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  • AG Blanche Endorses License Plate Readers, Blames ‘Misinformation’ for Opposition

    AG Blanche Endorses License Plate Readers, Blames ‘Misinformation’ for Opposition

    AG Blanche Endorses License Plate Readers, Blames ‘Misinformation’ for Opposition
    November 9, 2026 | By Tom Leithauser
    Attorney General Todd Blanche on Friday endorsed the use of automatic license plate readers (ALPRs) by police departments to find perpetrators of serious crimes. “I very much support that technology, and I think that every city that has used it has seen its success over and over and over again,” AG Blanche said at news conference to announce an award of $73 million to Jacksonville, Florida, as part of the Department of Justice’s Model Cities Initiative. Ja...
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 adjudicative precedents

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 ef...
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…
FEDERAL PREEMPTION—2nd Cir.: Former CFTC Chair Gensler argues federal law does not preempt states on prediction markets

FEDERAL PREEMPTION—2nd Cir.: Former CFTC Chair Gensler argues federal law does not ...

November 9, 2026 | By Lene Powell, J.D.
Gensler contended that given the legal context at the time, Congress had “no reason” to think that a definition of swap contracts included sports bets. In a new amicus brief, former CFTC Chair Gary Gensler argued that Congress never intended to preempt state gaming laws when it provided for federal oversight of event contracts in the Dodd-Frank Act in 2010. The brief takes the side of New York in an appeal by the Kalshi exchange of a district court ruling declining to block state gaming…
Cyber Attacks Against Water Systems on Agenda for State Utility Regulators

Cyber Attacks Against Water Systems on Agenda for State Utility Regulators

November 6, 2026 | By Tom Leithauser
State utility regulators next week plan to consider a resolution calling on Congress to take steps to shore up the cyber defenses of water utilities. The resolution being presented to the National Association of Regulatory Utility Commissioners (NARUC) at its annual meeting would ask Congress to “remedy the funding shortfall” facing the Cybersecurity and Infrastructure Security Agency “to allow the agency to successfully fulfill its responsibilities and provide essential cybersecurity support…
PRESCRIPTION DRUGS—FINAL RULES: CMS locks in Medicare drug negotiation rules for 2029 and beyond

PRESCRIPTION DRUGS—FINAL RULES: CMS locks in Medicare drug negotiation rules for 2029 ...

November 9, 2026 | By WK Editorial Staff
The final rule creates a permanent regulatory framework for selecting high-spending drugs, negotiating maximum fair prices, guarding against reformulation strategies, and carrying negotiated prices into Part D coverage and payment. The Centers for Medicare & Medicaid Services finalized regulations that move the Medicare Drug Price Negotiation Program from time-limited guidance into a durable framework for initial price applicability year 2029 and later years. The rule implements statutory…
BANK SECRECY ACT—FinCEN bars MEXC Global fund transfers starting December 10

BANK SECRECY ACT—FinCEN bars MEXC Global fund transfers starting December 10

November 9, 2026 | By Charles A. Menke, J.D.
The order covers convertible virtual currency (CVC) and has no cessation date; existing suspicious-activity reporting and sanctions obligations remain unchanged for covered institutions. The Financial Crimes Enforcement Network (FinCEN) has issued an order that will prohibit covered domestic financial institutions from sending or receiving funds to or from defined foreign MEXC Global operations. Treasury announced the action as part of Operation Economic Outcast after finding reasonable…
PATENT—W.D. Wis.: Packaging manufacturer did not infringe convertible shipping box patents

PATENT—W.D. Wis.: Packaging manufacturer did not infringe convertible shipping box ...

November 9, 2026 | By Ravindra Kumar Singh, B.L.
The accused pizza packaging lacked the continuous tear line required by the asserted patents, and its alternative tearing mechanism did not establish infringement under the doctrine of equivalents. A federal district court in Wisconsin has ruled that packaging manufacturer Pratt Industries, Inc. and its affiliates did not infringe two patents covering shipping boxes that convert into retail-ready display cases. Granting summary judgment to Pratt, the court held that its corrugated cardboard…
ANTITRUST—10th Cir.: NCAA secures reversal of preliminary injunction enjoining new ‘Five Year Rule’ on appeal

ANTITRUST—10th Cir.: NCAA secures reversal of preliminary injunction enjoining new ...

November 9, 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 who brought a Sherman Act claim against the National Collegiate Athletic Association (NCAA), in connection with the NCCA decision not to apply its new Five Year Rule (FYR) retroactively, implausibly insisted the relevant antitrust market comprised all Division I…
CPSC NEWS—SPORTS AND RECREATIONAL EQUIPMENT—CPSC, ASTM strengthen safety standard for above-ground pool ladders

CPSC NEWS—SPORTS AND RECREATIONAL EQUIPMENT—CPSC, ASTM strengthen safety standard for ...

November 9, 2026 | By WK Editorial Staff
The revisions add child-resistance requirements to help reduce the risk of drowning. The Consumer Product Safety Commission and ASTM International announced that they have strengthened a voluntary safety standard for above-ground portable pools, adding specific performance requirements and test methods for child-resistant ladders. The revised standard is intended to address access to pools by young children. CPSC said it worked with industry and standards experts to establish requirements…
DOL NEWS—Final rule requires e-filing in administrative cases, with exceptions for good cause and pro se filers

DOL NEWS—Final rule requires e-filing in administrative cases, with exceptions for ...

