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  • BANK SECRECY ACT—FinCEN withdraws unhosted-wallet CVC proposal, CVC-mixing finding and proposal

    BANK SECRECY ACT—FinCEN withdraws unhosted-wallet CVC proposal, CVC-mixing finding and proposal

    BANK SECRECY ACT—FinCEN withdraws unhosted-wallet CVC proposal, CVC-mixing finding and proposal
    October 5, 2026 | By Patricia K. Ruiz, J.D.
    The wallet proposal would have required banks and money services businesses to report covered transactions above $10,000 and keep records for those above $3,000. The Financial Crimes Enforcement Network (FinCEN) is withdrawing its 2020 proposal for certain transactions involving convertible virtual currency (CVC) or digital assets with legal-tender status, as well as its 2023 finding and proposed special measure for international CVC mixing. Both withdrawa...
Flock’s Nationwide ‘Surveillance’ Network Endangers Constitutional Rights, Schumer Says

Flock’s Nationwide ‘Surveillance’ Network Endangers Constitutional Rights, Schumer Says

October 5, 2026 | By Tom Leithauser
The ability of authorities to search data collected by Flock Safety’s automatic license plate readers (ALPRs) in jurisdictions other than their own “presents a unique and immediate threat” to American...
COVERAGE, LIABILITY—9th Cir.: PREP Act immunity applies to officials in city employee’s COVID-19 case

COVERAGE, LIABILITY—9th Cir.: PREP Act immunity applies to officials in city ...

October 6, 2026 | By Todd Harrison, J.D.
After receiving a religious exemption from the city’s vaccination policy, the employee contended that requiring him to test and wear masks created a hostile work environment. Affirming a district court’s dismissal and denial of a motion for reconsideration of a City of Pasadena employee’s claims surrounding its COVID-19 vaccination policies, the Ninth Circuit agreed with the lower court that the defendants had immunity from all the employee’s claims under the Public Readiness and Emergency…
ENFORCEMENT—SEC censures JPMorgan for allowing disqualified person to trade SBS

ENFORCEMENT—SEC censures JPMorgan for allowing disqualified person to trade SBS

October 5, 2026 | By Anne Sherry, J.D.
JPMorgan was in the process of seeking the SEC’s permission to allow the statutorily disqualified person to effect swaps. Two JPMorgan affiliates settled SEC charges connected with a disqualified person’s involvement in security-based swap transactions. According to the SEC’s order, the firms knew that the trader had been statutorily disqualified, but they didn’t have adequate systems or supervisory procedures to flag that he had started trading before the SEC allowed it. The cease-and-desist…
Bicameral Legislation Would Ban Federal Use of License Plate Scanners

Bicameral Legislation Would Ban Federal Use of License Plate Scanners

October 2, 2026 | By Tom Leithauser
Federal agencies would be barred from using automatic license plate readers (ALPRs) or data collected by ALPRs under bicameral legislation unveiled today. The Ban Flock Act (H.R.10691 , 119th Cong. (2026)), which is named after Flock Safety, a leading ALPR vendor, was introduced in the House by Alexandria Ocasio-Cortez (D., N.Y.). A Senate version will be introduced by Sens. Bernie Sanders (I., Vt.) and Jeff Merkley (D., Ore.). The legislation would prohibit “the head of any Federal agency and…
DIETARY SUPPLEMENTS—S.D. Cal.: Consumers could be reasonably misled by failure to disclose that 300 mg dosage required consumption of two gummies

DIETARY SUPPLEMENTS—S.D. Cal.: Consumers could be reasonably misled by failure to ...

October 5, 2026 | By Jeffrey H. Brochin, J.D.
Where front label of ashwagandha gummies displayed a dosage without specifying if the dosage was per gummie or per serving, the fine-print ingredients list on the product’s back label did not absolve the Manufacturer of liability for deceptive statements on the front label. A federal District Court in California has denied in part and granted in part the Motion to Dismiss filed by Target Corporation (Target or Manufacturer) in a lawsuit brought by a Consumer who alleged that Target violated…
EQUAL CREDIT OPPORTUNITY—CFPB releases Fair Lending Report

EQUAL CREDIT OPPORTUNITY—CFPB releases Fair Lending Report

October 2, 2026 | By Charles A. Menke, J.D.
The report highlights the Bureau efforts in transforming its fair lending program “by refocusing its regulatory, supervisory, and enforcement activities on its statutory authority and identified consumer harm.” The Consumer Financial Protection Bureau’s September 2026 Fair Lending Report for 2025 describes a shift toward matters involving proven, intentional racial discrimination with identifiable victims and away from disparate-impact liability. Consistent with an April 2025 executive order,…
COPYRIGHT NEWS—DEFEND IP legislation would target foreign piracy through judicial blocking orders

COPYRIGHT NEWS—DEFEND IP legislation would target foreign piracy through judicial ...

