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  • PATENT—E.D. Wis.: Patent infringement case against medical technology company Biotronik will proceed

    PATENT—E.D. Wis.: Patent infringement case against medical technology company Biotronik will proceed

    PATENT—E.D. Wis.: Patent infringement case against medical technology company Biotronik will proceed
    November 12, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
    The district court ruled that judgment on the pleadings was inappropriate because the Federal Circuit’s decisions on patent law are binding on its resolution of the dispute. In a patent infringement dispute regarding cardiac/medical device technology and related patents, the U.S. District Court for the Eastern District of Wisconsin denied the defendants’ motion for judgment on the pleadings because they made the same argument the Federal Circuit rejected i...
DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—Cal. App.: Summary judgment for car seat manufacturer in GM crash that left woman paralyzed is reversed on appeal

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—Cal. App.: Summary judgment for car seat manufacturer in GM crash ...

November 12, 2026 | By Molly Platnick
The court found that following GM specifications was not a defense to strict liability. A California appellate court reversed and remanded summary judgment for a car seat manufacturer in a case brough...
ARBITRATION—9th Cir.: SpaceX can’t compel former employees to arbitrate claims they were fired for opposing sexual harassment

ARBITRATION—9th Cir.: SpaceX can’t compel former employees to arbitrate claims they ...

November 12, 2026 | By Kathleen Kapusta, J.D.
By alleging SpaceX retaliated against them for opposing conduct that they asserted amounts to sexual harassment—Elon Musk’s Twitter posts—the employees alleged conduct constituting a sexual harassment dispute. Rejecting SpaceX’s contention that the EFAA requires that sexual harassment allegations must state a claim that would survive a motion to dismiss under the federal pleading standard, a divided Ninth Circuit held that, in deciding whether the statute’s definition of “sexual harassment…
DERIVATIVES—S.D.N.Y.: SEC says it’s reviewing CFTC’s approval of single-stock perpetual futures

DERIVATIVES—S.D.N.Y.: SEC says it’s reviewing CFTC’s approval of single-stock ...

November 12, 2026 | By Lene Powell, J.D.
The SEC said it “respectfully takes no position” pending a 60-day review of a CFTC approval of equity perpetual contracts. The SEC has submitted a proposed amicus brief in a lawsuit challenging the CFTC’s recent approval of perpetual contracts on individual equity securities. The SEC said it is reviewing the CFTC’s approval pursuant to its own authority over security futures and currently takes no position on whether the CFTC rule changes should be abrogated and required to undergo…
State Utility Regulators Ask Congress for Help Defending Water Systems From Hackers

State Utility Regulators Ask Congress for Help Defending Water Systems From Hackers

November 12, 2026 | By Tom Leithauser
A resolution calling on Congress to take steps to shore up the cyber defenses of water utilities was adopted yesterday by the board of the National Association of Regulatory Utility Commissioners (NARUC). The resolution was adopted at NARUC’s annual meeting and was largely unchanged from the version introduced by New Jersey Board of Public Utilities Commissioner Michael Bange (CPR, Nov. 6). It asks Congress to “remedy the funding shortfall” facing the Cybersecurity and Infrastructure Security…
FALSE CLAIMS ACT—N.D. Ind.: Court prescribes trial for hospital facing FCA allegations in connection with 340B diversion, retaliation

FALSE CLAIMS ACT—N.D. Ind.: Court prescribes trial for hospital facing FCA allegations ...

November 12, 2026 | By Justin Marcus Smith, J.D.
Disputed evidence that a pharmacy director reported allegedly unlawful 340B patient qualification and was then suspended and discharged required a jury to resolve retaliation and defamation claims. The U.S. District Court for the Northern District of Indiana denied summary judgment on claims for retaliation under the False Claims Act and defamation under Indiana law. In reaching its denial, the court found that evidence could permit a reasonable jury to find that a hospital pharmacy director…
DIRECTORS, OFFICERS AND EMPLOYERS—Banking groups support Regulation O updates, differ on lending limit

DIRECTORS, OFFICERS AND EMPLOYERS—Banking groups support Regulation O updates, differ ...

November 12, 2026 | By Charles A. Menke, J.D.
The ABA and ABASA seek a $2,000,000 executive-officer other-purpose loan threshold, while ICBA supports the proposed $400,000 limit. The American Bankers Association (ABA) and ABA Securities Association (ABASA) called for a $2,000,000 executive-officer other-purpose loan threshold in a Nov. 4, 2026, joint comment letter in response to insider-lending proposals issued by the Federal Reserve Board and the Federal Deposit Insurance Corporation. The Independent Community Bankers of America (ICBA),…
PATENT—D. Del.: Netflix must face infringement claims involving video caching and streaming patents

PATENT—D. Del.: Netflix must face infringement claims involving video caching and ...

