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Holland & Knight Tampa Partner A. Brian Albritton Nominated For U.S. Attorney of the Middle District of Florida

TAMPA – A. Brian Albritton, a litigation partner in the firm's Tampa office, has been nominated by President George W. Bush for U.S. Attorney of the Middle District of Florida. The nomination must be approved by the Senate. Once approved, Albritton will take over for interim U.S. Attorney Robert O'Neill.

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Prominent Group of Private Wealth Attorneys Rejoins Holland & Knight

LOS ANGELES – A prominent group of private wealth lawyers, led by nationally recognized trusts and estates partner Bruce Ross, has rejoined the Los Angeles office of Holland & Knight. In addition to Ross, the group, which had been at the Los Angeles office of Luce Forward, includes lawyers Sean Higgins, Linda Rottman, Vivian Lee Thoreen, Jonathan Park and Tony Yu.

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Articles & White Papers
Alcohol Beverage

Slotting Fees Revisited
 
March 4, 2005
 
Michael Brill Newman - San Francisco

The California Senate Committee on Business and Professions in mid-February held an informational hearing on slotting fees and allowances provided by suppliers to retailers. The Committee is considering restrictive legislation governing slotting fees. Slotting fees are generally legal for businesses except for the alcohol beverage industry. Testimony was given on the alleged abuses of such fees as well as exclusivity agreements and “pay-to-stay” and other forms of access fees. The debate centers on the benefits retailers and consumers can receive by having suppliers share in the costs of getting new products on the shelves versus the anti-competitive effect of such fees. The U.S. Senate and the FTC have held similar hearings in the past without result.

Although it does not specifically address slotting fees, California alcohol beverage law generally prohibits suppliers from furnishing anything of value to retailers. The ABC Department has construed a slotting fee to be a “thing of value.” Similarly, federal alcohol beverage regulations administered by TTB expressly identify slotting fees as a “red light” trade practice and prohibits them because they place the retailer’s independence at risk.

When TTB’s predecessor, ATF, proposed amendments to liberalize its trade practice regulations in the mid-1990’s, slotting fees far and away engendered the greatest amount of debate among the industry tiers, as many retailers sought to keep slotting fees off of the “red light” list. Attempting to legislate restrictions on slotting fees as under consideration by the California Senate is sure to foster another round of debate on this controversial business practice.