Go to Wolters Kluwer VitalLaw.comGo to Wolters Kluwer VitalLaw.com
VitalLaw®
  • Find answers to your questions
  • Log in to access your subscriptions
In depth. On point.
In depth. On point.
  • Home
  • Legal Directory
  • Home
  • Legal Directory
In depth. On point.
  • ENFORCEMENT—U.S.: Cert petition asks Court to resolve post-Jarkesy split on issue exhaustion

    ENFORCEMENT—U.S.: Cert petition asks Court to resolve post-Jarkesy split on issue exhaustion

    ENFORCEMENT—U.S.: Cert petition asks Court to resolve post-Jarkesy split on issue exhaustion
    October 20, 2026 | By Rodney F. Tonkovic, J.D.
    Is the issue-exhaustion requirement satisfied if presenting the claim would be "clearly useless?" A respondent in a FINRA disciplinary action has asked the Supreme Court to weigh in on whether statutory issue-exhaustion requirements bar courts from hearing structural constitutional challenges to agency proceedings. The petition argues that the Sixth Circuit wrongly refused to consider his claim that the SEC's imposition of monetary sanctions violated his S...
ANTITRUST—C.D. Cal.: Wireless spectrum investor fails in second attempt to tune-in Sherman Act claims against T-Mobile

ANTITRUST—C.D. Cal.: Wireless spectrum investor fails in second attempt to tune-in Sherman Act claims against T-Mobile

October 21, 2026 | By Justin Marcus Smith, J.D.
The spectrum investor succeeded this time in pleading that T-Mobile is a monopsonist, but it failed to show antitrust harm in a context where wireless carriers must acquire a “critical mass” of 2.5 GH...
DISCRIMINATION—DISABILITY—D. Colo.: Hearing-impaired deputy who resigned over safety concerns advances ADA claims

DISCRIMINATION—DISABILITY—D. Colo.: Hearing-impaired deputy who resigned over safety ...

October 21, 2026 | By Kathleen Kapusta, J.D.
“At least a few courts throughout the country have concluded that a jury could find that a plaintiff was constructively discharged when they were subject to an unsafe or dangerous working environment.” A sheriff’s deputy with a hearing impairment—who had been assigned to train in the jail setting and who resigned after having been denied her requested accommodations—sufficiently established that her working conditions were so intolerable that a reasonable person in her position would have had…
FIDUCIARY DUTIES—Del. Ch.: Court enjoins Cloudflare recapitalization meant to entrench founder control

FIDUCIARY DUTIES—Del. Ch.: Court enjoins Cloudflare recapitalization meant to entrench ...

October 19, 2026 | By Anne Sherry, J.D.
The defendants may opt for an initial trial on the issue of special committee members’ good faith. Cloudflare stockholders won a preliminary injunction against an allegedly unfair share reclassification. While conflicted transactions are protected by safe harbors recently added to DGCL Section 144, those safe harbors are predicated on good faith. Finding a good chance that the defendants will not be able to satisfy entire fairness if the safe harbors are unavailable, the Delaware Court of…
Federal Websites Should Use Tech Tool to Protect Americans’ Privacy, Wyden Says

Federal Websites Should Use Tech Tool to Protect Americans’ Privacy, Wyden Says

October 20, 2026 | By Tom Leithauser
Technology that hides the names of websites individuals visit should be enabled by federal government websites to protect website visitors from hackers and foreign adversaries, according to Sen. Ron Wyden (D., Ore.). In a letter sent yesterday to the Cybersecurity and Infrastructure Security Agency and Office of Management and Budget, Sen. Wyden noted that federal government websites “nearly universally encrypt website data, protecting the contents of web pages from prying eyes.” “However,…
FRAUD AND ABUSE—OIG REPORTS: OIG clarifies provider self-disclosure protocol for healthcare fraud

FRAUD AND ABUSE—OIG REPORTS: OIG clarifies provider self-disclosure protocol for ...

October 20, 2026 | By K. C. Salcedo
The extensive guidance clarifies eligibility of providers, the minimal content necessary for a disclosure report, and financial liability. The Office of Inspector General (OIG) supplemented preexisting guidance on the Provider Self-Disclosure Protocol (SDP) for healthcare fraud, specifying: (1) the providers and the conduct deemed eligible for self-reporting; (2) the information that must be included in a submission to the OIG; and (3) the OIG’s determination of settlement to resolve the…
FINANCIAL TECHNOLOGY—OCC finalizes GENIUS Act payment stablecoin rule for 2027

FINANCIAL TECHNOLOGY—OCC finalizes GENIUS Act payment stablecoin rule for 2027

October 21, 2026 | By Kathleen Bianco, J.D.
Application intake remains contingent on Office of Management and Budget approval, while the final rule and the GENIUS Act take effect January 18, 2027. The Office of the Comptroller of the Currency (OCC) finalized regulations implementing the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act for permitted payment stablecoin issuers and foreign payment stablecoin issuers under its jurisdiction, along with certain custody activities by OCC-supervised entities. The…
PATENT—Fed. Cir.: Dismissal of patent on methods for treating patients using remote devices on patent ineligibility grounds affirmed

PATENT—Fed. Cir.: Dismissal of patent on methods for treating patients using remote ...