November 10, 2026 | By Ravindra Kumar Singh, B.L.
Although the video streaming patents claimed abstract ideas, their allegedly unconventional caching arrangements supplied sufficient inventive concepts to withstand dismissal. Netflix, Inc. must defend claims that its streaming platform infringes three patents covering distributed video caching and partial video pre-fetching technologies, after a federal district court in Delaware rejected its challenge to patent eligibility and the sufficiency of the infringement allegations. The court…
ACQUISITIONS & MERGERS NEWS: CMA decides Akzo Nobel / Axalta merger may lessen competition

ACQUISITIONS & MERGERS NEWS: CMA decides Akzo Nobel / Axalta merger may lessen ...

November 12, 2026 | By Peter Reap, J.D., LL.M.
The UK antitrust enforcer also announced that it is inviting comments on Pilgrim's Pride's proposed acquisition of Walkers Deli & Sausage Co. The UK Competition & Merkets Authority (CMA) announced on November 11 that it has decided, on the evidence currently available to it, that it is or may be the case that the proposed merger of chemical and paint products companies Akzo Nobel N.V. (AkzoNobel) and Axalta Coating Systems Ltd. may be expected to result in a substantial lessening of…
COMPLAINTS—ELECTRONIC PRODUCTS—Google faces lawsuit over student’s access to Gemini through school-issued Chromebook

COMPLAINTS—ELECTRONIC PRODUCTS—Google faces lawsuit over student’s access to Gemini ...

November 10, 2026 | By WK Editorial Staff
The chatbot engaged the minor in discussions involving self-harm and suicide, the complaint asserts. The parents of a 13-year-old student have sued Google LLC and Alphabet Inc. on their child’s behalf, alleging that Google’s Gemini chatbot contributed to a severe mental health crisis after the student accessed the technology through a school-issued Chromebook. The parents seek compensatory and punitive damages, injunctive and declaratory relief, and a jury trial. The case was recently removed…
SUPREME COURT NEWS—High Court passes on case testing judicial scrutiny of NLRB adjudicative precedents

SUPREME COURT NEWS—High Court passes on case testing judicial scrutiny of NLRB ...

November 10, 2026 | By Brandi O. Brown, J.D.
The Court declined the opportunity to weigh in on whether courts must independently interpret agency precedents announced through adjudication, denying review of a petition that argued the NLRB had effectively rewritten one of its own labor-law rules. The U.S. Supreme Court declined to review a petition in Rieth-Riley Construction Co. v. NLRB , wherein the employer argued that the Sixth Circuit had improperly allowed the National Labor Relations Board to reinterpret one of its own longstanding…

EXPERT INSIGHTS—Before the algorithm decides: Connecticut's 2027 rules for artificial intelligence in employment
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November 12, 2026 | By Victoria Stockton Breese & Tori Esquivel
Beginning in 2027, Connecticut employers using artificial intelligence (AI) in recruiting or workforce management will face new disclosure requirements under Connecticut Public Act 26-15, enacted in 2026 as part of the state's bro...

EXPERT INSIGHTS—Wisconsin court expands employers' duty to rehire injured workers
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November 12, 2026 | By Daniel D. Barker & Justin M. Davis, Michaela A. Utrup & John T. Woodson
Takeaways The Wisconsin Court of Appeals' recent Bartelt decision clarified that claimants' bringing an "unreasonable failure to rehire" claim under the Worker's Compensation Act, Wis. Stat. §102.35(3), need only show employment, ...

PROXIES—CII opposes overturning federal shareholder proposal framework
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November 12, 2026 | By Anne Sherry, J.D.
Separately, the Investment Advisers Association wrote in support of the proposal to rescind the pay-to-play rule. The Council of Institutional Investors (CII) opposes the SEC’s proposals to rescind Rule 14a-8, the federal regulati...

PROXIES—Delaware bar proposes trigger law in the event SEC rescinds Rule 14a-8
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November 12, 2026 | By Mark S. Nelson, J.D.
The proposed legislation would specify how shareholders of Delaware companies can bring forth precatory proposals in the absence of relevant federal law. Nearly a year ago, SEC Chair Paul S. Atkins publicly challenged companies in...

