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  • ELECTRONIC HEALTH RECORDS—7th Cir.: Court remands consolidated hospital privacy breach lawsuit back to state court

    ELECTRONIC HEALTH RECORDS—7th Cir.: Court remands consolidated hospital privacy breach lawsuit back to state court

    ELECTRONIC HEALTH RECORDS—7th Cir.: Court remands consolidated hospital privacy breach lawsuit back to state court
    October 22, 2026 | By Sherri M. Schroeder, J.D.
    The four consolidated cases from Indiana and Illinois presented nearly identical claims for breach of privacy against health care providers claiming federal jurisdiction under § 1442(a)(1). An Indiana couple alleged that Columbus Regional Health (CRH) shared their health data without their consent through a Facebook-tracking software called the "Meta Pixel" embedded in CRH's online webpage. CRH moved the putative class action from Indiana state court to fe...
TRADEMARK NEWS—U.S.: Winemaker asks High Court to review standard for giving preclusive effect to Board decisions

TRADEMARK NEWS—U.S.: Winemaker asks High Court to review standard for giving preclusive effect to Board decisions

October 22, 2026 | By Brian Craig, J.D.
The winemaker argues the Second Circuit created a new rule for factual identity making preclusion under B&B Hardware, Inc. v. Hargis Industries, Inc. , 575 U.S. 138 (2015) impossible. An Italian winem...
DISCRIMINATION—RACE—E.D.N.Y.: White school psychologist, referred to as a ‘Karen,’ cannot advance bias claim

DISCRIMINATION—RACE—E.D.N.Y.: White school psychologist, referred to as a ‘Karen,’ ...

October 22, 2026 | By Kathleen Kapusta, J.D
According to the school psychologist, she considered the term to be a derogatory term for white women. A school secretary’s reference to a white psychologist as a “Karen” prior to a meeting with an assistant principal, together with the assistant principal’s aggressive behavior toward the psychologist at the meeting, was not enough to constitute adverse employment action, a federal court in New York held, granting summary judgment against the psychologist’s Title VII race discrimination claim.…
BLOCKCHAIN—Better Markets, ‘Shadow SEC’ comment against crypto assets proposal

BLOCKCHAIN—Better Markets, ‘Shadow SEC’ comment against crypto assets proposal

October 21, 2026 | By Anne Sherry, J.D.
Both letters suggest the SEC is obliging the crypto industry. Two comment letters urge the SEC to repropose or outright withdraw Regulation Crypto Assets, the proposed framework for non-security crypto assets subject to an investment contract. A group of law professors known as the “Shadow SEC” says that while the proposal does some things right, it suffers from two fundamental overreaches when it carves out crypto assets from certain registration and disclosure rules. Better Markets says that…
EU Lawmakers Push Back on Proposed Narrowing of ‘Personal Data’ Definition

EU Lawmakers Push Back on Proposed Narrowing of ‘Personal Data’ Definition

October 22, 2026 | By Tom Leithauser
The Council of the European Union has rejected the European Commission’s proposal to amend the EU’s General Data Protection Regulation (GDPR) by narrowing the definition of “personal data.” The commission last year unveiled “targeted amendments” to GDPR that included a proposal to redefine personal data to exclude pseudonymized data that can’t be easily used to identify an individual (CPR , Nov. 19, 2025 ). But the council recommended keeping the old definition in a proposal released yesterday…
DISPROPORTIONATE SHARE HOSPITALS—D.D.C.: Disproportionate share hospitals’ challenge to 2023 final rule was premature, untimely, and moot

DISPROPORTIONATE SHARE HOSPITALS—D.D.C.: Disproportionate share hospitals’ challenge ...

October 21, 2026 | By Justin Marcus Smith, J.D.
A recent D.C. Circuit opinion made clear that not every Medicare payment rule is a final Medicare payment determination, and the hospitals in this matter failed to challenge a Notice of Program Reimbursement final payment determination. Disproportionate share hospitals that challenged the calculation of their Medicare reimbursements under a 2023 HHS final rule filed premature administrative appeals with the HHS Provider Reimbursement Review Board (PRRB), held the federal district court in…
COMMUNITY DEVELOPMENT—Treasury proposes single-family home purchase rules for large institutional investors

COMMUNITY DEVELOPMENT—Treasury proposes single-family home purchase rules for large ...