October 5, 2026 | By George Basharis, J.D.
A bipartisan proposal would give copyright owners a new judicial remedy against large-scale foreign piracy sites by requiring certain internet providers to prevent U.S. users from accessing sites designated for blocking. Copyright owners could seek federal orders targeting foreign websites under the newly introduced Deterring Extraterritorial Foreign Exploitation of Networks Damaging Intellectual Property (DEFEND IP) Act of 2026 . After a site receives a piracy designation, certain broadband…
ANTITRUST—D.N.J.: Revlimid buyers’ pay-for-delay antitrust claims survive drugmakers’ motion to dismiss

ANTITRUST—D.N.J.: Revlimid buyers’ pay-for-delay antitrust claims survive drugmakers’ ...

October 5, 2026 | By Martin A. Steinberg, J.D.
Purchasers plausibly alleged that Celgene’s settlement with Natco delayed generic Revlimid entry and used volume restrictions to enable Natco to charge supracompetitive prices. The federal court in Newark, New Jersey denied, in relevant part, the drugmakers’ motion to dismiss antitrust claims alleging that Celgene’s 2015 settlement with generic manufacturer Natco Pharma Ltd. constituted an unlawful “pay-for-delay” agreement involving Revlimid. The plaintiffs alleged that the settlement delayed…
DESIGN AND MANUFACTURING DEFECTS—ELECTRONIC PRODUCTS—D. Mass: Apple wins dismissal of consumer’s claims in watch’s fall detection case

DESIGN AND MANUFACTURING DEFECTS—ELECTRONIC PRODUCTS—D. Mass: Apple wins dismissal of ...

October 5, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The design and manufacturing defect counts failed because the subject watch was not designed to, or claimed to, detect all falls or trigger emergency assistance in every case. In an action brought against a watch manufacturer by an aged woman who suffered a serious brain injury after falling from her staircase and not receiving assistance for thirteen hours, a federal district court in Massachusetts granted the manufacturer’s motion to dismiss. The watch’s failure to detect her fall or contact…
LABOR—UNFAIR LABOR PRACTICES—NLRB: Starbucks made unlawful statements during captive audience meetings

LABOR—UNFAIR LABOR PRACTICES—NLRB: Starbucks made unlawful statements during captive ...

October 5, 2026 | By Ronald Miller, J.D.
However, a store manager’s statement that she would leave the store if employees voted to join the union, coupled with her statement about changing the character of the store, were a lawful expression of “views, argument, or opinion” under Section 8(c). A district manager and a store manager for a Starbucks location in Wisconsin made unlawful statements during captive audience meetings, ruled a three-member panel of the NLRB. The Board found that the employer violated Section 8(a)(1) by…

EXPERT INSIGHTS—New OSHA opioid overdose response guidance urges training, use of reversal medications: What your business needs to know
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October 6, 2026 | By John D. Surma & Travis W. Vance
OSHA’s new fact sheet is a useful reminder that workplace emergency plans should be equipped to address an opioid overdose. With opioid overdoses becoming a more commonplace issue in the workplace, OSHA just produced some new guid...

EXPERT INSIGHTS—The Lavender Ceiling: Patterns In Anti-LGBTQ+ Workplace Discrimination
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October 6, 2026 | By Ting Cheung & Hayden Deffarges
When the Workplace Stops Feeling Like a Place to Belong Despite meaningful progress in recent years, LGBTQ+ employees continue to encounter workplace discrimination based on sexual orientation, gender identity, and gender expressi...

SEC NEWS AND SPEECHES—Shareholder advocate objects to quorum rule change that would give single SEC commissioner power to act for Commission
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October 5, 2026 | By John Filar Atwood
James McRitchie makes no assumptions about how the new authority would be used, but objects to letting one person exercise powers that Congress gave to a five-person bipartisan commission. Shareholder advocate James McRitchie stro...

REGULATION TRACKER—Upcoming SEC and CFTC comment deadlines and effective dates
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October 5, 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: Crypto custody. The SEC proposed a regulatory framework under which, amo...