October 20, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The district court did not err in finding the asserted claims of a patent on methods for treating patients using remote devices ineligible for patent protection. In a non-precedential disposition, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s decision granting the motion to dismiss the patent owner’s complaint for failure to state a claim based on patent ineligibility under 35 U.S.C. § 101. The Federal Circuit determined that the asserted claims of the patent…
ACQUISITIONS & MERGERS NEWS: FTC accepts consent order conditioning Publicis's $2.2 billion acquisition of LiveRamp on neutrality and data firewalls

ACQUISITIONS & MERGERS NEWS: FTC accepts consent order conditioning Publicis's $2.2 ...

October 20, 2026 | By Wendy Biddle, J.D.
The FTC alleges the deal would let Publicis use a dominant data connectivity provider to foreclose rivals in media agency and audience data services; a five-year order is designed to prevent that. The FTC issued an administrative complaint challenging Publicis Groupe S.A.'s proposed acquisition of LiveRamp Holdings, Inc. and simultaneously accepted for public comment, an Agreement Containing Consent Orders along with a Decision and Order and Order to Maintain Assets that would allow the…
WARNINGS ISSUES—FOOD AND BEVERAGES—D.C. App.: Consumer sufficiently stated negligent failure to warn claim against Trader Joe’s

WARNINGS ISSUES—FOOD AND BEVERAGES—D.C. App.: Consumer sufficiently stated negligent ...

October 21, 2026 | By Susan L. Smith, JD, MA
The consumer, who had eaten the company’s breaded fish fillets, required surgery to remove a fish bone lodged in her esophagus. The District of Columbia Court of Appeals reversed the judgment of the Superior Court and remanded the case of a woman who appealed the trial court’s order granting a grocery company’s motion to reconsider and dismiss the negligence cause of action in her complaint. The woman, who ate breaded fish fillets she purchased from the grocery store, subsequently had surgery…
DISCRIMINATION—SEX—D.N.H.: Coca-Cola bottler cannot escape EEOC suit over women-only leadership forum

DISCRIMINATION—SEX—D.N.H.: Coca-Cola bottler cannot escape EEOC suit over women-only ...

October 20, 2026 | By Wendy Biddle, J.D.
Excluding men from a paid, employer-sponsored conference plausibly caused harm under Muldrow , the court found, and a candidate-pool-expansion rationale did not support dismissal. A federal district court in New Hampshire denied dismissal of a Title VII suit challenging a beverage bottler's decision to send only women to a two-day professional forum, concluding that the EEOC plausibly alleged that excluded male employees suffered cognizable harm. The agency identified three alleged harms: lost…

EXPERT INSIGHTS—California and Illinois Expand Collective Bargaining Rights for Rideshare Drivers
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Stephen Taeusch & Ruth Yohannes
California and Illinois recently advanced state-administered labor relations models that operate outside the traditional framework of the National Labor Relations Act. This alert summarizes these developments in each state and pro...

EXPERT INSIGHTS—Second Circuit Revives Shelved Grocery Workers' Waiting Time Suit
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Gerald Maatman, Jr. & Jennifer A. Riley & Olga Romadin
Teaser Duane Morris Takeaways: On October 13, 2026, in Santos v. Lidl US, LLC, No. 25-2357 (2d Cir. Oct. 13, 2026), the Second Circuit vacated a district court’s dismissal of a grocery worker’s time-shaving claims under the Fair L...

AI NEWS—SEC to host roundtable on machine-understandable data
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By Anne Sherry, J.D.
Panels will explore how market participants are using AI and machine understandable data, the associated risks and costs, and ways the SEC can further support and enhance the use of these technologies. The SEC on November 9 will h...

DIRECTORS AND OFFICERS—S.D.N.Y.: Court rejects Axsome derivative contribution claim
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By Suzanne Cosgrove
A related class action failed to find a securities law violation, and its pre-judgment settlement discharged the defendants from contribution claims. The U.S. District Court for the Southern District of New York granted a motion t...

