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  • ARBITRATION—9th Cir.: SpaceX can’t compel former employees to arbitrate claims they were fired for opposing sexual harassment

    ARBITRATION—9th Cir.: SpaceX can’t compel former employees to arbitrate claims they were fired for opposing sexual harassment

    ARBITRATION—9th Cir.: SpaceX can’t compel former employees to arbitrate claims they were fired for opposing sexual harassment
    November 12, 2026 | By Kathleen Kapusta, J.D.
    By alleging SpaceX retaliated against them for opposing conduct that they asserted amounts to sexual harassment—Elon Musk’s Twitter posts—the employees alleged conduct constituting a sexual harassment dispute. Rejecting SpaceX’s contention that the EFAA requires that sexual harassment allegations must state a claim that would survive a motion to dismiss under the federal pleading standard, a divided Ninth Circuit held that, in deciding whether the statute’...
FALSE CLAIMS ACT—N.D. Ind.: Court prescribes trial for hospital facing FCA allegations in connection with 340B diversion, retaliation

FALSE CLAIMS ACT—N.D. Ind.: Court prescribes trial for hospital facing FCA allegations in connection with 340B diversion, ...

November 12, 2026 | By Justin Marcus Smith, J.D.
Disputed evidence that a pharmacy director reported allegedly unlawful 340B patient qualification and was then suspended and discharged required a jury to resolve retaliation and defamation claims. Th...
SUPREME COURT NEWS—High Court passes on case testing judicial scrutiny of NLRB adjudicative precedents

SUPREME COURT NEWS—High Court passes on case testing judicial scrutiny of NLRB ...

November 10, 2026 | By Brandi O. Brown, J.D.
The Court declined the opportunity to weigh in on whether courts must independently interpret agency precedents announced through adjudication, denying review of a petition that argued the NLRB had effectively rewritten one of its own labor-law rules. The U.S. Supreme Court declined to review a petition in Rieth-Riley Construction Co. v. NLRB , wherein the employer argued that the Sixth Circuit had improperly allowed the National Labor Relations Board to reinterpret one of its own longstanding…
FRAUD AND MANIPULATION—N.D. Cal.: Lawsuit claims NVIDIA misled investors over CEO’s affair with alleged Chinese spy

FRAUD AND MANIPULATION—N.D. Cal.: Lawsuit claims NVIDIA misled investors over CEO’s ...

November 10, 2026 | By Lene Powell, J.D.
The complaint asserts that Mr. Huang’s alleged fraudulent conduct can be imputed to NVIDIA. A new class action complaint alleges that NVIDIA Corporation and its founder-CEO Jensen Huang concealed material risks arising from Huang’s extramarital affair with Alice Huang, a Singapore-based executive accused of being a Chinese intelligence asset, raising concerns about national security and export controls evasion (Kistenmacher v. NVIDIA Corporation , No. 5:26-cv-13448 (N.D. Cal. filed Nov. 9,…
CISA Has New Nominee to Fill Director Position

CISA Has New Nominee to Fill Director Position

November 10, 2026 | By Tom Leithauser
Michael LoSapio, chief information security officer (CISO) for Palantir Technologies, Inc., has been nominated by President Trump to be director of the Cybersecurity and Infrastructure Security Agency, according to a list released yesterday by the White House of nominees sent to the Senate. Mr. LoSapio has been Palantir’s CISO for more than two years and previously was the company’s group lead for infrastructure and network security, according to his LinkedIn profile . He is also a volunteer…
COVID-19—N.D. Tex.: PHMPT takes fee haircut after prevailing in Pfizer COVID-19 vaccine FOIA dispute with FDA

COVID-19—N.D. Tex.: PHMPT takes fee haircut after prevailing in Pfizer COVID-19 ...

November 10, 2026 | By Justin Marcus Smith, J.D.
PHMPT prevailed, but it failed to differentiate between document review necessary to make its case and document review it would have done without having sued to enforce FOIA production. At the conclusion of Freedom of Information Act (FOIA) litigation about access to the FDA's Pfizer COVID-19 vaccine records, the federal district court in Fort Worth, Texas awarded the FDA’s $618,629.27 offer of judgment for attorney’s fees and costs to Public Health and Medical Professionals for Transparency…
BANK SECRECY ACT—BPI urges broader AML rules for digital asset intermediaries

BANK SECRECY ACT—BPI urges broader AML rules for digital asset intermediaries

November 10, 2026 | By Patricia K. Ruiz, J.D.
Treasury should extend anti-money laundering obligations across the digital asset payment chain, the banking trade group said. The Bank Policy Institute (BPI) urged the Financial Crimes Enforcement Network (FinCEN) and the Treasury Department to expand anti-money laundering and countering the financing of terrorism (AML/CFT) requirements to digital asset intermediaries, particularly in secondary-market transactions. In a letter , the group said existing reporting frameworks leave information…
PATENT—E.D. Wis.: Patent infringement case against medical technology company Biotronik will proceed

PATENT—E.D. Wis.: Patent infringement case against medical technology company ...

