The Learned Concierge - April 2026, Vol. 29
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Alcohol Law
A New Chicago Liquor Tax on Alcohol Sold in Stores Now in Effect. Here’s How It Works
Chicago has implemented a new 1.5% tax on alcohol sold for off-premises consumption, replacing the previous per-gallon tax for retail stores. The tax, delayed by two months to allow retailers time to adjust, will be added automatically at checkout, while on-site alcohol sales at bars and restaurants continue to follow the per-gallon system. This aligns Chicago with other Illinois communities that already levy taxes on retail alcohol sales, supplementing existing state-level liquor taxes. Click here to read more.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – March 2026, Volume 39
MS Copilot Bug Allowed Reading of Confidential Emails
Microsoft acknowledged that a bug in Microsoft 365 Copilot caused the AI assistant to summarize confidential emails, even when those messages had sensitivity labels and data loss prevention (DLP) policies meant to block such access. The issue, tracked under service advisory CW1226324 and first detected on January 21, affected the Copilot “Work tab” chat feature by incorrectly processing emails in users’ Sent Items and Drafts folders. Microsoft attributed the problem to a code error and began rolling out a fix in early February but hasn’t fully disclosed how many organizations were affected or when remediation will be complete. The company said that although only users already authorized to view the content could see it, the behavior did not align with the intended data protection controls, and it continues to monitor the fix’s deployment. The bug is a reminder that the use of powerful AI software, even with controls in place, can still create liability and should be carefully considered. Click here to read more.
US Gov’t’s CISA Being Gutted, Reports Lawmakers
The Cybersecurity and Infrastructure Security Agency has lost roughly one-third of its workforce and shuttered entire divisions in the first year of a second Trump term, leaving lawmakers and industry leaders across the political spectrum warning that the agency is unprepared for major cyber crises. This decline stems from staffing cuts, diminished capabilities, and the absence of a Senate-confirmed leader, with Acting Director Madhu Gottumukkala facing criticism for his stewardship. Observers report that organizations previously reliant on CISA are now seeking alternatives, such as private consultants or industry alliances, due to weakened federal coordination. While some express cautious optimism about potential recovery, many experts say the agency’s capacity to coordinate cybersecurity efforts and respond to threats has been significantly undermined. Click here to read more.
Fifth Circuit Strikes Down FCC Robocall Consent Rule
The Fifth Circuit Court of Appeals recently struck down a longstanding FCC rule requiring express consent prior to being subject to automated robocalls. In the appeal, Radley Bradford challenged the district court’s grant of summary judgment to Sovereign Pest Control, arguing the company’s pre-recorded calls to his cell phone violated a federal statute (TCPA) and lacked “prior express consent.” The Fifth Circuit agreed with the district court that Bradford had provided prior express consent by providing his cell number when entering into a pest-control service plan and by later scheduling and renewing services following such calls. The panel rejected Bradford’s contention that the calls constituted telemarketing requiring written consent, holding instead that the TCPA does not distinguish between telemarketing and informational calls for purposes of consent. Because Bradford had provided the necessary prior express consent, the court affirmed the summary judgment in favor of Sovereign Pest Control. Click here to read more.
ESG & Sustainability
ESG & Sustainability in 2026: Twists, Turns, and Trends
Maram Salaheldin authored an article, “ESG & Sustainability in 2026: Twists, Turns, and Trends.”
In 2026, the ESG and sustainability landscape remains dynamic and uneven across global jurisdictions. Companies continue to face fragmented regulatory requirements and uncertainty around the scope and timing of new obligations. While some regions are rolling back ESG‑related rules, others are accelerating regulation and enforcement, creating a challenging mix of expectations for businesses to navigate. Against this backdrop, Clark Hill’s ESG & Sustainability team is closely monitoring five key legal issues that are expected to shape corporate ESG strategy in 2026 and beyond.
Food & Beverage
Deal on Measures to Reinforce Farmers’ Position in the Food Supply Chain
EU lawmakers have reached a provisional deal aimed at strengthening farmers’ position in the food supply chain. The agreement focuses on ensuring fair pricing that reflects real production costs, boosting the role and bargaining power of producer organisations, and clarifying rules for labelling and marketing—especially around terms like “fair,” “short supply chain,” and “meat.” It also introduces new protections for livestock farmers by reserving meat‑related terms for animal‑derived products. Additional measures support the dairy sector through mandatory written contracts. The package now awaits formal approval by Parliament and Council before taking effect. Click here to read more.
