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Every once in a while competing alcohol brands get into a dispute over advertising that turns into a useful lesson about how far “first” claims can go before they become actionable false advertising. We have been following one of those fights for a few years now: the dispute between Victory Global, LLC, doing business as Brough Brothers Distillery, and Fresh Bourbon, LLC, over competing claims tied to being Kentucky’s first African American-owned bourbon distillery.

We wrote about the case in 2023 when the Eastern District of Kentucky held that TTB label approval does not preclude Lanham Act false advertising claims.
Continue Reading Sixth Circuit Affirms Dismissal in Kentucky Bourbon “First Black-Owned Distillery” Fight — and the Lanham Act Lesson Is a Good One

Watch retailer direct-shipping litigation long enough and you start to recognize the rhythm.

Out-of-state wine retailer sues. Consumer plaintiff says he wants bottles he cannot get locally. State says three-tier system. Wholesalers say accountability, inspection, tax collection, underage drinking, orderly markets, and the unquestionable legitimacy of the distribution model. Court nods solemnly. Tennessee Wine gets quoted. Granholm gets distinguished. And the challenger loses.

Not this time.

In Block v. Canepa, the Sixth Circuit held that Ohio’s ban on direct-to-consumer wine shipments by out-of-state retailers, while allowing in-state retailers to ship wine to Ohio consumers, violates the dormant Commerce Clause.
Continue Reading The Sixth Circuit Finally Lets the Retailer DTC Plaintiffs Win — But Block v. Canepa Is Not the End of the Three-Tier System

Contracts Every Illinois Business Owner Should Have in Place is an important topic for entrepreneurs, small business owners, family-owned companies, and growing businesses throughout Central Illinois. Whether you operate in Springfield, Decatur, Champaign, Bloomington, Mattoon, Effingham, Shelbyville, or another Illinois community, strong written contracts can help clarify expectations, reduce misunderstandings, and provide a framework for handling issues before they become costly disputes.
Contracts do not prevent every problem, and they cannot guarantee a particular outcome. However, they can help business owners document important terms, define responsibilities, and protect the business as it grows. For many Illinois businesses, having the right…
Continue Reading Contracts Every Illinois Business Owner Should Have in Place

Starting an Agribusiness in Illinois: Legal and Business Planning Guide is an important topic for farmers, landowners, food producers, and rural entrepreneurs who want to turn an agricultural idea into a sustainable business. Whether you are launching a farm-based business, expanding an existing operation, selling value-added products, or forming a family-owned agribusiness in Central Illinois, careful legal and business planning can help reduce risk and create a stronger foundation for growth.
Illinois has a strong agricultural economy, and Central Illinois communities such as Springfield, Decatur, Champaign, Bloomington, Shelbyville, Mattoon, Effingham, and surrounding rural areas continue to support farming, food production,…
Continue Reading Starting an Agribusiness in Illinois: Legal and Business Planning Guide

A bar called “The Barber Shop” should not need a barber license.

That ought to be the easy part.

And yet, in Osteria Segreto, LLC v. Hilgers, a Nebraska federal court denied a preliminary injunction sought by an Omaha cocktail bar that wanted to keep using the name “The Barber Shop Blackstone,” barber-pole imagery, and barber-themed décor without obtaining a barber-shop license. The plaintiff, Osteria Segreto, LLC, formerly operated as “an Italian speakeasy” and rebranded as “a barber shop themed bar.” The business was approved by the Nebraska Secretary of State to use the trade name “The Barber Shop…
Continue Reading A Barber Pole, A Cocktail Bar, and a Bad First Amendment Result: Why the Osteria Segreto Decision Gets The Barber Shop Blackstone Wrong

Do You Need an Operating Agreement in Illinois? What Business Owners Should Know is a common question for entrepreneurs forming a limited liability company. While Illinois law does not require an LLC to have a written operating agreement, having one in place can play an important role in clarifying expectations, documenting how the business will operate, and reducing the risk of disputes as the company grows.
What Is an Operating Agreement
An operating agreement is a legal document that outlines how an LLC will be owned, managed, and operated. It typically addresses ownership percentages, management structure, voting rights, and how…
Continue Reading Do You Need an Operating Agreement in Illinois? What Business Owners Should Know

Ag Law in the News: Key Federal and Illinois Agricultural Law Updates for 2026 highlights important legal and regulatory developments impacting farmers, landowners, agribusinesses, and rural communities. This article is based on a recent publication authored by Sam Ellis of Rincker Law, PLLC, with Cari B. Rincker serving as editor in the Illinois State Bar Association Agricultural Law Newsletter.
Agricultural law continues to evolve quickly, and 2026 is shaping up to be a year of meaningful change. From federal pesticide regulation to environmental rulemaking and Illinois-specific initiatives, these developments have real implications for how agricultural businesses operate, plan, and protect…
Continue Reading Ag Law in the News: Key Federal and Illinois Agricultural Law Updates for 2026

Rural Law Practice in the News: Addressing Legal Deserts and Expanding Access to Justice in 2026 highlights critical developments shaping the future of legal services in rural communities. This article is based on a recent publication authored by Sam Ellis of Rincker Law, PLLC, with Cari B. Rincker serving as co-editor in the Illinois State Bar Association Rural Practice Newsletter.
Across Illinois and the United States, policymakers, courts, and bar associations are increasingly focused on one pressing issue: the growing gap in access to legal services in rural communities. These areas, often referred to as “legal deserts,” face significant shortages…
Continue Reading Rural Law Practice in the News: Addressing Legal Deserts and Expanding Access to Justice in 2026

Estate Planning Isn’t Just About Documents—It’s About People

Most people think estate planning ends once the paperwork is signed. In reality, one of the most important steps happens after your documents are in place: talking to your family.
A family estate planning meeting is a guided conversation where you explain your wishes, outline expectations, and help your loved ones understand what to expect in the future. These meetings are not about money alone—and they are certainly not just for wealthy families.
At Rincker Law, we often see how a simple conversation today can prevent confusion, tension, or disputes tomorrow.

