As the newly crowned NCAA basketball national champions make their media rounds, you might think that NIL is just about athletes getting paid to play. But NIL is a legal concept that encompasses an individual's right of publicity and allows all individuals, not just student-athletes, to control and profit from the commercial use of their identity NIL, short for Name, Image, and Likeness, has grown far beyond endorsement deals for athletes. It’s about the core pieces of your identity: your name, your face, your voice, and the ways you present yourself to the world. In a digital world where anyone can build an audience (or be impersonated by AI), those things have real value for everyone. On March 26, 2026, the U.S. Patent and Trademark Office (USPTO) launched a new resource page that centralizes guidance on navigating name, image, and likeness in connection with trademarks and related intellectual property issues. This is a helpful first stop for understanding how branding an

On February 20, 2026, in a victory for American beer, wine, and spirits importers, the Supreme Court in Learning Resources, Inc. v. Trump, 607 US ____, Slip Op., February 20, 2026 (“Learning Resources”) struck down President Trump’s imposition of tariffs under the International Emergency Economic Powers Act (“IEEPA”). The Trump administration had used IEEPA to justify certain tariffs imposed on imported goods from various countries in 2025, including beer, wine and spirits. Despite the decision in the importers’ favor, no one is popping the Champagne quite yet. First, while the Court’s opinion invalidated the Trump administration’s IEEPA tariffs, it has no effect on the administrations’ ability to rely on other statutes to impose tariffs. Second, on the same day that the Supreme Court issued its decision, the President issued a proclamation imposing a 10% worldwide tariff under a different federal law (discussed in more detail belo

This blog post summarizes the process by which licensed wineries can obtain local government approval for events in Napa County held pursuant to their California Department of Alcoholic Beverage Control (“ABC”) Type 93 Estate Tasting Permit. As discussed in our prior post, last year Governor Newsom signed into law AB720, granting California wineries that hold an ABC Type 02 winery license the ability to host events, up to 36 times per year, where they exercise tasting room privileges for wine manufactured by or for the winery on either: (1) property adjacent to the licensed premises or (2) a nonadjacent vineyard provided that such property or vineyard is owned by or under the control of the winery. (Cal. Bus. Prof. Code 23399.03.) Neither ABC nor Napa County have provided guidance as to what degree or proof of “control” is required. Under AB 720, these new Type 93 estate tasting events are also subject to local land use controls that can “restrict, but no

With the expected continuing market correction of the alcohol beverage industry to consumer demand, wine producers are preparing for potential bankruptcies or shuttering of trade purchaser businesses at the distribution and retail levels. This article explores how alcohol beverage producers should prepare for trade disruption caused by bankruptcies. Bankruptcy is governed by federal law, and bankruptcy cases are exclusively handled in federal bankruptcy courts. When a business files for bankruptcy, its creditors (including suppliers with unpaid invoices) face significant uncertainty as to their ability to get paid. Alcohol beverage producers should be aware of three key issues that will impact their contracting relationships and products in the market in the context of the bankruptcy of a distributor or retailer: (1) the effect of an automatic stay; (2) the potential for recouping certain inventory; and (3) the potential of having certain payments received from the entity filing for b

Alcohol beverage importers may finally get their answer from the United States Supreme Court this week on the validity of the Trump Administration’s tariffs issued pursuant to the International Emergency Economic Powers Act (IEEPA).[1] Recent news reports suggest that the Court’s answer may come as early as this Friday, when the Court is scheduled to issue opinions on pending cases. Based on the questions posed by both liberal and conservative justices during oral argument, many commentators expect the Court to conclude that the president exceeded his authority by invoking IEEPA to issue those tariffs.   There are, however, a lot of open questions beyond just the validity of the tariffs. Most importantly, if the Court finds the tariffs are invalid, will importers that have already paid the tariffs be entitled to refunds and what will the process be for getting those refunds. Questions also remain as to whether the case will be remanded to a lower court to determine the

POSTED BY  Theresa Barton Cray As we near the close of a challenging year for the alcohol beverage industry, suppliers are understandably looking for creative marketing campaigns to boost sales. Unfortunately, given the highly regulated world of alcohol beverage marketing, creative marketing ideas can sometimes hit the proverbial brick wall of regulatory restrictions. All is not lost, however, and there is still room for creativity provided suppliers work within the parameters of alcohol beverage regulations. To start, below are some common pitfalls that suppliers should avoid when marketing their alcoholic beverages in California and elsewhere. Retailer Partnerships Suppliers should closely examine any new marketing programs that involve or mention licensed alcohol beverage retailers. Partnerships with, or sponsorships of, retailers are in most cases going to run afoul of the tied-house laws in California, and in most other states, which prohibit suppliers from giving (directly

Napa, CA (December 2, 2025) – Dickenson Peatman & Fogarty (DP&F) is pleased to announce the election of Melissa Granillo, a member of DP&F’s Litigation group, to the firm’s partnership. Melissa is an experienced litigator who has represented businesses and individuals in a wide variety of general litigation matters such as contract disputes, trust and estates litigation, and real property law. She has also handled a broad array of matters for DP&F’s wine industry clients, including matters pertaining to grape purchase, alternating proprietorship, production, custom crush and distributorships, as well as smoke taint claims and collections. Partner David Balter, who leads the firm’s Litigation Group, shared, “Melissa is an accomplished litigator who has had enormous success obtaining favorable results on behalf of clients over the last fifteen-plus years of her practice. Guided by her character and integrity, Melissa approaches every ma

DP&F partner Jennifer E. Douglas, and employment law attorney Angela A. Nelson, will be presenting two 2026 Employment Law Update webinars this winter, sharing updates for California employers on December 11th, 2025 and January 13th, 2026. Each session will feature a legal update for changes to employment law in 2026, including updates to employer pay data requirements, minimum wage increases, tip theft laws and new stay-or-pay contracts. Jennifer and Angela will also address ongoing employment law requirements that continue to cause employers difficulty. There are two dates to choose from, one on Thursday, December 11th, and one on Tuesday, January 13th. The topics covered will be the same for both sessions, and registration links are below. Webinar Registration December 11, 2025   |   January 13, 2026

DP&F partner Jennifer E. Douglas, and employment law attorney Angela A. Nelson, will be presenting 2026 Employment Law Updates, sharing updates for California employers on December 11th, 2025 and January 13th, 2026. Each session will feature a legal update for changes to employment law in 2026, including updates to employer pay data requirements, minimum wage increases, tip theft laws and new stay-or-pay contracts. Jennifer and Angela will also address ongoing employment law requirements that continue to cause employers difficulty. There are two dates to choose from, one on Thursday, December 11th, and one on Tuesday, January 13th. The topics covered will be the same for both sessions, and registration links are below. Webinar Registration December 11, 2025 |   January 13, 2026

DP&F partner Jennifer E. Douglas, and employment law attorney Angela A. Nelson, will be presenting 2026 Employment Law Updates, sharing updates for California employers on December 11th, 2025 and January 13th, 2026. Each session will feature a legal update for changes to employment law in 2026, including updates to employer pay data requirements, minimum wage increases, tip theft laws and new stay-or-pay contracts. Jennifer and Angela will also address ongoing employment law requirements that continue to cause employers difficulty. There are two dates to choose from, one on Thursday, December 11th, and one on Tuesday, January 13th. The topics covered will be the same for both sessions, and registration links are below. Webinar Registration December 11, 2025 |   January 13, 2026