October 22, 2026 | By Charles A. Menke, J.D.
Beginning Jan. 7, 2027, large institutional investors are generally prohibited from purchasing single-family homes under the ROAD to Housing Act. The Treasury Department has issued a notice of proposed rulemaking (NPR) that would clarify which large institutional investors and single-family home purchases fall under Section 1001 of the 21st Century ROAD to Housing Act, including rules for exceptions, passive-investor status, and maximum penalties. The Act’s requirements and prohibitions, which…
TRADEMARK—D. Ariz.: Polish start-up company’s suit against GEICO moves forward

TRADEMARK—D. Ariz.: Polish start-up company’s suit against GEICO moves forward

October 21, 2026 | By Thomas K. Lauletta, J.D.
However, the company’s motion for injunctive relief was denied. The U.S. District Court of Arizona at Phoenix denied the defendant insurance company GEICO’s motion to dismiss a Polish start-up gifting company’s pleas for declaratory relief based on a reverse-domain-hijacking theory and a claim of tortious interference with contract under Arizona law. However, citing the gifting company’s failure to show a likelihood to succeed on the merits of its case, the court denied its motion for a…
ACQUISITIONS & MERGERS—N.D. Cal.: Media consumers' effort to block Paramount/Warner Bros. merger again dismissed

ACQUISITIONS & MERGERS—N.D. Cal.: Media consumers' effort to block Paramount/Warner ...

October 22, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Refocusing and narrowing of market definitions in amended complaint did not cure the infirmities of initial complaint that failed to plausibly plead antitrust individuals' standing. The federal district court in Oakland, California has dismissed the amended private challenge complaint to Paramount Skydance Corp.'s proposed acquisition of Warner Bros. Discovery. Even as amended, the complaint failed to support the plaintiffs' antitrust standing. Having found the antitrust injury allegation…
DAMAGES—CHEMICAL PRODUCTS—Pa. Super.: Exxon loses appeal challenging $725 million compensatory award in gasoline-related leukemia case

DAMAGES—CHEMICAL PRODUCTS—Pa. Super.: Exxon loses appeal challenging $725 million ...

October 22, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The gasoline maker failed to establish that the trial court abused its discretion in upholding the jury’s compensatory damages award or that the award violated due process. In an action brought against a gasoline manufacturer by a man who developed leukemia after occupational exposure to gasoline decades earlier, the Pennsylvania Superior Court affirmed a judgment against Exxon Mobil Corporation. The manufacturer’s claim that the $725 million compensatory damages award was excessive and…
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…

EXPERT INSIGHTS—NLRB Advice Memo Clears Employer in Political Protest Firings and Signals Future Action
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October 22, 2026 | By Tim K. Garrett
Key Takeaways ·The NLRB’s Division of Advice found no NLRA violation in a companys firing of two employees who organized a political protest on company property, concluding the protest lacked a sufficient link to protected concert...

EXPERT INSIGHTS—Second Circuit Holds EFAA Invalidates Arbitration Agreements for All Claims in Cases Involving Sexual Harassment
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October 22, 2026 | By Gabrielle Levin & Emily F. Murphy
Decision Alert: Diaz-Roa v. Hermes Law, P.C ., No. 24-3223-CV, 2026 WL 2931801 (2d Cir. Sept. 30, 2026). Introduction On September 30, 2026, the U.S. Court of Appeals for the Second Circuit issued its opinion in Diaz-Roa v. Hermes...

FRAUD AND MANIPULATION—S.D.N.Y.: Court rejects CFTC-Gemini bid to vacate consent order
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October 22, 2026 | By Rebecca E. Hoffman, J.D.
The court was not persuaded by subsequent shifts in enforcement priorities. The Southern District of New York denied a motion brought jointly by Gemini Trust Company, LLC and the CFTC to vacate a January 2025 consent order carryin...

CORPORATE GOVERNANCE—N.M. Dist.: New Mexico Court Orders Meta to Pay $25B Over Privacy Misrepresentations
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October 22, 2026 | By Tom Leithauser
A New Mexico state court today imposed a $25 billion penalty on Meta Platforms, Inc., after finding that the social media giant misrepresented its privacy practices in violation of the state’s Unfair Practices Act. Meta said it wo...

