Makers' Mark Two: Bourbon Distiller Slips Another "Handmade" False Advertising Suit

C-PACE lending has become an important and fast-growing sub-specialty in our hotel finance capabilities. We work with C-PACE providers/lenders and borrowers.

In a fax lawsuit involving allegations against AT&T Mobility LLC and AT&T Mobility National Accounts LLC ("AT&T") for violation of the Telephone Consumer Protection Act ("TCPA"),

The Citizens Broadband Radio Service, also known as CBRS, has drawn little media attention compared to 5G cellular, but it is starting to get some traction with carriers, ISPs, and enterprise customers.

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.

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.

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.

The Federal Communications Commission has adopted sweeping new restrictions targeting equipment containing components from entities on its Covered List, fundamentally reshaping how manufacturers, online marketplaces, and equipment modifiers must approach FCC compliance. These rules establish unprecedented prohibitions on logic-bearing hardware components, impose strict display requirements for e-commerce platforms, and clarify when existing authorizations can support equipment modifications.

The Federal Communications Commission has unanimously approved sweeping changes to its Telephone Consumer Protection Act consent revocation rules, fundamentally altering how businesses must handle consumer opt-out requests for calls and texts. These new regulations replace the controversial 2024 "revoke all" rule with more flexible options that allow companies to designate exclusive opt-out methods while distinguishing between marketing and informational messages.

Affordability remains front and center at the FTC. This month, the agency turned its attention to healthcare and gas costs. It also issued detailed guidance on price transparency for auto dealers that marketers in any industry might want to heed: the advertised price “must be the actual price that any consumer can walk in and pay,” with only government fees excluded. The FTC continues to consider how to combat scams and is seeking public comment on whether online platforms should help stop scammers who use those platforms to impersonate third parties by, for example, requiring the removal of confirmed impersonation scam ads.

California's new Senate Bill 574 introduces statutory duties for attorneys using generative AI, including mandatory citation verification and court disclosure requirements starting January 1, 2027. The law raises critical questions about how these obligations extend to AI-assisted eDiscovery review and document summarization that feed into court filings.

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).

The CFTC has proposed classifying event contracts as swaps while excluding traditional casino-style gambling products, directly responding to ongoing federal-state disputes over prediction markets and sports betting jurisdiction. These regulatory actions seek to clarify the agency's authority over event contracts amid conflicting appellate court decisions and pending Supreme Court review.

California employers face a new wave of workplace legislation covering artificial intelligence oversight, expanded leave rights, enhanced privacy protections, and increased penalties for violations. From mandatory human supervision of AI-driven employment decisions to anti-hate-speech training requirements, these laws reshape compliance obligations across multiple domains.

The U.S. Department of Labor's Wage and Hour Division has withdrawn its controversial proposal to remove nine parts of longstanding Fair Labor Standards Act interpretive guidance from the Code of Federal Regulations. What does this reversal mean for employers who have relied on these decades-old interpretations, and how does the Supreme Court's Loper Bright decision reshape the legal weight of agency guidance going forward?

Medicare Advantage faces unprecedented regulatory scrutiny as federal agencies deploy aggressive audit strategies, Congress investigates alleged fraud schemes, and courts challenge CMS's authority over payment structures.

In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India.

The European Parliament's Committee on Economic and Monetary Affairs has adopted its position on the Sustainable Finance Disclosure Regulation reform, establishing key divergences with the European Commission and Council on professional investor exemptions and fossil fuel investment criteria. With trilogue negotiations set to begin in October 2026, private markets managers face critical decisions about how to position their funds under the new three-category framework expected to take effect in early 2029.

Recent California and federal court decisions address critical employment law issues including the extraterritorial application of California labor statutes, mass joinder in workplace harassment cases...

New York has enacted legislation granting private and public sector employees unprecedented access to their personnel records, including the right to review, dispute, and potentially correct negative information that could impact their employment status. The law, which takes effect in November 2026, establishes strict timelines for employer notification and record access while providing enforcement mechanisms through the State Attorney General.

New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.