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  • ANTITRUST NEWS: Google and government plaintiffs file joint proposed final judgment in publisher ad tech antitrust litigation

    ANTITRUST NEWS: Google and government plaintiffs file joint proposed final judgment in publisher ad tech antitrust litigation

    ANTITRUST NEWS: Google and government plaintiffs file joint proposed final judgment in publisher ad tech antitrust litigation
    October 9, 2026 | By Justin Marcus Smith, J.D.
    Underlined sections showed differences of opinion, especially about monitoring and enforcement, with the government indicating concerns about circumvention and frustration in multiple sections. Google LLC (Google) and the Department of Justice, along with seventeen state attorneys general, have filed joint notice of their proposed final judgment in the ad tech antitrust litigation that has been pending since 2023 in the Alexandria, Virginia, federal distri...
FEDERAL RESERVE SYSTEM—Trump launches Cook removal inquiry at Fed over mortgage allegations

FEDERAL RESERVE SYSTEM—Trump launches Cook removal inquiry at Fed over mortgage allegations

October 9, 2026 | By John M. Pachkowski, J.D.
The inquiry is the latest action by Trump to remove Cook from the Fed following a rebuke by the Supreme Court. President Donald Trump has issued a Presidential Memorandum establishing a committee of i...
IMMIGRATION NEWS—Microsoft, Adobe suspended from permanent visa program amid H-1B fraud allegations

IMMIGRATION NEWS—Microsoft, Adobe suspended from permanent visa program amid H-1B ...

October 9, 2026 | By Patricia K. Ruiz, J.D.
The administration says companies will be barred from the permanent visa program pending review of alleged H-1B abuses. The Trump administration has suspended Microsoft Corp., Adobe Inc., and other employers from participation in the permanent visa program based on allegations of H-1B fraud, according to statements by Labor Secretary Keith Sonderling on social media and comments by Vice President JD Vance during an October 8 press conference on visa fraud. The action appears to be one of the…
COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and gaming oversight

COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and ...

October 9, 2026 | By Mark S. Nelson, J.D.
Former Sen. Dodd and former CFTC Chair Gary Gensler argued that the Dodd-Frank Act did not create a secret pathway to exclusive federal oversight of gaming. Former U.S. Senator Christopher J. Dodd and former SEC and CFTC Chair Gary Gensler filed separate amicus briefs in the pending appeal of a Third Circuit opinion by New Jersey regulators over whether states can regulate prediction markets. The central issue is whether federal law preempts prediction market regulations by state and tribal…
Google’s Plans for Airline’s Data Prompts Privacy Warning From 121 Lawmakers

Google’s Plans for Airline’s Data Prompts Privacy Warning From 121 Lawmakers

October 9, 2026 | By Tom Leithauser
Google LLC’s proposed $10 million purchase of the assets of bankrupt Spirit Airlines—mainly to obtain data to train AI (artificial intelligence)—has prompted warnings from lawmakers and labor unions about the threat to former Spirit employees’ privacy. “This sale presents uncharted territory. According to publicly available court findings, the proposed sale would involve an extraordinary volume of Spirit’s internal records, including approximately 100 million emails, 500 million Microsoft…
ADMINSTRATION OF MEDICARE/MEDICAID PROGRAMS—D. Idaho: Absolute immunity bars suit against Idaho health officials over disputed hearing

ADMINSTRATION OF MEDICARE/MEDICAID PROGRAMS—D. Idaho: Absolute immunity bars suit ...

October 9, 2026 | By Steven Melendez
A federal court found the officials serve functions analogous to a judge and prosecutor, dismissing a federal claim. A federal judge dismissed Allegiance Behavioral Health LLC’s claim alleging due process violations in an administrative hearing, finding an Idaho administrative law judge and Medicaid program integrity unity manager served functions analogous to a judge and prosecutor and thus are entitled to absolute immunity. The judge also declined to exercise supplemental jurisdiction over…
PREEMPTION—D. Ore.: OCC seeks dismissal or transfer of 10-state mortgage escrow preemption suit

PREEMPTION—D. Ore.: OCC seeks dismissal or transfer of 10-state mortgage escrow ...

