

• Analyze proposed legislative language and advise on its implications

• Testify before legislative bodies in connection with alcohol beverage issues

Regulatory Development

• Draft petitions for rulemaking action and comments on rulemaking proposals by federal and state agencies

• Analyze proposed regulatory language and advise on its implications

Trade Association Counseling

• Monitor communications and counsel trade association clients on the antitrust implications of collective activities

• Represent associations in policy making initiatives with federal and state legislative and administrative bodies

Legal Subject Matter of Particular Expertise

• The Federal Alcohol Administration Act and its regulations

• Chapter 51 of the Internal Revenue Code, and its regulations

• State alcohol beverage codes and regulations generally

• The dormant Commerce Clause

• The commercial speech doctrine of the First Amendment

• The Twenty-first Amendment

THOUGHT LEADERSHIP ON ALCOHOL LAW

The following briefly highlights my frequent writing on alcohol law issues. More specifics available on request.

Regular Contributor To

Artisan Spirit Magazine – A professional publication aimed at craft distillers.

The New Brewer – The Brewers Association magazine for professional brewers.

Former Editor of and Frequent Contributor To

Alcohol Law Advisor – The alcohol and cannabis law blog of McDermott Will & Emery.

Select Other Publications

Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision, IP Litigator, Vol. 23, No. 6 (Nov./Dec. 2017).

The Case for a Small Supplier Exception to the Beer Franchise Laws, Modern Brewery Age, Vol. 40, No. 4 (Jan. 25, 1999).

European Union Should Resist French-Style Alcohol Ad Restrictions, Washington Legal Foundation Legal Backgrounder, Vol. 13, No.3 (Jan. 23, 1998).

Factual Malice: Rediscovering the Seventh Amendment in Public Person Libel Cases, 82 Geo. L.J. 563 (1993). This paper won the Edward Allen Tamm Award for the best student “note” by a Georgetown law student that year.

Media Mentions

Quoted by major media outlets including The Wall Street Journal, The Washington Post, The Boston Globe, The Denver Post, and others.

Frequently quoted in industry trade publications such as Beer Business Daily and Beer Marketer’s Insights.

SPEAKING ENGAGEMENTS

Conference Co-Chair

CLE International’s Wine, Beer & Spirits Law Seminar – Co-Chair (since 2005) of the most attended and popular private continuing legal education seminar on wine, beer and spirits law. Speaker at the conference every year since 1999.

Annual Talks

The Craft Brewers Conference – Annual talk at the CBC starting in 1998, with a Legal Year in Review theme since the early 2000s.

CiderCon – Annual talk on a variety of subjects at the conference of the U.S. Association of Cider Makers since 2012.

Other Talks at

Beer Business Daily Summit – Beer Business Daily is one of the two leading beer industry trade publications.

Beer Marketer’s Insights Symposium – Beer Marketer’s Insights is one of the two leading beer industry trade publications.

National Association of Beverage Control Administrators (“NABCA”) Legal Symposium – NABCA is the trade association for “control’ state regulators.

National Conference of State Liquor Administrators (“NCLSA”) Conferences (National and Regional) – NCSLA is the trade association for “open” state regulators.

myLawCLE – Presented Alcohol Law 101 continuing legal education course.

PROFESSIONAL AFFILIATIONS

State Bar Memberships

District of Columbia

Georgia

Federal Court Bar Memberships

District of the District of Columbia

U.S. Courts of Appeal for the Third, Fourth, Fifth, Sixth, and Eleventh Circuits

OTHER

Marc lives in Rockville, Maryland with the light of his life, Patti Ray Sorini, who he married in 1992. They have four children: (1) Rylinn (b. 1994), (2) Maya (b. 1995), Skyler (b. 1999), and Bryson (b. 2002).

Marc is an Elder with Rockville Presbyterian Church and has served the Church as a Session (Board) member, a Trustee, a Pastor Nominating Committee member, and as a frequent volunteer with the Church’s children and youth. Marc also volunteers at Rainbow Place, a homeless shelter for women hosted by the Church.

Marc’s current passions include NFL football (watching), ultimate disc (playing), home brewing, and playing board games.