Allowing DoD to Blacklist Anthropic Undermines Contractors’ Rights, Court Told
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October 22, 2026 | By Tom Leithauser
A court ruling that upheld the Department of Defense’s designation of Anthropic as a national security risk threatens to undermine the right of contractors to set limits on the work they perform for the government, according to fo...

Federal Court: OPM Unlawfully Gave DOGE Staff Access to Personal Data
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October 22, 2026 | By Tom Leithauser
The Office of Personnel Management violated federal law by giving personnel from the White House Department of Government Efficiency (DOGE) access to personally identifiable information (PII) in OPM’s databases, according to a fed...

EXPERT INSIGHTS—FinCEN Targets $17.5 Billion In Suspected Health Care Fraud
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October 22, 2026 | By Patrick A. Zancolli
On September 9, 2026, the U.S. Department of the Treasury announced that its Financial Crimes Enforcement Network ("FinCEN") has identified approximately $17.5 billion in suspicious financial activity potentially linked to health ...

ADVERTISING (FOOD, DRUG & MEDICAL DEVICES)—N.D. Cal.: Henry Meds must collect ESI from cloud-based platforms
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October 22, 2026 | By Sherri M. Schroeder, J.D.
The court ordered the telehealth platform to collect electronically stored information from five cloud-based platforms, review the documents, and produce any responsive to the existing document production request from Eli Lilly. E...

EXPERT INSIGHTS—FDIC issues proposal on bank merger transactions, signaling modernized approach to merger review
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October 22, 2026 | By Mark Chorazak & Nate Balk & Melissa Dorow
Executive Summary What's new: On September 17, 2026, the FDIC announced a proposed rule that would reform key facets of the agency's approach to processing and evaluating merger transactions subject to the Bank Merger Act, aiming ...

UNFAIR DECEPTIVE ABUSIVE ACTS OR PRACTICES—New York City bill proposes $2,500 private right of action for unfair business practices
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October 22, 2026 | By Lauren Bikoff, MLS
If enacted, the law would take effect immediately. The New York City Council introduced the People and Organizations Winning Economic Relief (POWER) Act (Int. No. 1105 ) on October 8, at Mayor Zohran Mamdani’s request, proposing t...

PATENT—Fed. Cir.: Validity of search-engine patent affirmed, Google had petitioned for inter partes review
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October 22, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB’s) determination that Google LLC did not demonstrate the unpatentability of claims 1 through 23 of a patent on merging search-result lists. In a non-precedenti...

TRADEMARK—D.N.J.: Retailer’s counterclaims in trademark infringement case barred by claim preclusion
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October 22, 2026 | By Steven D. Cole, J.D.
All but one of the counterclaims were, or could have been, litigated in a prior action, resulting in their dismissal. A federal district court in New Jersey held, in what it termed a “spice saga” that “hearkens back to 1944,” that...

ADVERTISING—9th Cir.: Aéropostale legging purchaser given leave to amend list price suit
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October 22, 2026 | By Jody Coultas, J.D.
A consumer may be able to show an injury under a price premium theory by alleging facts regarding the true value of the leggings purchased. The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a Washington Consume...

ANTITRUST—D. Nev.: Las Vegas Sun lacked irreparable harm to enforce distribution by Review-Journal pending trial
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October 22, 2026 | By Justin Marcus Smith, J.D.
After a Ninth Circuit writ of mandamus derailed the district court effort to preserve the status quo pending trial, the district court determined the Sun would not suffer irreparable harm without a preliminary injunction. In the l...

JURISDICTION—CHEMICAL PRODUCTS—N.D. Miss.: Toxic chemical exposure case remanded for lack of complete diversity
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October 22, 2026 | By Susan L. Smith, JD, MA
The district court found that the plaintiffs stated a plausible cause of action against the nondiverse defendants. A federal district court in Mississippi granted individuals’ amended motion to remand their complaint, which assert...

CPSC NEWS—INDUSTRIAL AND COMMERCIAL EQUIPMENT—Lithonia Lighting recalls luminaires over falling fixture hazard
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October 22, 2026 | By WK Editorial Staff
The firm will arrange for a qualified professional to replace the adjustable tilt arm mount with a new complete adjustable arm assembly. Lithonia Lighting is recalling about 11,532 RSX luminaires with certain adjustable tilt arm m...
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