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  • ANTITRUST—2d Cir.: Dismissal of eyewear antitrust class action over implausible market definitions affirmed

    ANTITRUST—2d Cir.: Dismissal of eyewear antitrust class action over implausible market definitions affirmed

    ANTITRUST—2d Cir.: Dismissal of eyewear antitrust class action over implausible market definitions affirmed
    November 2, 2026 | By Martin A. Steinberg, J.D.
    The consumers failed to plausibly define a relevant product market for premium eyewear or its proposed submarkets of prescription lenses, sunglasses, and spectacle frames. The Second Circuit affirmed the dismissal of a proposed consumer antitrust class action accusing eyewear manufacturer EssilorLuxottica and its affiliates of anticompetitive conduct in the premium eyewear market. The court held that the plaintiffs failed to plausibly define a relevant pro...
DEPOSIT INSURANCE—FDIC proposes changes to large-bank deposit insurance determination modernization rule

DEPOSIT INSURANCE—FDIC proposes changes to large-bank deposit insurance determination modernization rule

November 2, 2026 | By Charles A. Menke, J.D.
The proposal would rescind the FDIC’s recordkeeping rule that applies to insured depository institutions with two million or more deposit accounts. The Federal Deposit Insurance Corporation Board of D...
WAGE-HOUR—EXEMPTIONS—W.D. Pa.: Third-party employer regulation pertaining to live-in domestic workers conflicted with FLSA

WAGE-HOUR—EXEMPTIONS—W.D. Pa.: Third-party employer regulation pertaining to live-in ...

November 2, 2026 | By Ronald Miller, J.D.
The Live-In Exemption exempts from the FLSA’s overtime pay requirements “any employee” meeting its other expressly stated requirements, namely, those employees who are employed in “domestic service in a household” and “who resides in such household.” The Department of Labor exceeded its authority when it promulgated its 2015 Third-Party Employer Regulation, ruled a federal district court in Pennsylvania. That part of the regulation pertaining to employees engaged in live-in domestic service…
CLEARING AND SETTLEMENT—SEC issues Treasury clearing relief for certain repo transactions

CLEARING AND SETTLEMENT—SEC issues Treasury clearing relief for certain repo ...

November 2, 2026 | By Lene Powell, J.D.
The SEC eased Treasury clearing requirements by excluding certain non-U.S and inter-affiliate repo transactions. The SEC issued exemptive relief from required central clearing of U.S. Treasury securities for certain non-U.S and inter-affiliate repo transactions. The order excludes specified transactions from the definition of eligible secondary market transactions, subject to conditions (Order Granting Exemptive Relief, Pursuant to Sections 17A and 36(a) of the Securities Exchange Act of 1934,…
FBI Blames North Korea for $6.3B Binance Cyber Heist

FBI Blames North Korea for $6.3B Binance Cyber Heist

November 2, 2026 | By Tom Leithauser
The Federal Bureau of Investigation on Saturday blamed the North Korean government for the cyber theft of $6.3 billion in cryptocurrency from Binance Holdings, Ltd. “The FBI refers to this specific North Korean malicious cyber activity as ‘TraderTraitor,’” the bureau said in a news release . The FBI and its partners at the U.S. Secret Service and Internal Revenue Service have “observed TraderTraitor actors converting stolen assets primarily into Ethereum (ETH). It is expected these assets will…
DRUGS AND BIOLOGICS—D.D.C.: BOTOX as a biological product should have been excluded from price negotiations

DRUGS AND BIOLOGICS—D.D.C.: BOTOX as a biological product should have been excluded ...

November 2, 2026 | By Jeffrey H. Brochin, J.D.
CMS misinterpreted the Inflation Reduction Act’s exclusion for plasma-derived products when it failed to exclude BOTOX from its published list of selected drugs for drug pricing negotiations. A federal district court for the District of Columbia has granted in part the motion for summary judgment filed by AbbVie Inc. in a lawsuit brought by the drug manufacturer challenging CMS’s selection of BOTOX in its list of selected drugs for drug pricing negotiations. AbbVie contended that the agency…
EQUAL CREDIT OPPORTUNITY—D. Mass.: National Urban League challenges CFPB Regulation B fair-lending changes

EQUAL CREDIT OPPORTUNITY—D. Mass.: National Urban League challenges CFPB Regulation B ...