October 8, 2026 | By Charles A. Menke, J.D.
The agency says the complaint fails to identify any national bank that has stopped—or imminently plans to stop—paying state-required escrow interest because of the challenged actions. The Office of the Comptroller of the Currency asked the U.S. District Court for the District of Oregon to dismiss a lawsuit by Oregon and nine other states challenging the agency’s mortgage-escrow Powers Rule and related preemption determination, or alternatively transfer the case to the District of Columbia. In…
COPYRIGHT NEWS: USA TODAY and affiliated publications sue OpenAI over alleged mass copying of news content

COPYRIGHT NEWS: USA TODAY and affiliated publications sue OpenAI over alleged mass ...

October 9, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
The publications alleged that OpenAI copied their journalism for AI training, generated outputs that substitute for their reporting, and removed identifying copyright information. USA TODAY Co. and 18 affiliated national and local news publications have sued OpenAI, alleging that it copied hundreds of thousands of protected articles and other journalistic works without permission to develop, train, and operate its generative AI products. The publications seek more than $250 million in damages,…
ANTITRUST—3d Cir.: Lawsuit by Sandoz on vasodilator drug Remodulin® generic remanded to district court

ANTITRUST—3d Cir.: Lawsuit by Sandoz on vasodilator drug Remodulin® generic remanded ...

October 8, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Proprietary manufacturer had proffered a reasonable alternative to the district court's interpretation of a settlement agreement to patent litigation which contained ambiguous terms as to its coverage and exclusions. A Third Circuit panel has mostly reversed and remanded a district court ruling in a lawsuit brought by generic drug manufacturer Sandoz against proprietary drug manufacturer United Therapeutics Corp (UTC). The litigation concerned vasodilator drug treprostinil, which in the form…
DESIGN AND MANUFACTURING DEFECTS—FOOD AND BEVERAGES—E.D.N.Y.: Chocolate suppliers denied dismissal of consumer’s claims in contamination case

DESIGN AND MANUFACTURING DEFECTS—FOOD AND BEVERAGES—E.D.N.Y.: Chocolate suppliers ...

October 9, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The consumer sufficiently pleaded that the recalled chocolates she consumed were defective and caused her hospitalization and subsequent aneurysm. In an action brought against a chocolate’s manufacturer and its distributor by a consumer who was allegedly hospitalized due to consumption of contaminated chocolate bars, a federal district court in New York denied the suppliers’ motion to dismiss. The consumer plausibly alleged showed that the product was unfit for human consumption and alleged a…
DISCRIMINATION—AGE—8th Cir.: Demoted fire department manager, now retired, failed to establish age discrimination

DISCRIMINATION—AGE—8th Cir.: Demoted fire department manager, now retired, failed to ...

October 8, 2026 | By Jason Albright, J.D.
“Though the claims raise distinct issues, his counsel conceded at oral argument that one issue, constructive discharge, holds the ‘keys to the kingdom.’” A former fire department manager who retired after he was demoted, following complaints from his subordinates, failed to establish age discrimination, a procedural due process violation, or civil conspiracy, the Eighth Circuit affirmed. He could not prove that he experienced objectively intolerable working conditions, as required to show that…

VITAL BRIEFING—Imports surge as trade deficit widens
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October 9, 2026 | By Brad Rosen, J.D.
The U.S. Census Bureau reported that import-export data for August showed the trade deficit in goods and services growing to $105.6 billion for the month, $12.7 billion higher than the $92.8 billion reported in July. In this editi...

EXPERT INSIGHTS—Early PUMP Act lawsuits highlight employer obligations
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October 9, 2026 | By Reinhart Boerner Van Deuren S.C.
Since the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) became fully enforceable in 2023, employers have been navigating federal requirements to provide nursing employees with reasonable break time and a...

INVESTMENT COMPANIES—SEC proposes to expand cross-trading rule for registered funds and affiliates
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October 9, 2026 | By John Filar Atwood
The amendments would restore the ability to cross trade most fixed-income securities, which is currently restricted under 2020’s fund valuation rule. The SEC has proposed to expand the group of securities eligible to be cross-trad...

FRAUD AND MANIPULATION—D.D.C.: Defendant fakes C.P.A. credentials
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October 9, 2026 | By Jay Fishman, J.D.
He provided an issuer with a fraudulent engagement letter and fabricated audited report and obtained $2,500 in audit fees. The SEC filed a fraud complaint in the District of Columbia’s District Court against a citizen of India for...

