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  • FEDERAL PREEMPTION—D. Utah: CFTC sues to block Utah’s event-contract enforcement

    FEDERAL PREEMPTION—D. Utah: CFTC sues to block Utah’s event-contract enforcement

    FEDERAL PREEMPTION—D. Utah: CFTC sues to block Utah’s event-contract enforcement
    October 28, 2026 | By Suzanne Cosgrove
    The agency’s filing follows Utah’s October 20 state enforcement action against prediction markets run by Kalshi and Susquehanna. The CFTC has sued the state of Utah and Utah Attorney General Derek Brown in a bid to block Utah’s efforts to shut down CFTC-registered contract markets using state laws. The lawsuit follows Utah’s decision to file civil enforcement actions in state court against CFTC-regulated markets, including the Kalshi exchange (U.S. v. Stat...
FRANCHISING & DISTRIBUTION—S.D. Ohio: Magnolia Soap franchisee’s false advertising claims survive dismissal

FRANCHISING & DISTRIBUTION—S.D. Ohio: Magnolia Soap franchisee’s false advertising claims survive dismissal

October 28, 2026 | By Martin A. Steinberg, J.D.
A franchise agreement’s integration clause did not bar Lanham Act and state false advertising claims alleging misleading representations about franchise profitability and product ingredients. The fede...
WAGE-HOUR—5th Cir.: Public officials may not invoke qualified immunity in FLSA retaliation suits

WAGE-HOUR—5th Cir.: Public officials may not invoke qualified immunity in FLSA ...

October 28, 2026 | By Jason Albright, J.D.
“The FLSA’s silence does not resolve the issue.” A public official may not invoke qualified immunity in an FLSA retaliation suit, the Fifth Circuit held in a matter of first impression. The common law did not immunize malicious retaliation when Congress authorized private FLSA retaliation suits, and the policies underlying qualified immunity do not justify extending the defense to such claims, the federal appeals court found. The underlying case involved an academic advisor at Texas A&M…
NASAA NEWS AND SPEECHES—NASAA urges SEC to withdraw proposed crypto exemptions

NASAA NEWS AND SPEECHES—NASAA urges SEC to withdraw proposed crypto exemptions

October 27, 2026 | By R. Jason Howard, J.D.
NASAA says the proposed framework lacks retail-investor safeguards and exceeds the SEC’s authority to preempt state registration and qualification requirements. A NASAA comment letter to the SEC urges it to withdraw proposed Regulation Crypto Assets and repropose exemptions with stronger retail-investor protections. In its letter, NASAA said the framework would remove key disclosure, filing, and resale protections and exceed the SEC’s authority to preempt state securities regulation. According…
AI CEOs Asked to Report Autonomous Hacking Incidents to Lawmakers Within 48 Hours

AI CEOs Asked to Report Autonomous Hacking Incidents to Lawmakers Within 48 Hours

October 28, 2026 | By Tom Leithauser
The top Democrats on three House committees have asked leading AI (artificial intelligence) developers to tell lawmakers within 48 hours about incidents involving autonomous hacking and other misbehavior by AI models. The Democrats made their request in letters sent yesterday to the chief executive officers of Anthropic, Google LLC, Meta Platforms, Inc., OpenAI, and SpaceXAI. The letters were signed by Reps. Frank Pallone Jr. (D., N.J.), ranking member of the Energy and Commerce Committee; Zoe…
DRUGS AND BIOLOGICS—D.N.J.: Drugmaker loses cancer drug patent term extensions after missing statutory filing deadline by one day

DRUGS AND BIOLOGICS—D.N.J.: Drugmaker loses cancer drug patent term extensions after ...

October 28, 2026 | By Ravindra Kumar Singh, B.L.
The drugmaker’s attempt to rely on a corrected FDA approval letter failed because the original approval triggered the statutory 60-day filing period, leaving its patent term extension applications one day late. A pharmaceutical company lost its bid to extend two patents associated with a cancer drug after a federal district court in New Jersey has upheld the U.S. Patent and Trademark Office’s (USPTO) rejection of its applications as untimely. The court held that the 60-day filing period under…
BANK SECRECY ACT—D. Or.: 21 state AGs challenge FinCEN final rule rolling back beneficial information reporting

BANK SECRECY ACT—D. Or.: 21 state AGs challenge FinCEN final rule rolling back ...