October 30, 2026 | By Charles A. Menke, J.D.
The plaintiffs say the amendments disrupt lending and counseling services, divert scarce resources, and reduce their ability to serve underserved borrowers through their organizational networks. The National Urban League and the Massachusetts Association of Community Development Corporations have filed a complaint asking the U.S. District Court for the District of Massachusetts to declare unlawful and set aside the Consumer Financial Protection Bureau’s Regulation B amendments. The plaintiffs…
COPYRIGHT NEWS—Educational authors ask for relief over Anthropic settlement claims allocations

COPYRIGHT NEWS—Educational authors ask for relief over Anthropic settlement claims ...

November 2, 2026 | By Matthew Hersh, J.D.
A deadline looms for the filing of responses over claims allocation disputes. The complexity and opacity of the Anthropic claims settlement process is causing at least one group of authors “to consider abandoning, or to abandon, their claims all together,” a prominent authors association has asserted in a letter to the court administering the settlement. The letter, sent last week by a trade group for authors of educational textbooks, urges the court to “minimally” ensure that authors are not…
ANTITRUST NEWS: UK's CMA to investigate Meta’s commercial terms of use

ANTITRUST NEWS: UK's CMA to investigate Meta’s commercial terms of use

October 30, 2026 | By Justin Marcus Smith, J.D.
The CMA cautioned there are no findings as yet, the point of the investigation is to find out whether Meta abused a dominant position in violation of the UK Competition Act 1998. The United Kingdom's Competition and Markets Authority (CMA) announced it is opening an investigation of whether Meta commercial terms and conditions breach competition law. The businesses subject to the investigation are Meta Platforms, Inc.; Facebook UK Limited; and Facebook Ireland Limited, but may include other…
WARNINGS ISSUES—CHEMICAL PRODUCTS—11th Cir.: Judgment against Monsanto reversed after Supreme Court’s Roundup preemption ruling

WARNINGS ISSUES—CHEMICAL PRODUCTS—11th Cir.: Judgment against Monsanto reversed after ...

November 2, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The U.S. Supreme Court’s ruling in Monsanto Co. v. Durnell foreclosed state-law claims seeking a cancer warning which the herbicide’s EPA-approved label did not contain. In an action brought against an herbicide manufacturer for allegedly failing to warn consumers that its product could cause cancer, the U.S. Court of Appeals for the Eleventh Circuit granted the parties’ joint motion for summary adjudication and reversed a district court judgment in favor of the consumer. On remand from the…
WAGE-HOUR—EXEMPTIONS—6th Cir.: IT worker found to be overtime-exempt computer employee under the FLSA

WAGE-HOUR—EXEMPTIONS—6th Cir.: IT worker found to be overtime-exempt computer employee ...

October 30, 2026 | By Ronald Miller, J.D.
The employee’s responsibilities concerning documentation, design, and development of the IVR system were the “main” or “most important” part of his job, making them his “primary duty.” Cincinnati Bell met its burden to show that an IT employee’s responsibilities were intimately intertwined with the design, development, and documentation of an IVR system, making him an exempt computer employee, ruled the Sixth Circuit. The employee claimed that the employer failed to pay him overtime wages,…

EXPERT INSIGHTS—EntertainHR: ‘Respect My Authoritah?‘ Bargaining lessons from the Casa Bonita labor dispute
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November 2, 2026 | By Robert E. Entin
Fans of South Park remember "Casa Bonita," the 2003 episode in which Cartman becomes so desperate to attend Kyle's birthday outing to the fabled suburban Denver restaurant that he resorts to an elaborate scheme to get an invitatio...

EXPERT INSIGHTS—Polyamory joins the list of protected classes in a growing number of cities
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November 2, 2026 | By John F. Kuenstler & Jared Paulson
Protected characteristics are expanding at the local level. Several city councils have amended their anti-discrimination ordinances to protect people based on how they arrange their households and romantic relationships, including...

CORPORATE GOVERNANCE—Atkins outlines IPO, crypto, and shareholder-proposal reform agenda at Texas Economic Club
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November 2, 2026 | By Jay Fishman, J.D.
The SEC chairman tied reporting and offering proposals to material information for investors and predicted state shareholder-proposal benefits if Rule 14a-8 rescission is adopted. SEC Chairman Paul S. Atkins described a proposed r...

REGULATION TRACKER—Upcoming SEC and CFTC comment deadlines and effective dates
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November 2, 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: Cross trading. The SEC proposed to expand the group of securities eligib...