The Week in State Privacy and Cybersecurity Legislation—September 2026
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October 5, 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 ...

AI Task Force Formed to Coordinate White House Approach to ‘Super Intelligence’
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October 5, 2026 | By Tom Leithauser
A White House artificial intelligence (AI) task force led by Director of National Intelligence Jay Clayton will “coordinate the Federal Government's engagement with Consumers, Public Interest Groups, Religious Organizations, Criti...

FALSE CLAIMS ACT—N.D. Ga.: Court grants motion to dismiss in false claims action against orthopedic surgery health practice
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October 5, 2026 | By Sara Cracau, J.D.
Relator failed to plead adequately that he engaged in protected activity by complaining about his employer’s billing practices and that his employment was terminated due to that protected activity. A district court in Georgia has ...

CONTROLLED SUBSTANCES—NOTICES: DEA revokes methadone clinic registration over persistent compliance failures
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October 5, 2026 | By WK Editorial Staff
DEA said the counseling center’s years-long pattern of unresolved compliance problems, despite prior warnings and corrective agreements, demonstrated that revocation was necessary to deter future controlled-substance recordkeeping...

VITAL BRIEFING—Déjà vu, Trump’s forced labor tariffs in the docket
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October 5, 2026 | By Brad Rosen, J.D.
The tariffs, which have resulted in 10 to 12.5 percent levies that impact imports from 86 trading partners, are viewed by critics as another measure in the president’s tariff campaign rather than as a serious effort to combat forc...

BANKING OPERATIONS—ICBA urges OCC to deny Block’s Builders Bank national trust bank charter
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October 5, 2026 | By Colleen M. Svelnis, J.D.
The ICBA says Block’s indirect 100 percent ownership through two holding companies warrants parent-level capital, liquidity, and contingency-planning commitments. In an October 2, 2026, comment letter , the Independent Community B...

PATENT—D. Del.: Bayh-Dole Act offers no third-party defense in Northwestern University’s patent suit against Moderna
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October 5, 2026 | By Steven Melendez
The court found government contractors are protected from patent suit via 28 U.S.C. § 1498, not the Bayh-Dole Act’s government licensing scheme. A Delaware federal court struck elements of Moderna, Inc.’s defense based on the Bayh...

PATENT—D. Minn.: Waterproof phone pouch maker keeps design patent, trade dress claims alive
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October 5, 2026 | By Ravindra Kumar Singh, B.L.
An ordinary observer could find the competing pouch substantially similar, while factual disputes remained over the asserted trade dress's distinctiveness and functionality. A federal district court in Minnesota has largely denied...

ANTITRUST—S.D. Fla.: Employee who successfully alleged FEMA prime contractor wage restraints failed to allege antitrust conspiracy
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October 5, 2026 | By Justin Marcus Smith, J.D.
The employee suffered dismissal by default on a motion to dismiss because he failed to engage with the federal contractors’ arguments that he failed to allege an agreement among them. An employee who brought a putative no-poach wa...

ANTITRUST—S.D.N.Y.: Suit by pro tennis players against the ATP Tour and the WTA Tour can proceed
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October 5, 2026 | By Donielle Tigay Stutland, J.D.
Players’ antitrust suit plausibly alleged a decades-long anticompetitive scheme. The federal district court for the Southern District of New York denied motions to dismiss a suit brought by fifteen current and former professional ...

JURISDICTION—HOUSEHOLD PRODUCTS—D. Conn.: Defective lawnmower case sent back to state court
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October 5, 2026 | By Molly Platnick
The court granted product user’s motion to remand, finding he had state law claims against a non-diverse seller. The federal district court for the District of Connecticut granted an injured product user’s motion to remand in a ca...

PROPOSED RULES—ELECTRONIC PRODUCTS—CPSC schedules hearing on proposed lithium-ion battery safety standards
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October 5, 2026 | By WK Editorial Staff
The hearing is part of the rulemaking process for a June 2026 proposed rule. The Consumer Product Safety Commission (CPSC) has announced an opportunity for stakeholders to present oral comments on its proposed safety standard for ...
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Expert Insights

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  • Growing pushback to Automated License Plate Readers - Video Vital Briefing with Senior Analyst Tom Leithauser
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  • Anthropic v. U.S. Dept. of War - Video Vital Briefing with Senior Analyst George Gullo
  • Eleventh Circuit rejects one constitutional challenge but leaves open questions on FCA qui tam provisions

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