November 6, 2026 | By Brandi O. Brown, J.D.
After a similar proposal was withdrawn in 2021, the agency has finalized regulations requiring attorneys to use its electronic filing system in most administrative cases. The U.S. Department of Labor has finalized a rule requiring electronic filing in administrative proceedings before its Office of Administrative Law Judges, adopting a proposal first issued in 2021 despite concerns raised by practitioners about the agency's filing system. The final rule, scheduled for publication November 9,…

EXPERT INSIGHTS—New York Department of Labor issues guidance on ‘Trapped At Work Act’
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November 10, 2026 | By Michael Paglialonga & Paul R. Piccigallo
At a Glance NYSDOL confirms that the Trapped at Work Act applies to new agreements, or new or amended terms in existing agreements, entered into on or after December 19, 2026. Truly voluntary repayment agreements that are separate...

EXPERT INSIGHTS—The midterms are over. What's next for labor and employment policy?
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November 10, 2026 | By Alexander T. MacDonald, Jim Paretti & Shannon Meade
At a Glance Following Democratic gains in Congress and the states, the next two years will be a busy period for labor and employment law. Employers can anticipate active state-level lawmaking and increased congressional scrutiny o...

REGULATION TRACKER—Upcoming SEC and CFTC comment deadlines and effective dates
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November 9, 2026 | By WK Editorial Staff
A table of proposed rule comment dates and final rule effective and compliance dates for SEC and CFTC rulemaking. Recent SEC activity includes the following: Small business definition. The SEC adopted final rule amendments that in...

BROKER-DEALERS—FINRA fines Webull $4.2M for AML, ITPP, best execution failures
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November 9, 2026 | By Anne Sherry, J.D.
Webull’s compliance program didn’t keep up with its rapid growth. Webull agreed to pay $4.2 million to settle FINRA charges of compliance failures. During a period of rapid growth lasting nearly four years, Webull failed to develo...

AI, Cybersecurity, Privacy Themes Intertwine in Forum Discussions
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November 9, 2026 | By Lynn Stanton
Among the recurring topics at the Privacy + Security Academy’s fall 2026 Privacy + Security Forum this week were AI (artificial intelligence), cybersecurity, privacy, and data breaches, with panelists emphasizing, among other thin...

CISA Updates Cyber Incident Reporting Form to Connect Dots
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November 9, 2026 | By Tom Leithauser
An updated cyber incident reporting form that will improve the ability to identify cyber attack trends was unveiled today by the Cybersecurity and Infrastructure Security Agency. “By improving data quality, the more robust form st...

HOME HEALTH—FINAL RULES: CMS paired home health payment increase with broader Medicare integrity controls
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November 9, 2026 | By WK Editorial Staff
The CY 2027 final rule raised aggregate home health payments while continuing recovery of prior overpayments, tightening enrollment safeguards, accelerating quality reporting and expanding selected home-based coverage. The Centers...

WORTH NOTING—Other Health Law litigation and regulatory developments
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November 9, 2026 | By WK Editorial Staff
A roundup of other items of interest to the Health Law community. CONTROLLED SUBSTANCES—FINAL RULES: The Drug Enforcement Administration (DEA) issued a final rule clarifying that its regulation governing amendments to and withdraw...

VITAL BRIEFING—Midterm election results boost hopes for tariff relief
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November 9, 2026 | By Brad Rosen, J.D.
U.S. beer and liquor exporters, who have suffered significantly from the Trump-initiated tariff war with Canada, are optimistic that current tariff policies may be modified after U.S. midterm elections shift congressional control ...

FINANCIAL TECHNOLOGY—OCC grants final approval for Coinbase national trust charter
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November 9, 2026 | By Colleen M. Svelnis, J.D.
The company says the approval allows custody expansion under federal regulation; national trust banks do not accept insured deposits or make traditional loans. Coinbase said the Office of the Comptroller of the Currency has grante...

COPYRIGHT—D. N.M.: Just because a photograph was ‘above the fold’ does not mean it was a driver of profits
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November 9, 2026 | By Matthew Hersh, J.D.
A copyright infringement lawsuit brought by two convicted felons is largely dismissed on summary judgment. The fact that a newspaper placed a photograph above the fold in connection with a front-page story over two recently indict...

PATENT—Fed. Cir.: Dismissal of patent owner’s infringement lawsuit upheld on appeal
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November 9, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The patent owner failed to raise substantive arguments before the district court, so those arguments were waived on appeal. In a nonprecedential disposition, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal...

ADVERTISING—N.D. Tex.: Texas smoke shop’s claim over allegedly mislabeled THC vapes survives dismissal
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November 9, 2026 | By Martin A. Steinberg, J.D.
Delta Munchies allegedly marketed vapes as lawful hemp products even though lab tests showed THC levels above Texas’s legal limit. The federal district court in Dallas, Texas allowed a Texas smoke shop’s implied warranty of mercha...

ANTITRUST—S.D.N.Y.: Trial over Gannett and Daily Mail claims about Google digital advertising to proceed as scheduled
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November 9, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
"The public interest in expeditious enforcement of the antitrust laws weighs against the stay" requested by Google of trials scheduled five months down the road. The federal district court in New York City has denied motions by Go...

JURISDICTION—HOUSEHOLD PRODUCTS—D.P.R.: Microwave injury action dismissed after consumer found domiciled in Puerto Rico
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November 9, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The man’s claimed Florida domicile was insufficient to establish diversity jurisdiction where his residence, property, employment, tax filings, and other substantial ties remained in Puerto Rico. In an action brought against a mic...

PREEMPTION—HOUSEHOLD PRODUCTS—S.D. Ohio: Court declines to reconsider earlier holding that failure-to-warn claim against manufacturer of wood ...
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November 9, 2026 | By Nicholas Kaster, J.D.
State claims, like the one here, are only preempted by the FHSA if they are “designed to protect against the same risk of illness or injury” as the FHSA. A federal district court in Ohio has denied a motion to reconsider its earli...
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