The Learned Concierge - February 2026, Vol. 27
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
Why Michigan Matters to The Global Wine Conversation
Once dismissed as unsuitable for fine wine, Michigan has quietly reshaped its vineyard model. After 25 years of research-led change, it is emerging as a serious reference point for cool-climate viticulture. Click here to read more.
Bill Could Change What Counts as Alcohol in Nebraska
Nebraska lawmakers are considering legislation to classify beverages with under 0.5% alcohol by volume as non-alcoholic, while still prohibiting sales to minors, despite no set penalties. The proposal comes as non-alcoholic beverage sales nationwide approach $1 billion. Click here to read more.
Consumer Protection
What is Colorado’s “Junk Fee” Ban? Compliance Checklist for Hotels, Restaurants & Hospitality Businesses (HB 25-1090)
Jason Schwent and Mike Laszlo authored an article, “What is Colorado’s “Junk Fee” Ban? Compliance Checklist for Hotels, Restaurants & Hospitality Businesses (HB 25-1090).”
Colorado hospitality businesses are now subject to House Bill 25-1090, which requires all mandatory, non-avoidable fees to be included in the total price shown to consumers, significantly changing pricing and advertising practices. With the law in effect as of January 1, operators must ensure full compliance to avoid substantial penalties and increased risk of consumer litigation.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – January 2026, Volume 37
DATA PRIVACY RISK ASSESSMENTS (Part 1-3)
Part 1: California Risk Assessments – What You Should Know (and Why It Shouldn’t Be New to You or Your Business)
Jason Schwent and Hannah Donahue authored an article, “California Risk Assessments – What You Should Know (and Why It Shouldn’t Be New to You or Your Business).”
As of Jan. 1st, the California Consumer Protection Act (“CCPA”) and accompanying regulations now require businesses to complete a risk assessment before engaging in certain “high-risk” personal information processing.
Part 2: Navigating the Where, When, and What of Data Privacy Risk Assessments
Jason Schwent and Hannah Donahue authored an article, “Navigating the Where, When, and What of Data Privacy Risk Assessments.”
Privacy risk assessments are now required in several states. Of the 19 U.S. states with comprehensive consumer data privacy laws, all but two mandate that businesses conduct privacy risk assessments when processing consumers’ personal information in ways that could pose a risk to consumers’ privacy.
Part 3: How to Craft a California-Compliant Data Privacy Risk Assessment
Jason Schwent and Hannah Donahue authored an article, “How to Craft a California-Compliant Data Privacy Risk Assessment.”
In this alert, we turn to the central issue: HOW to prepare and structure a privacy risk assessment that meets regulatory expectations while minimizing legal exposure.
AI is Coming for Hotel Distribution – But Not All at Once
Artificial intelligence will transform hotel distribution, while exposing meaningful disagreement over how quickly that transformation will play out. While AI is expected to increasingly mediate how travelers discover and book hotels, adoption will depend on consumer trust, economic incentives, and operational execution across the industry. For hoteliers, the discussion pointed to gradual but structural pressure on traditional OTA commission models, alongside emerging — yet uneven — opportunities to strengthen direct distribution. Click here for the key takeaways.
Food Labeling
Front-of-Package Labelling Requirements Are Now in Effect
As of Jan. 1st, all food labels must fully comply with the front-of-package (FOP) labelling requirements. The Canadian Food Inspection Agency (CFIA) will monitor compliance with the requirement. Click here to read more.
Texas Labeling Law Ruled Unconstitutional
A federal judge ruled Texas law SB664 unconstitutional, blocking its requirement that plant-based and cultivated meat labels use prominent qualifying language. Click here to read more.
Immigration
Global Immigration: 2025 in Review
Lisa Atkins, Alexander Witt, Gregory Jansen, and Josefina Botero authored an article, “Global Immigration: 2025 in Review.”
Clark Hill’s Global Immigration practice supports corporate clients and individuals worldwide with creative, compliant, and people-centered solutions across all aspects of global mobility, from short-term assignments to long-term relocations and business visas in more than 100 countries. In 2025, immigration trends show tighter entry and tracking controls in EMEA, alongside global efforts to modernize systems and accelerate visa processing for skilled workers to address talent shortages and enhance mobility.