Why

…
Continue Reading Family Estate Planning Meetings Made Simple

What to Include in a Business Partnership Agreement in Illinois is an important topic for anyone starting or operating a business with one or more partners. While Illinois law does not require a written partnership agreement in every case, relying on informal understandings can create uncertainty over time. A well-drafted partnership agreement can help define expectations, reduce the risk of disputes, and provide a framework for handling changes as the business evolves.
What Is a Business Partnership Agreement
A partnership agreement is a legal document that outlines how a business partnership will operate. It defines the rights and responsibilities of…
Continue Reading What to Include in a Business Partnership Agreement in Illinois

Every data incident in 2026 produces the same playbook. A plaintiffs’ firm files a class action. The complaint pleads breach of contract. It pleads invasion of privacy. It pleads a federal statutory claim. And, almost always, it pleads negligence.
The negligence count usually says some version of the same thing. The defendant owed a duty to safeguard the plaintiff’s personal information, the defendant breached that duty by allowing the data to be exposed or transmitted, and the plaintiff suffered damages including diminished data value, anxiety, lost time, and lost benefit of the bargain.
Illinois law has a problem with this…
Continue Reading Illinois Has No Common Law “Duty to Safeguard Data,” and the Moorman Doctrine Closes the Door on Most Negligence Damages

A new wave of class action lawsuits is sweeping into the Northern District of Illinois. The defendants are not telecom companies. They are healthcare practices, retailers, fintech companies, telehealth platforms, employers running candidate portals, and any business with a website that uses analytics or advertising tools.
The legal theory is the same in almost every case. The plaintiff alleges that a tracking pixel, often the Meta pixel, the TikTok pixel, or the Google tag, captured information the user typed into the defendant’s website and quietly transmitted that information to a third party advertising platform. The plaintiff then alleges that this…
Continue Reading When Your Own Website Becomes the “Wiretap”: Defending Illinois Businesses Against Pixel Tracking Class Actions Under the Federal Wiretap Act

If you operate a healthcare practice, a telehealth platform, a behavioral health clinic, a fertility center, an addiction treatment facility, a dental or optometry chain, or any consumer facing business that handles sensitive information online, you have probably heard about the new generation of class action lawsuits over tracking pixels.
The lawsuits target businesses that embed third party tools like the Meta pixel, the TikTok pixel, or Google Analytics on their websites. The complaints allege that the tools captured information about a user’s interactions and transmitted that information to advertising platforms without consent.
In most of these cases, the defendant…
Continue Reading The Tracking Pixel Lawsuit Wave Hits Illinois: Why the “Crime or Tort” Exception Argument Is Splitting the Federal Courts

Raising Stewards, Not Just Beneficiaries: Preparing Your Family for Inheritance

Inheritance Is About More Than Money
When families think about estate planning, the focus is often on what will be passed down. Just as important, however, is how the next generation is prepared to receive it.
At Rincker Law, we often talk with clients who want their children or heirs to handle an inheritance responsibly. That goal starts with shifting the conversation from entitlement to stewardship—helping loved ones understand that inheritance carries responsibility, not just benefits.

What Does It Mean to Be a “Steward”?

A steward is someone who is

…
Continue Reading Preparing Children for Inheritance

Every alcohol licensee knows the knock.

A liquor investigator, police officer, excise agent, revenue agent, or local enforcement official walks into the licensed premises and asks to inspect records, walk the warehouse, look behind the bar, review invoices, pull POS data, examine delivery logs, ask for employee records, look at surveillance video, or open the back office.

Most bars, restaurants, retailers, distributors, breweries, wineries, and distilleries assume the same thing: we hold a state liquor license, so the state can search whatever it wants.

Not so fast.

In Generis Entertainment, LLC v. Donley, a federal court in Michigan just…
Continue Reading The Fourth Amendment Walks Into a Bar: Federal Court Says Michigan’s Warrantless Liquor Inspection Law Is Unconstitutional. Your State’s May Be as Well

Just like the federal protection of consumers from robocalls, violations of the no call list, and unwanted faxes, the CAN-SPAM Act is designed to protect your email from unwanted or fraudulent communications and assesses penalties on those who abuse email. If you are using email commercially or for marketing, some of the rules to follow to avoid civil suits and penalties include:

  • Do not use false header lines or subject descriptions.
  • Disclose if the communication is an advertisement.
  • Disclose a valid physical postal address.
  • Provide an opt-out opportunity.
  • Honor opt-out requests.

    • If you have any concerns about your email marketing…
    Continue Reading CAN-SPAM Act