November 12, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The district court ruled that judgment on the pleadings was inappropriate because the Federal Circuit’s decisions on patent law are binding on its resolution of the dispute. In a patent infringement dispute regarding cardiac/medical device technology and related patents, the U.S. District Court for the Eastern District of Wisconsin denied the defendants’ motion for judgment on the pleadings because they made the same argument the Federal Circuit rejected in Aristocrat Technologies v.…
ACQUISITIONS & MERGERS NEWS: CMA decides Akzo Nobel / Axalta merger may lessen competition

ACQUISITIONS & MERGERS NEWS: CMA decides Akzo Nobel / Axalta merger may lessen ...

November 12, 2026 | By Peter Reap, J.D., LL.M.
The UK antitrust enforcer also announced that it is inviting comments on Pilgrim's Pride's proposed acquisition of Walkers Deli & Sausage Co. The UK Competition & Merkets Authority (CMA) announced on November 11 that it has decided, on the evidence currently available to it, that it is or may be the case that the proposed merger of chemical and paint products companies Akzo Nobel N.V. (AkzoNobel) and Axalta Coating Systems Ltd. may be expected to result in a substantial lessening of…
DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—Cal. App.: Summary judgment for car seat manufacturer in GM crash that left woman paralyzed is reversed on appeal

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—Cal. App.: Summary judgment ...

November 12, 2026 | By Molly Platnick
The court found that following GM specifications was not a defense to strict liability. A California appellate court reversed and remanded summary judgment for a car seat manufacturer in a case brought by a woman who was paralyzed in a crash while driving a General Motors vehicle. The injured driver alleged the car seat company was strictly liable for design defect because the driver’s seat’s “open perimeter” made her injury foreseeable. The court rejected the driver’s consumer expectations…
FEDERAL REGULATIONS—DOL proposes national minimum job-search requirement for unemployment benefits

FEDERAL REGULATIONS—DOL proposes national minimum job-search requirement for ...

November 9, 2026 | By Brandi O. Brown, J.D.
States that have previously given warnings to individuals upon identifying a potential work search eligibility issue will no longer be able to do so and, instead, will be required to find that individual ineligible for UC that week. DOL’s Employment and Training Administration has proposed a rule that would establish a nationwide minimum work-search standard for individuals collecting unemployment compensation (UC). The proposal, scheduled for publication in the Federal Register on November…

EXPERT INSIGHTS—Before the algorithm decides: Connecticut's 2027 rules for artificial intelligence in employment
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November 12, 2026 | By Victoria Stockton Breese & Tori Esquivel
Beginning in 2027, Connecticut employers using artificial intelligence (AI) in recruiting or workforce management will face new disclosure requirements under Connecticut Public Act 26-15, enacted in 2026 as part of the state's bro...

EXPERT INSIGHTS—Wisconsin court expands employers' duty to rehire injured workers
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November 12, 2026 | By Daniel D. Barker & Justin M. Davis, Michaela A. Utrup & John T. Woodson
Takeaways The Wisconsin Court of Appeals' recent Bartelt decision clarified that claimants' bringing an "unreasonable failure to rehire" claim under the Worker's Compensation Act, Wis. Stat. §102.35(3), need only show employment, ...

EXPERT INSIGHTS—Delaware, Texas, or Nevada? A guide to the corporate domicile question
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November 10, 2026 | By WK Editorial Staff
Renowned tax and accounting expert Mark Friedlich takes a look at how counsel to corporations can examine a possible move. Businesses face a new and complex picture when choosing a state of incorporation, as the competition among ...

ENFORCEMENT—CFTC sanctions eight individuals for acting as unregistered associated persons of foreign IBs
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November 10, 2026 | By Suzanne Cosgrove
The latest CFTC orders recognized penalties owed in prior related SEC proceedings. In settled orders announced Monday, the CFTC barred eight individuals for two years from registering with the CFTC in any capacity or acting as a p...