The Week in State Privacy and Cybersecurity Legislation—October 2026
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November 2, 2026 | By WK Editorial Staff
Welcome again to The Week in State Privacy and Cybersecurity Legislation , your update on the latest developments in proposed and enacted privacy and data security legislation across the 50 states and the District of Columbia, as ...

Cyber Investments Helped T-Mobile Block Salt Typhoon, Carrier Says
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November 2, 2026 | By Tom Leithauser
The infamous Salt Typhoon cyber espionage campaign that was discovered in 2024 and affected telecom carriers worldwide was stopped at the border of T-Mobile US, Inc.’s network because of T-Mobile’s “significant investments” in cyb...

WORTH NOTING—Other Health Law litigation and regulatory developments
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November 2, 2026 | By WK Editorial Staff
A roundup of other items of interest to the Health Law community. ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ affirmed that the Inspector General (IG) properly excluded the Provider from participation in Me...

ELECTRONIC HEALTH RECORDS—D. Or.: Patients’ claims that hospital system online tracking violated ECPA survive motion to dismiss
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November 2, 2026 | By Justin Marcus Smith, J.D.
The court concluded that an unlawful HIPAA disclosure may be an independent criminal act under the ECPA crime-tort exception. Patients who complained that a health care provider mishandled their protected health information (PHI) ...

BANK SECRECY ACT—FinCEN targets cross-border payment and charity risks
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November 2, 2026 | By Suzanne Cosgrove
FinCEN issued an alert urging greater vigilance in identifying and reporting suspicious activity. The Financial Crimes Enforcement Network (FinCEN) has asked financial institutions to watch for suspicious foreign-agent-directed cr...

BANK SECRECY ACT—FinCEN urges risk reviews after four jurisdiction delistings
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November 2, 2026 | By Charles A. Menke, J.D.
Iran and North Korea remain subject to countermeasure calls, while Burma faces proportionate enhanced due diligence, not countermeasures, FinCEN said. The Financial Crimes Enforcement Network (FinCEN) announced that the Financial ...

PATENT—Fed. Cir.: PTAB properly found network intrusion monitoring patent claims unpatentable
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November 2, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
Substantial evidence supported the Patent Trial and Appeal Board’s (PTAB’s) determination that all the claims of the network intrusion monitoring patent were unpatentable as obvious over prior art. In a non-precedential dispositio...

PATENT—Fed. Cir.: Federal Circuit backs Sonos in Google patent infringement dispute
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November 2, 2026 | By Patricia K. Ruiz, J.D.
Google failed to show Sonos products met key patent limitations involving cryptographic keys and content decryption. The Federal Circuit affirmed summary judgment for Sonos Inc. in a patent infringement suit brought by Google LLC,...

ADVERTISING—N.D. Ill.: McDonald’s unable to avoid McRib suit
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November 2, 2026 | By Jody Coultas, J.D.
It was not unreasonable for consumers to believe that the McRib actually contained rib meat. The federal district court in Chicago, Illinois declined to dismiss a suit filed by customers alleging that McDonald’s Corporation violat...

ANTITRUST—9th Cir.: Late flag by Ninth Circuit reverses NFL’s win in ‘Sunday Ticket’ dispute,,new damages trial ordered
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November 2, 2026 | By Thomas K. Lauletta, J.D.
The testimony of plaintiff subscribes’ expert witnesses was improperly excluded. The litigation brought by NFL’s “Sunday Ticket” subscribers alleging that the league violated antitrust laws in distributing the service at inflated ...

JURISDICTION—INDUSTRIAL AND COMMERCIAL EQUIPMENT—D.N.J.: Finding no fraudulent joinder, district court remands workplace injury case
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November 2, 2026 | By Molly Platnick
Injured worker raised colorable Workers’ Compensation Act claim against nondiverse defendant. The federal district court for the District of New Jersey granted an injured worker’s motion to remand a case against his former employe...

CPSC NEWS—ELECTRONIC PRODUCTS—HAIARA power banks recalled after 600 fire, thermal incidents reported
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November 2, 2026 | By WK Editorial Staff
The products were sold on Amazon.com by Mitrytech. About 11,000 HAIARA power banks are being recalled because their lithium batteries can explode and ignite, posing fire and burn hazards to consumers (CPSC Recall Notice , No. 27-0...
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