Bill Would Create AI Task Force Within CISA
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October 9, 2026 | By Tom Leithauser
A task force to assess the cybersecurity risks of AI (artificial intelligence) systems would be established by the Cybersecurity and Infrastructure Security Agency under House legislation unveiled yesterday. The CISA Securing AI T...

Chinese Government Disputes U.S. Hacking Allegations
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October 9, 2026 | By Tom Leithauser
The Chinese government today disputed U.S. allegations that it had worked with a Chinese company to conduct cyber attacks on critical infrastructure in the U.S. and other nations. The Federal Bureau of Investigation and Department...

ELECTRONIC HEALTH RECORDS—N.D. Tex.: Action for privacy breach may proceed with respect to negligence claim
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October 9, 2026 | By Sara Cracau, J.D.
Action for privacy breach may proceed with respect to negligence claim but not breach of fiduciary duties, unjust enrichment, and declaratory judgment. A district court in Texas has granted in part and denied in part the motion to...

MEDICAL DEVICES—N.D. Ind.: Breach of warranty claim not sufficiently distinct from time-barred tort claim in hip device lawsuit
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October 9, 2026 | By Leah S. Poniatowski, J.D.
The patient was given another chance to pursue warranty claims under the UCC. A patient whose implanted hip nailing system failed could not recover against the manufacturer on breach of warranty theories because the nature of her ...

EXPERT INSIGHTS—OFAC targets financial and digital asset networks under Operation Economic Outcast
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October 9, 2026 | By Jonathan Cross & Yash Dattani
Overview The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) recently took two sanctions actions under Operation Economic Outcast, the U.S. government's campaign targeting Iran and persons who facilitate ...

EQUAL CREDIT OPPORTUNITY—Trump Administration investigates Wells Fargo Bank’s minority lending housing initiatives
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October 9, 2026 | By A. Bryan Gerepka
HUD Secretary: “Even if Wells Fargo did not violate the law, its practice of dividing Americans based on race is immoral, unethical and un-American.” The U.S. Department of Housing and Urban Development (HUD) has launched an inves...

PATENT—3d Cir.: Lawsuit by Sandoz on vasodilator drug Remodulin® generic remanded to district court
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October 9, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Proprietary manufacturer had proffered a reasonable alternative to the district court's interpretation of a settlement agreement to patent litigation which contained ambiguous terms as to its coverage and exclusions. A Third Circu...

PATENT—D. Md.: Inventor’s claims against Johns Hopkins over surgical navigation technology largely move forward
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October 9, 2026 | By Ravindra Kumar Singh, B.L.
Disputed discovery dates and alleged harm from patent prosecution prevented dismissal of claims involving ownership and disclosure of ultrasound-guided spinal surgery technology. A federal district court in Maryland has allowed an...

ADVERTISING—N.D. Ill.: Consumers’ claims challenging 818 Tequila’s ‘100% Agave’ and ‘handcrafted’ marketing survive dismissal
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October 9, 2026 | By Christopher M. Longo, J.D.
The consumers allege that 818 tequila is deceptively marketed as “100% agave,” “handcrafted,” and “small batch,” and contains alcohol derived from non-agave sources. Consumers who filed suit against Calabasas Beverage Company, LLC...

ANTITRUST—D. Minn.: Tyson’s $48 million final settlement with commercial and institutional indirect purchaser plaintiffs given nod
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October 9, 2026 | By Donielle Tigay Stutland, J.D.
The court gave final approval to the commercial and institutional indirect purchasers’ $48 million settlement with Tyson in the pork antitrust litigation and dismissed those claims with prejudice. The federal district court for th...

JURISDICTION—HOUSEHOLD PRODUCTS—E.D.N.Y.: Chinese compressor maker wins dismissal of insurer’s fire-damage claims for lack of jurisdiction
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October 9, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The manufacturer’s lack of purposeful contacts with New York defeated personal jurisdiction despite its component being incorporated into a refrigerator that was ultimately sold and used in the state. In an action brought by a pro...

NOTICES—MOTOR VEHICLES—NHTSA seeks input, nominations for Vehicle Lighting Rulemaking Advisory Committee
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October 9, 2026 | By WK Editorial Staff
The committee would advise the Secretary of Transportation on revisions to FMVSS No. 108. The National Highway Traffic Safety Administration (NHTSA) announced its intent to establish a negotiated rulemaking advisory committee to d...
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