Last Sunday I was delighted to fly to San Francisco and meet with Pepperdine Law School Dean, former Solicitor General of the United States, and Independent Counsel investigator of President Bill Clinton, Ken Starr, to talk about…..wine deregulation!
As a Pepperdine Law graduate myself and fellow Reagan Administration alumni, I had a couple of other reasons to really enjoy our 2 hour meeting, but the main purpose of our discussion had to do 
with a project that is close to Dean Starr’s heart (and also good for it), namely, working to oppose prohibitionist-style laws that still exist in many states that bar the direct shipment of wine to consumers. These regulatory barriers, including barriers to direct purchase and shipment of wine over the internet, exist in large states such as Texas and New Jersey, and are highly discriminatory against smaller family wineries in California that produce high quality products but cannot get access to these states for sales through the outmoted "three tier" (producer, wholesaler, retailer) system. These laws are out of tune with the internet, sales programs of companies like Beverages and More, shipping businesses of Federal Express, DHL, UPS, and the wine appreciation lifestyle that consumers otherwise enjoy in states like California.
Dean Starr works with Tracy Genesen, a partner at the San Francisco office of Kirkland and Ellis, where we met, who is a seasoned trial and appellate attorney. Genesen provides legal guidance to wine industry trade associations on the legal and public policy aspects of direct shipping of wine to consumers, and is counsel to the "Family Winemakers of California" organization. Genesen also serves as Legal Director for the Coalition for Free Trade, which is an organization representing wineries that are affected by state regulatory barriers.
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