October 28, 2026 | By Lauren Bikoff, MLS
The plaintiffs also seek to stop FinCEN from deleting previously collected beneficial-ownership data. Oregon and 20 other plaintiff jurisdictions have sued to vacate the Treasury Department’s Financial Crimes Enforcement Network’s (FinCEN) 2025 interim and 2026 final beneficial-ownership reporting exemptions, alleging the agency exceeded its authority by excluding almost all companies covered by the Corporate Transparency Act (CTA). They also seek an injunction and an Administrative Procedure…
COPYRIGHT NEWS: Musician Neil Young sues Trump committee for use of song at political rally

COPYRIGHT NEWS: Musician Neil Young sues Trump committee for use of song at political ...

October 28, 2026 | By Brian Craig, J.D.
The complaint seeks $10 million in damages and injunctive relief for unauthorized use of the song “Rockin’ in the Free World.” Singer and songwriter Neil Young has filed a copyright infringement suit against the election committee for President Donald Trump in the federal district court in Richmond, Virginia, seeking $10 million in damages and an injunction for unauthorized use of the song “Rockin’ in the Free World” at a campaign rally in Ohio. The singer alleges that the Trump election…
CONSUMER PROTECTION NEWS: FTC files complaint against Dollar General for systemic overcharge of customers

CONSUMER PROTECTION NEWS: FTC files complaint against Dollar General for systemic ...

October 27, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Dollar General views the complaint as "unreasonable demands for redress using assumptions and methodology the Company believes are unsupported and materially overstate any alleged consumer harm." The FTC, joined by the attorneys general and other enforcement officials of 20 states, has filed a complaint against Dollar General Corporation in a federal district court in Nashville, Tennessee, according to the agency. The complaint alleges that the prices Dollar General actually charges its…
SUPPLY CHAIN LIABILITY ISSUES—MOTOR VEHICLES—E.D. Mo.: Polaris’ sales subsidiary wins summary judgment in worker’s ATV injury action

SUPPLY CHAIN LIABILITY ISSUES—MOTOR VEHICLES—E.D. Mo.: Polaris’ sales subsidiary wins ...

October 28, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
A downstream seller was entitled to dismissal under the innocent seller statute as the statute applied to federal diversity actions and the company showed good cause for its delay in invoking the doctrine. In an action brought against an all-terrain vehicle’s (ATV) manufacturer and its seller for injuries sustained by a man while operating the ATV, a federal district court in Missouri granted summary judgment to the seller under Missouri’s innocent seller statute, finding that its potential…
DISCHARGE—S.D.N.Y.: Maurene Comey’s removal from AUSA position was unlawful

DISCHARGE—S.D.N.Y.: Maurene Comey’s removal from AUSA position was unlawful

October 27, 2026 | By Kathleen Kapusta, J.D.
“Defendants’ argument that Article II bars Congress from regulating the removal of AUSAs flies in the face of nearly two centuries of Supreme Court precedent, rooted in the text of the appointments Clause, holding that Congress may generally restrict the removal of ‘inferior officers.’” Maurene Comey’s removal from her role as Assistant United States Attorney (AUSA) in the criminal division of the U.S. Attorney’s Office for the Southern District of New York was unlawful, a federal court in New…

EXPERT INSIGHTS—California: election day voting notice for employers
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October 28, 2026 | By Gabriella Stevens
Election Day is almost here. What implications does that have for employers? Employers are required to post the official "Time Off to Vote" notice no later than October 24 to be in time for the November 3 general election. The not...

EXPERT INSIGHTS—When your AI notetaker becomes a plaintiff’s lawyer’s new best friend: key employer lessons from recent discrimination ...
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October 28, 2026 | By David J. Walton & Usama Kahf
The plaintiff’s complaint alleges that an AI transcript of a meeting she left included remarks by her superiors describing the “ideal person” for her former position as a “relatively strapping young man.” Does this situation sound...

PROXIES—CalPERS urges SEC to retain shareholder proposal framework
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October 28, 2026 | By Anne Sherry, J.D.
Rescinding Rule 14a-8 would result in a patchwork of state laws and corporate bylaws as well as weaken shareholder rights, the pension fund writes. In a comment letter opposing the SEC’s proposed rescission of Rule 14a-8, CalPERS ...

FORMS AND FILINGS—D. Or.: 21 state AGs challenge FinCEN final rule rolling back beneficial information reporting
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October 28, 2026 | By Lauren Bikoff, MLS
The plaintiffs also seek to stop FinCEN from deleting previously collected beneficial-ownership data. Oregon and 20 other plaintiff jurisdictions have sued to vacate the Treasury Department’s Financial Crimes Enforcement Network’s...