VITAL BRIEFING—Intensified Cyber Attacks on Water Utilities Leave Policy-Makers Scrambling
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By WK Editorial Staff
Hackers have begun targeting water utilities with the assistance of artificial intelligence, creating new headaches for state and federal agencies. Many small water systems are unable to afford cyber defenses robust enough to prot...

Children’s Privacy Code Published in Canada
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By Tom Leithauser
A proposed children’s privacy code modeled on similar codes enacted in Europe and some U.S. states was published today by Canada’s Office of the Privacy Commissioner (OPC). “The Code recognizes that while technology may be a condi...

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—PROPOSED RULES: CMS proposes changes to generic drug copayments, provider directories, PBM ...
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By WK Editorial Staff
The proposal would implement Medicare reforms addressing low-income drug cost sharing, Medicare Advantage provider-directory accuracy, and PBM compensation, transparency, and oversight requirements. CMS has proposed a set of Medic...

GENERAL HEALTH CARE NEWS—11th Cir.: Florida challenge of social media regulatory statute remanded to state court
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By Jeffrey H. Brochin, J.D.
Federal officer removal jurisdiction did not apply to Snapchat’s contracts with federal agencies because those contractual relationships were no different than Snapchat’s contracts with any other customers. The United States Court...

BANKING OPERATIONS—Consumer groups urge OCC, FDIC to deny Avant bank charter
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Colleen M. Svelnis, J.D.
The organizations alternatively requested a public hearing, asserting the application lacks essential data on refinancing rates, default rates, and underwriting processes. In a joint comment letter , the Center for Responsible Len...

FINANCIAL TECHNOLOGY—ABA, Better Markets respond to proposed GENIUS Act stablecoin rule
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Colleen M. Svelnis, J.D.
Both the ABA and Better Markets requested revision of Treasury's proposed rules under Section 3 of the GENIUS Act, but they differed over reasonable belief protections and liability standards for digital asset service providers. I...

PATENT—D. Del.: DISH Network wins invalidity ruling on patent for calculating scrambled carrier phases; signal-transmission patent survives
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By Mandavi Singh, LL.M.
Claims covering calculations of scrambled carrier phases were patent-ineligible, while a related patent requiring the actual scrambling and transmission of signals survived the eligibility challenge. DISH Network and its affiliate...

PATENT—D. Del.: Patent infringement claims headed to trial despite narrower interpretation
You have 1 more complimentary views available this month. Log in if you are already a customer

October 20, 2026 | By George Basharis, J.D.
Reed Semiconductor secured a favorable interpretation of Monolithic Power Systems’ patent claims but could not establish that its accused circuitry operates outside their scope. A patent covering power-management circuitry require...

ANTITRUST—N.D. Cal.: Discovery dispute resolved over subpoena of non-party Google by consumers in litigation over Apple's iCloud
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Google's concerns over improper handling of sensitive proprietary information were already addressed in stipulated protective order issued earlier in litigation. A federal magistrate judge in San Jose, California has ordered a res...

PRIVACY—7th Cir.: Hospitals cannot remove patient privacy suits under federal officer statute
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Martin A. Steinberg, J.D.
Hospitals’ compliance with federal electronic health record requirements did not make them federal actors entitled to remove state-law privacy claims to federal court. The U.S. Court of Appeals for the Seventh Circuit affirmed dis...

JURISDICTION—ELECTRONIC PRODUCTS—Del. Super.: Uber wins dismissal of rider’s claims in assault case due to inconvenient forum
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Based on an analysis of six factors, the court concluded that Delaware had no connection to the underlying dispute apart from the company’s incorporation in the forum. In an action brought by a New York resident against rideshare ...

CPSC NEWS—BABY PRODUCTS—Papablic recalls bedside sleepers over entrapment, suffocation hazards
You have 1 more complimentary views available this month. Log in if you are already a customer

October 21, 2026 | By WK Editorial Staff
The firm will provide a full refund after receiving proof that the product has been destroyed. Papablic is recalling about 248 convertible bedside sleepers with play yard extensions because the products can pose entrapment, suffoc...
See more from VitalLaw

Expert Insights

  • Prediction markets fight a familiar foe: Insider trading - Video Vital Briefing with Senior Analyst Lene Powell
  • Delaware expands reach of its privacy law - Video Vital Briefing with Senior Analyst Tony Foley
  • Is relief for taxpayers with personal casualty and fraud-related theft losses on horizon?
  • Ethical guidelines for use of AI explored at ACC Meeting
  • How Chapter 11 Investigations Shape Restructuring Outcomes

© 2026 CCH Incorporated and its affiliates and licensors. All rights reserved.

  • Manage Cookie Preferences
  • Privacy Statement
  • Terms of Use