Labor & Employment
Paid Family Leave Benefits Just Got More Generous in New Jersey
NJ has had an expansion of its Family Leave Law. It used to apply to companies with 30 or more employees (total), not just those working in NJ. Now, it applies to companies with 15 or more employees, and the employee only has to work 250 hours (instead of 1,000). Paid family leave benefits are available through NJ’s State temporary disability program from payroll deductions. Click here to read more.
Additional States Roll Out Paid Leaves
Delaware now provides up to 12 weeks of job-protected leave and benefits under its Healthy Delaware Families Act. Click here to read more.
Most employers are now subject to Minnesota’s Paid Leave Law, which also provides job-protected leave. Click here to read more.
Employers with 20 or more employees in New Hampshire must now provide 25 hours of unpaid leave for medical care related to childbirth, post-partum care, and infant pediatric care. Click here to read more.
Washington state has updated its Paid Family and Medical Leave extended job-protected leave to employees who have worked at least 180 days for the employer. As of Jan. 1st, the rules apply to employers with 25 or more employees, and in 2027, that number will decrease to 15 employees, and in 2028, it will drop further to 8 employees. Click here to read more.
Colorado has amended its Paid Family and Medical Leave Insurance (FAMLI) program. As of Jan. 1st, parents who have an infant in the neonatal intensive care unit are entitled to an additional 12 weeks of paid FAMLI leave. Click here to read more.
Wage and Hour Enforcement Intensifies in Large Market
State Department of Labor activities have increased their scrutiny of wage and hour issues, especially around overtime, pay frequency, spread-of-hours, and tips and gratuities. Click here to read more.
For example, Uber Eats was ordered to Pay $3.5m to NYC Delivery Workers over minimum wage violations and failure to pay workers for time spent on cancelled trips. Click here to read more. Likewise, Starbucks agreed to pay $38.9 m to settle a New York City investigation over worker scheduling. New York City has a unique law requiring employers to provide predictable and stable schedules. Click here to read more.
Higher Minimum Wages
At least 19 states have raised minimum wages, several raising the rate above $17 per hour. Also, some of these states and some localities as well have imposed new regulations for tipped employees. Employers are reminded to check the latest minimum wage requirements in each state and region where they have workers. Click here to read more.
Labor Costs Predicted to Shrink in 2026
To combat rising supply costs and declining alcoholic beverage sales, industry experts predict that restaurant owners will respond by “aggressively shrinking menus, reducing both mise en place and labor costs,” says David Morgan, VP of Food & Beverage Strategy at Sonesta International Hotels. Click here to read more.
Industry Trends
Explained: The Grocer’s Unofficial Guide to the New HFSS Marketing Rules
It’s a watershed moment for HFSS food and drink advertising, with new rules now in place to restrict the marketing of key foodstuffs. But what do they mean in practice? And how will retailers and manufacturers approach the restrictions? Click here to read more.
How The Gap Between Luxury and Affordability Will Shape Retail in 2026
The continued economic turmoil means that retailers will face a fork in the road in 2026, according to marketing experts. While luxury shoppers remain a strong segment, many consumers will insist on affordability, and retailers will have to wrestle with this gap. Click here to read more.
Data-Powered Hospitality Predictions
Hospitality is leaning into AI to automate some key functions, such as ordering, loyalty apps, reservation platforms, compiling birthday and milestone information, and other preferences. As restaurants and hotels rely on the expanded capabilities, they must carefully consider the legal and operational issues that flow, including the emergence of state privacy laws, disclosure and consent requirements, and even data retention. Hospitality now comes with cybersecurity and risk management avenues not present in the more traditional methods of gathering marketing information.
Ten Predictions for the Hospitality Industry in 2026 and Beyond
At Cayuga Hospitality Consultants’ Annual Conference 2025, industry leaders examined where hospitality is headed and how to prepare for the next era of change. From AI integration and workforce evolution to shifting insurance markets and event space innovation, the conversation revealed a mix of challenges and opportunities. Click here to read more.
This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.