Holland & Knight Legal Podcast

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500

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Aug 2026

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Podcast by Holland & Knight Legal Podcast

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August 25, 202620 min

The FTC's Personalized Pricing Policy Statement

The best compliance strategy is not waiting for enforcement to arrive; it's preparing for it before regulators ask questions. In this episode of "Clearly Conspicuous," Anthony DiResta interviews his colleague Benjamin Genn of Holland & Knight's Consumer Protection Defense and Compliance Team about the Federal Trade Commission's (FTC) proposed personalized pricing policy statement and its potential impact on consumer-facing businesses. Mr. Genn explains the FTC's disclosure-based approach to personalized pricing (also known as surveillance pricing), outlines the deception and unfairness theories underlying the agency's enforcement framework, and distinguishes lawful dynamic pricing based on broader market conditions from the individualized pricing practices targeted by the government's proposed enforcement focus. He also highlights the practical steps companies should take now, including auditing pricing algorithms, evaluating data use disclosures and assessing risks tied to vulnerability-based pricing practices before the September 18, 2026, comment deadline.

August 19, 202617 min

Surveillance Pricing vs. Dynamic Pricing: What Companies Need to Know

The strongest defense when the government asks questions is knowing your answers beforehand. In this episode of "Clearly Conspicuous," Anthony DiResta interviews his colleague Benjamin Genn of the Firm's Consumer Protection Defense and Compliance Team about the increasing scrutiny of surveillance pricing and how it differs from lawful dynamic pricing. After explaining the distinction between these two pricing models, Mr. Genn highlights a major airline's response to a congressional inquiry regarding its use of artificial intelligence (AI) in flight pricing. When three senators demanded answers about the airline's plans to expand AI use in flight pricing, the airline addressed lawmakers' concerns by producing documentation showing its systems use aggregate demand signals rather than individualized personal data. This example underscores the importance of understanding and documenting pricing algorithms and loyalty program data flows before inquiries arise from Congress, the Federal Trade Commission (FTC) or state attorneys general.

August 18, 202634 min

Jockey Welfare and Career Transitions in Thoroughbred Racing

A successful career in thoroughbred racing comes with risks whose effects can extend far beyond the finish line. On this episode of "The Tack Room," Holland & Knight Equine Industry Team Leader Kayla Pragid sits down with jockey Ramón Domínguez, a National Museum of Racing and Hall of Fame inductee, and University of South Carolina Professor Gabrielle Kuenzli to examine jockey welfare, career transitions and the realities of life before and after racing. Drawing on Domínguez's journey from a young aspiring rider in Venezuela to one of racing's most accomplished jockeys, the conversation explores the financial uncertainty, injury risks and identity challenges many jockeys face throughout their careers. The guests also discuss the Permanently Disabled Jockeys Fund, Jockeys' Guild Education Foundation and efforts to create educational opportunities that help riders prepare for life beyond the saddle, offering a thoughtful look at the people who power the sport and the support systems that sustain them on and off the track.

August 18, 202629 min

What Healthcare Investors Should Learn from California's CPOM Actions

Healthcare organizations can no longer rely on paperwork alone to prove compliance: Regulators increasingly expect concrete proof that governance structures operate in practice as described in the abstract. In this episode of "Counsel That Cares," healthcare attorney Shalyn Watkins and Camino Strategy Group CEO Phoebe Gutierrez examine how California's Corporate Practice of Medicine (CPOM) doctrine is shaping healthcare transactions, digital health platforms and investor-backed healthcare organizations. Using the recent Carbon Health settlement, ongoing litigation and broader enforcement trends as examples, they explain why regulators are looking beyond contract language to scrutinize operational decision-making, physician independence and management company control, while offering practical guidance for organizations seeking to structure and expand healthcare businesses in California's increasingly active regulatory environment.

August 18, 202616 min

Unlocking the Potential of Washington's Waterfront District

Major real estate growth depends on more than new construction; it requires coordinated investment, governance and long-term planning. Land use and zoning attorney Leila Batties speaks with Emeka Moneme, president and CEO of the Navy Yard BID, about how the Business Improvement District (BID) helps shape one of Washington, D.C.,'s fastest-growing mixed-use neighborhoods. Mr. Moneme explains how the BID operates as a public-private partnership, highlights the role of infrastructure investments and sports venues in driving redevelopment, and discusses how zoning, housing policy and future waterfront improvements continue to position Navy Yard as a key engine of economic development.

August 13, 202612 min

The Future of Fair Lending Under the CFPB's Regulation B Rule

Regulatory changes do not eliminate compliance risk. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta interviews financial services regulatory attorney Dimitri Nionakis about the Consumer Financial Protection Bureau's (CFPB) final rule amending Regulation B under the Equal Credit Opportunity Act (ECOA), which pertains to disparate impact claims. Using a practical lending example, Mr. Nionakis explains how a facially neutral policy can create disparate impact concerns and emphasizes that banks and non-bank lenders still face exposure under the Fair Housing Act and state lending discrimination laws, even as the CFPB deprioritizes enforcement of Regulation B and pursuit of ECOA violators and executive orders portend broader policy priority shifts. He outlines why institutions should maintain existing compliance controls, review policies and procedures, train staff and continue auditing fair lending practices to mitigate liability potential.

August 6, 202629 min

Building a Fund Around Founder Empathy and Regional Needs

Not every startup is built to become a unicorn, and forcing founders into that mold can undermine the business they are actually building. In this episode of "The Innovation Imperative," Patrick Driscoll and Partner Danielle Price sit down with Aurelia Edwards, co-founder and general partner of Edin Capital, to discuss her journey from founder and operator to emerging venture capital fund manager. Ms. Edwards shares how her experience raising capital and building startups influenced Edin Capital's founder-first investment philosophy. She reflects on watching founders relocate to Miami in search of venture funding, only to feel pressure to reshape their businesses to fit a Silicon Valley venture capital model that did not align with their goals, markets or long-term potential. She also discusses the importance of understanding regional markets, supporting founders beyond capital and building investment strategies that generate both financial returns and community impact.

August 2, 202620 min

Execution and Iteration: Deep Tech at Scale in Maritime Shipping

In maritime decarbonization, the winning technology is often the one that asks customers to change the least. In this episode of "The Innovation Imperative," Patrick Driscoll and Partner Tim Poydenis talk with Carbon Ridge founder and CEO Chase Dwyer about decarbonizing global shipping. Carbon Ridge uses modular onboard carbon capture technology to reduce a vessel's carbon dioxide emissions by up to 95 percent while allowing ships to keep operating with existing fuel and infrastructure. Mr. Dwyer shares how Carbon Ridge identified an opportunity in one of the world's hardest-to-abate industries, why building trust matters in a relationship-driven market with long sales cycles, and how execution, iteration and mission-aligned investors are critical to scaling a deep tech company through shifting market and regulatory conditions.

July 21, 202621 min

The State of South Florida's Office Leasing Market in 2026

Miami's office market rewards tenants who understand both the opportunity and the risks behind the region's growth. In this episode of "Real Estate Law Unlocked," Real Estate attorney Alexa Duarte speaks with Savills Associate Natalie Valdez about the forces driving office leasing activity across South Florida and the strategies tenants can use to secure favorable lease terms. Drawing on examples from Brickell, Downtown Miami, Coral Gables, Doral and Wynwood, they explain how market dynamics, parking costs, operating expenses and lease negotiations can significantly affect long-term occupancy. This discussion emphasizes that in a fast-moving leasing market, tenants who engage experienced brokers and counsel early, maintain focus on the full context behind occupancy and negotiate strategically are best positioned to secure long-term value and avoid costly surprises.