Client Conversations With Bernard Hiller (Video)

This month’s headline FTC action was the announcement that the FTC and 22 states sued Amazon over deceptive advertising practices. But the FTC has also kept its sights trained on protecting cash-strapped consumers. The FTC announced settlements involving empty credit-repair promises, bill payment platforms masquerading as official payment channels, and tacked-on fees at used car dealerships.

On September 10, 2026, Governor Newsom signed SB 1119, known as Adam’s Law, substantially expanding California’s requirements for companion chatbots when used by children.

On June 9, 2026, a New York law that requires companies to ​“conspicuously disclose” when their ads include any ​“synthetic performer” took effect. Yesterday, California passed a similar law. Although the two laws share a similar goal, California’s law contains several notable differences.

Highway Contract Route carriers and brokers operating in the USPS surface transportation network face critical legal developments in 2026, including the Supreme Court's Montgomery v. Caribe decision eliminating federal preemption for negligent-selection claims and the ongoing nuclear verdict crisis with jury awards exceeding $10 million. These developments demand heightened attention to compliance, documentation, and risk management strategies to protect against significant liability exposure in today's tru

The FCC's Media Bureau has opened a public comment period on a challenge to its guidance regarding lowest unit charge requirements for political advertising, reigniting a contentious debate that has already seen intervention from both the Fourth Circuit Court of Appeals and the U.S. Supreme Court. Democratic congressional candidates are contesting the Bureau's interpretation of LUC rules for joint fundraising committees and coordinated advertisements, with comments due by late September 2026.

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...

Revenue sharing and NIL issues have transformed college athletics into complex business operations, prompting questions about whether traditional single-department structures remain optimal. Could Disney's multi-subsidiary model offer a blueprint for universities to manage revenue-generating sports separately while supporting Olympic programs through specialized entities?

On July 22, 2026, the Federal Communications Commission (FCC or Commission) adopted a Third Report and Order and Third Further Notice of Proposed Rulemaking (covered separately here) in which the Commission advances its ongoing efforts to secure the U.S.

Artificial intelligence may live in the cloud, but the underlying infrastructure that makes it possible for AI to perform is decidedly physical—and increasingly power hungry.

The International Chamber of Commerce has released an updated Framework for Responsible Alcohol Marketing Communications, providing enhanced guidance on marketing to minors, influencer responsibilities, and alcohol-free brand extensions. The 2026 edition emphasizes marketer accountability for ensuring compliance across the entire marketing ecosystem, including third-party endorsers and influencers.

Venezuela's post-Maduro reopening is creating unprecedented opportunities for foreign investors across energy, mining, telecommunications, and infrastructure sectors. With expanding OFAC sanctions relief, landmark legislative reforms, and major US companies nearing multibillion-dollar deals, the country presents investment prospects not seen in a generation—though success requires disciplined navigation of corruption, security, and regulatory risks.

The SEC is proposing to substantively overhaul the securities transfer agent regulatory framework, which has largely remained unchanged since the paperwork-based system of the mid-1970s.

Ireland offers a sophisticated regulatory framework for Alternative Investment Funds, with structures ranging from ICAVs and Investment Limited Partnerships to Unit Trusts and Common Contractual Funds. The jurisdiction provides flexible options for both retail and institutional investors, with distinct regulatory pathways for RIAIFs, QIAIFs, and ELTIFs, each designed to accommodate different investment strategies and liquidity profiles while maintaining robust investor protections.

This issue examines pivotal developments in carbon markets and climate policy, including California, Québec, and Washington's historic carbon market linkage agreement, the Trump Administration's use of Defense Production...

On 9 September 2026, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act.1 The supplemental proposal builds on the agencies’ November 2025 proposed rule and responds to the Supreme Court’s 2023 decision in Sackett v. EPA, which significantly narrowed the scope of waters subject to federal jurisdiction under the Clean Water Act and established a new framework for determining which waters fall within that jurisdiction.

Australia's mandatory merger control regime undergoes significant refinement through new legislation that addresses practical challenges businesses have faced since its 2026 introduction. The amendments fundamentally reshape how control and associate relationships are assessed, what happens when acquisitions aren't properly notified, and how parties can manage completion timelines for approved mergers.

The Australian Government has unveiled its Financial Innovation Strategy, introducing a new Financial Innovation Committee and overhauling the Enhanced Regulatory Sandbox framework to better support emerging businesses testing innovative financial products. The strategy encompasses reforms across consumer data rights, digital assets, tokenised infrastructure, and regulatory frameworks designed to position Australia as a leader in financial innovation.

The Endangered Species Act protects threatened and endangered species, but what actions cross the line into prohibited "harm"? This analysis examines the legal boundaries of harm under the ESA and explores how courts and regulators interpret this critical term when balancing conservation with human activities.

The SEC has proposed rescinding its 2010 pay-to-play rule that restricted political contributions by investment advisers and their employees to government officials. After nearly sixteen years of enforcement, the Commission now characterizes the rule as having "significant unintended consequences" with draconian penalties for minor violations, proposing instead to rely on existing antifraud provisions to address pay-to-play practices.

A federal court has issued the first ruling on the constitutionality of state extended producer responsibility laws, upholding Oregon's Plastic Pollution and Recycling Modernization Act against industry challenges. The decision addresses critical questions about whether EPR programs violate the Commerce Clause and Due Process protections, with implications for similar legislation in California, Colorado, and other states. Companies subject to Oregon's EPR regulations must continue complying with registratio