Food Labeling
Plant-Based Naming Dispute: How the EU’s New Rules Could Disrupt Food Marketing
EU negotiators have agreed to ban 31 meat‑related terms—such as “chicken,” “beef,” “pork,” “steak,” and “liver”—from use on plant‑based products, a move expected to trigger major rebranding, packaging changes, and higher compliance costs across the sector. While familiar format‑based names like “burger,” “sausage,” and “nuggets” will remain allowed, the new restrictions raise significant questions around enforcement, translation across EU languages, hybrid products, and future novel foods like cultivated meat. Industry groups warn of substantial business disruption, particularly for SMEs, even as the plant‑based market continues to grow. The regulation is now heading toward formal adoption, and companies are urged to begin assessing the naming and marketing impacts. Click here to read more.
Immigration
Global Immigration – Monthly Recap
Click here to read the monthly overview of immigration policies across the globe.
International Trade
UK-EU SPS Agreement – Legislation in Scope
To cut red tape and reduce costs for importing and exporting with the EU, the UK will align with EU Sanitary and Phytosanitary (SPS) legislation; food and feed safety; and broader nutrition-related areas such as food supplements, fortified foods, food for specific groups, nutrition and health claims, and nutrition labeling. It will also adopt broader agrifood rules related to food labeling, organics, key agri-food marketing standards, and compositional standards, as well as regulations on pesticides and biocides.
We currently view the following EU legislation — and any related EU rules made under it — as in scope of the agreement. Businesses may need to take action to comply with these requirements. Click here to read what this means for particular sectors.
Labor & Employment
Sixth Circuit: Sexual‑Harassment Claims Keep Entire Lawsuit in Court, Limiting Employer Arbitration Programs
The US Court of Appeals for the Sixth Circuit ruled that when a worker brings a sexual harassment claim, they can keep their entire lawsuit in court rather than being forced to arbitrate parts of it behind closed doors. Bruce v Adams and Reese, LLP (Feb. 25th). Employers who maintain arbitration programs are wise to review them and consider these limitations in continuing or revising the program. Click here to read more.
New York City Adds Greater Protection for Gig Workers
While not changing the classification of the gig worker from independent contractor to employee, New York City has added employee-like protections for gig workers. Newly amended laws require that companies pay delivery workers a guaranteed minimum pay floor, have pay transparency, tip protection, and other workplace rights. The laws also provide regulatory oversight by the NYC Division of Consumer and Worker Protection For example, NYC Local Law 113 mandates payment of compensation and gratuities within 7 days and workers must receive written compensation statements itemizing pay, tips and any deductions/allowances taken. Local Law requires that existing minimum pay be extended to grocery delivery platforms as well. Worker rights differ based on the type of worker (delivery apps, restaurant, or grocery store). Delivery Worker Laws: FAQs – DCWP
New York City Gets Aggressive on Enforcing Fair Workweek Laws
New York City has continued to target fast-food and retail establishments for violations of the Fair Workweek Laws. NYC’s Department of Consumer and Worker Protection announced enforcement of Fair Workweek Laws is a top priority. Enforcement actions resulted in restitution of $1.8 m to workers at Taco Bell, Dunkin’, and Theory. More Than 760 Fast Food & Retail Workers To Receive $1.8 Million In Settlements For Their Employers ‘Violating New York City’s Fair Workweek Law’ – WNY Labor Today: Your On-Line Labor Newspaper, Bringing You Labor News From Across The Nation, New York State & Western New York
Cities with laws similar to NYC include: Chicago, Seattle, San Francisco and Oregon (statewide)
EEOC Focuses on Retail and Hospitality Employers Duty to Protect Minor Workers
In confirming a settlement of sex harassment claims against young workers, Kenneth Bird, an EEOC Regional Attorney said restaurant industry employers have a particular duty to protect young workers and act promptly and decisively in the event that they receive sexual harassment complaints. The settlement included monetary awards and annual sex harassment and assault training in a consent decree. Taco Bell operators settle claims that harasser’s conduct went unchecked for months | Restaurant Dive
Immigration Uncertainty Impacts Hospitality Staffing
Hospitality is a sector that is reliant on immigration for labor, especially in back-of-house and overnight roles. Increased enforcement by ICE has created chaos and employers are well served by establishing policies and procedures to handling ICE visits and self-audits of I-9 records. Employers relying upon H-1 B visas face increasing costs from the $100,000 fee for new petitions and potential wage rate increases. ‘Fear’ and ‘chaos’ threaten employers’ 2026 immigration plans | Restaurant Dive
Rise in Registered Apprenticeship and Employer-Sponsored Training
The US Department of Labor and the National Restaurant Association Educational Foundation highlighted continued growth of registered apprenticeship programs as an alternative workforce pipeline. Such programs offer paid training, retention incentives, and leadership development opportunities. (7) Restaurant & Hospitality Leadership Newsletter | March 2026 | LinkedIn
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