AI Developers Pledge to Address ‘Dangerous Misuse’ of Frontier Models
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November 10, 2026 | By Tom Leithauser
Leading AI (artificial intelligence) developers yesterday pledged to address “dangerous misuse” of their frontier models for cyber attacks and other “risks arising from growing autonomy or model misalignment, including loss of con...

France Blames Iran for Cyber Attacks on Refrigeration Systems
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November 10, 2026 | By Tom Leithauser
The government of Iran was behind a campaign of cyber attacks that recently raised temperatures in commercial refrigeration systems across Europe, according to the French Ministry of Europe and Foreign Affairs. Although Iran was s...

EXPERT INSIGHTS—DOJ Fraud Division launches Whistleblower Rewards Program offering fast-track payments for fraud tips
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November 12, 2026 | By Jacquelyn Papish & John H. Lawrence, Caila Wagar & John E. Kelly
Highlights Fast-track awards tied to criminal charges : The U.S. Department of Justice's (DOJ) National Fraud Enforcement Division's new Fraud Whistleblower Incentive Program (WHIP) will pay tipsters $10,000 to $30,000 for origina...

MEDICARE PART C / MEDICARE ADVANTAGE—E.D. Pa.: Federal Arbitration Act equitable-relief carve-out excludes challenges to Medicare Advantage ...
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November 12, 2026 | By Jeffrey H. Brochin, J.D.
Claims seeking to reverse an ongoing reimbursement policy through specific performance and declaratory relief fall outside arbitration clauses that expressly exclude equitable claims. A federal District Court in Pennsylvania has d...

EXPERT INSIGHTS—OCC finalizes GENIUS Act stablecoin rules: Key requirements and next steps for issuers and banks
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November 10, 2026 | By Benjamin Saul & Vito Arethusa
On October 21, 2026, the Office of the Comptroller of the Currency (OCC) announced a final rule implementing key provisions of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act.[1] Effective Januar...

DIRECTORS, OFFICERS AND EMPLOYERS—Better Markets urges Fed, FDIC to use inflation for insider-lending limits
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November 10, 2026 | By John M. Pachkowski, J.D.
Comments challenge quadrupling insider loan thresholds. Better Markets, the “Wall Street watchdog,” has submitted separate comments to the Federal Reserve Board and Federal Deposit Insurance in connection with the agencies’ propos...

PUBLICITY RIGHTS—10th Cir.: NCAA secures reversal of preliminary injunction enjoining new ‘Five Year Rule’ on appeal
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November 12, 2026 | By Justin Marcus Smith, J.D.
Individual athletic programs within a Division I university, not all NCAA university members, were ultimately the employers for purposes of market-definition analysis, and they were not interchangeable. Student-athlete plaintiffs ...

TRADEMARK—TTAB: 'NO SHAVE' is too generic for trademark registration
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November 12, 2026 | By Sherri M. Schroeder, J.D.
TTAB affirmed the refusal to register the trademark proposed by Advanced Hair Restoration because the mark was generic for a type of medical procedure within the scope of the services identified. A Trademark Examining Attorney (TE...

ADVERTISING—N.D. Cal.: Anthropic must face consumer deception and contract claims over Claude Max usage promises
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November 12, 2026 | By Martin A. Steinberg, J.D.
Consumers plausibly alleged Anthropic’s promises of five or 20 times more usage under its premium Claude Max plans were misleading. The federal district court in San Francisco, California held that Claude Max subscribers plausibly...

ANTITRUST—11th Cir.: District court improperly certified judgment in suit against realtors and brokerages
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November 12, 2026 | By Brian Craig, J.D.
Equitable considerations did not support an immediate appeal from the district court’s order approving settlements against certain brokerages. The U.S. Court of Appeals for the Eleventh Circuit has dismissed an appeal bought by no...

PREEMPTION—TOBACCO PRODUCTS—E.D. La.: Warning defect claims against Philip Morris preempted only as to post-1969 conduct in smoker death case
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November 12, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Federal law preempts state-law claims based on cigarette advertising, promotion, or labeling after July 1, 1969, but does not bar claims arising from earlier conduct. In an action brought against a cigarette manufacturer by the su...

CPSC NEWS—BABY PRODUCTS—Nursing pillows recalled over suffocation risk, safety standard violation
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November 12, 2026 | By WK Editorial Staff
Customers will be offered a full refund. Kikea Store, of China, is recalling about 19,596 X-VESOLJE Nursing Pillows because they violate mandatory safety standards for nursing pillows and can obstruct an infant’s breathing, posing...
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