DoJ to Appeal Federal Court Ruling That Derailed TikTok Privacy Settlement
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October 28, 2026 | By Tom Leithauser
The Trump administration is appealing a district court decision that upended a deal reached between the Department of Justice and TikTok to settle charges that TikTok violated the Children’s Online Privacy Protection Act (COPPA). ...

Encryption Tools Vulnerable to Quantum Attacks Will Be Discarded in 2035, NIST Says
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October 28, 2026 | By Tom Leithauser
Encryption tools that won’t protect data from quantum-enabled cyber attacks will be disallowed on federal systems after 2035, the National Institute of Standards and Technology announced yesterday. NIST made the announcement in a ...

EXPERT INSIGHTS: Price transparency under the FTC Act: What healthcare providers should know
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October 28, 2026 | By Kristen Lane O'Brien & Jeffrey Louis Davis, Benjamin Genn, Kwamina Williford & Miranda A. Franco
Highlights The Federal Trade Commission (FTC) sent warning letters to 24 of the nation's largest healthcare services companies stating that providers are expected to give patients timely, accurate and complete pricing information ...

GENERAL HEALTH CARE NEWS—D.D.C.: FDA continues to reduce massive FOIA backlog, justifying more FOIA litigation stay extensions
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October 28, 2026 | By Justin Marcus Smith, J.D.
The court ordered another six-month stay extension in litigation about a pertussis FOIA request, but it also ordered the parties to prepare a joint status report with a proposed FDA schedule for fulfilling the request. The FDA sat...

CONSUMER FINANCIAL PROTECTION BUREAU—CFPB modifies complaint process, enforcement, and exams
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October 28, 2026 | By Lauren Bikoff, MLS
The CFPB closed 1,327 of 1,552 open Supervisory Actions and 66 of 80 reassessed examinations as it redirected oversight toward new priorities. The Consumer Financial Protection Bureau’s semiannual report covering January through J...

FEDERAL OPEN MARKET COMMITTEE—FOMC holds interest rates steady
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October 28, 2026 | By WK Editorial Staff
Two FOMC members opposed the monetary policy action because they preferred a 1/4-percentage-point increase in the federal funds target range at the meeting. The Federal Open Market Committee has approved a statement by a 10–2 vote...

COPYRIGHT—7th Cir.: Collective-work copyright in ‘gestalt’ psychotherapy applies only to the whole
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October 28, 2026 | By Matthew Hersh, J.D.
The copyright, like the subject matter it covers, does not emphasize the individual parts. The copyright to a collective work in a field of psychology that focuses on the total self as opposed to individual personality traits was ...

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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October 28, 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...

ANTITRUST—E.D. Pa.: ImageFIRST may proceed with counterclaims against uniform provider Cintas in messy employee poaching dispute
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October 28, 2026 | By Justin Marcus Smith, J.D.
It was not facially apparent, under the Noerr-Pennington doctrine, that Cintas had a legitimate petitioning purpose in suing ImageFIRST for poaching Cintas employees. In a Cintas Corporation lawsuit against ImageFIRST Healthcare L...

RICO—S.D.N.Y.: Sportswear companies’ claims dismissed against distribution brokers
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October 28, 2026 | By Steven Melendez
The companies failed to show either a closed period of repeated conduct or past conduct that by its nature projected into the future with a threat of repetition. The federal district court in New York City dismissed a Racketeer In...

EVIDENTIARY ISSUES—MOTOR VEHICLE EQUIPMENT—Ill. App.: Driver remains on the hook, as appellate court finds no evidence steering wheel defect ...
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October 28, 2026 | By Molly Platnick
Court affirmed the evidence was correctly excluded, Nissan had no duty to warn, and the jury verdict was legally consistent. An Illinois appellate court affirmed the trial court’s judgment against a driver who sued Nissan and a lo...

SUPPLY CHAIN LIABILITY ISSUES—INDUSTRIAL AND COMMERCIAL EQUIPMENT—E.D. Pa.: Asset purchase agreement bars claims against Terex in cement ...
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October 28, 2026 | By Patricia K. Ruiz, J.D.
The purchaser was entitled to summary judgment because the purchase agreement expressly excluded liabilities arising from the seller's pre-closing operations. A federal court in Pennsylvania granted summary judgment to Terex Corp....
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