Congress Should Wait Until 2027 to Renew Surveillance Law, Privacy Groups Say
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November 12, 2026 | By Tom Leithauser
Congress should avoid adopting legislation to renew an expired surveillance law during its current lame-duck session and should instead give members of the 120th Congress an opportunity to renew the law with privacy-enhancing amen...

Hearing Set for CISA Director Nominee
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November 12, 2026 | By Tom Leithauser
The Senate Homeland Security and Governmental Affairs Committee has scheduled a hearing to consider the nomination of Michael LoSapio to be director of the Cybersecurity and Infrastructure Security Agency. The nomination of Mr. Lo...

EXPERT INSIGHTS—DOJ Fraud Division launches Whistleblower Rewards Program offering fast-track payments for fraud tips
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November 12, 2026 | By Jacquelyn Papish & John H. Lawrence, Caila Wagar & John E. Kelly
Highlights Fast-track awards tied to criminal charges : The U.S. Department of Justice's (DOJ) National Fraud Enforcement Division's new Fraud Whistleblower Incentive Program (WHIP) will pay tipsters $10,000 to $30,000 for origina...

MEDICARE PART C / MEDICARE ADVANTAGE—E.D. Pa.: Federal Arbitration Act equitable-relief carve-out excludes challenges to Medicare Advantage ...
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November 12, 2026 | By Jeffrey H. Brochin, J.D.
Claims seeking to reverse an ongoing reimbursement policy through specific performance and declaratory relief fall outside arbitration clauses that expressly exclude equitable claims. A federal District Court in Pennsylvania has d...

FEDERAL RESERVE SYSTEM—Fed OIG flags unexpected vacancies, urges maintaining supervisory expertise
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November 12, 2026 | By Charles A. Menke, J.D.
The inspector general reports that 71 percent of Federal Reserve Board officers will be eligible for full or early retirement by the end of 2029. Staffing reductions at the Federal Reserve Board have created a significant number o...

PRUDENTIAL REGULATION—OCC clarifies guarantor support limits for commercial credit pass ratings
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November 12, 2026 | By Charles A. Menke, J.D.
Reliance on guarantor support for a possible risk-rating enhancement is generally precluded when banks lack current financial information about the guarantor, the OCC said. The Office of the Comptroller of the Currency has clarifi...

PUBLICITY RIGHTS—10th Cir.: NCAA secures reversal of preliminary injunction enjoining new ‘Five Year Rule’ on appeal
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November 12, 2026 | By Justin Marcus Smith, J.D.
Individual athletic programs within a Division I university, not all NCAA university members, were ultimately the employers for purposes of market-definition analysis, and they were not interchangeable. Student-athlete plaintiffs ...

TRADEMARK—TTAB: 'NO SHAVE' is too generic for trademark registration
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November 12, 2026 | By Sherri M. Schroeder, J.D.
TTAB affirmed the refusal to register the trademark proposed by Advanced Hair Restoration because the mark was generic for a type of medical procedure within the scope of the services identified. A Trademark Examining Attorney (TE...

ADVERTISING—N.D. Cal.: Anthropic must face consumer deception and contract claims over Claude Max usage promises
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November 12, 2026 | By Martin A. Steinberg, J.D.
Consumers plausibly alleged Anthropic’s promises of five or 20 times more usage under its premium Claude Max plans were misleading. The federal district court in San Francisco, California held that Claude Max subscribers plausibly...

ANTITRUST—11th Cir.: District court improperly certified judgment in suit against realtors and brokerages
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November 12, 2026 | By Brian Craig, J.D.
Equitable considerations did not support an immediate appeal from the district court’s order approving settlements against certain brokerages. The U.S. Court of Appeals for the Eleventh Circuit has dismissed an appeal bought by no...

PREEMPTION—TOBACCO PRODUCTS—E.D. La.: Warning defect claims against Philip Morris preempted only as to post-1969 conduct in smoker death case
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November 12, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Federal law preempts state-law claims based on cigarette advertising, promotion, or labeling after July 1, 1969, but does not bar claims arising from earlier conduct. In an action brought against a cigarette manufacturer by the su...

CPSC NEWS—BABY PRODUCTS—Nursing pillows recalled over suffocation risk, safety standard violation
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November 12, 2026 | By WK Editorial Staff
Customers will be offered a full refund. Kikea Store, of China, is recalling about 19,596 X-VESOLJE Nursing Pillows because they violate mandatory safety standards for nursing pillows and can obstruct an infant’s breathing, posing...
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