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  • INDIVIDUAL RIGHTS—5th Cir.: Coach, transferred after snubbing school board, failed to state constitutional claims

    INDIVIDUAL RIGHTS—5th Cir.: Coach, transferred after snubbing school board, failed to state constitutional claims

    INDIVIDUAL RIGHTS—5th Cir.: Coach, transferred after snubbing school board, failed to state constitutional claims
    October 26, 2026 | By Jason Albright, J.D.
    The events in the case began when a female student at Brownsville Veterans Memorial High School accused the coach’s son of filming and circulating an inappropriate video of her. A Texas coach and teacher, transferred to a position at another school in the Brownsville Independent School District after he refused to shake hands with several school board members and employees during a meeting to celebrate the successes of a team he coached, failed to state cl...
ANTI-KICKBACK PROHIBITION—D. Mass.: Orthopedic device maker must face fraud claims over sales commissions to independent contractors

ANTI-KICKBACK PROHIBITION—D. Mass.: Orthopedic device maker must face fraud claims over sales commissions to independent ...

October 26, 2026 | By Ravindra Kumar Singh, B.L.
Sales representatives’ operating-room presence, promotional meals, and efforts to sell costlier devices raised triable questions about unlawful kickbacks despite otherwise lawful commission arrangemen...
DISCRIMINATION—5th Cir.: Preliminary injunction against Mississippi law targeting DEI initiatives vacated, remanded

DISCRIMINATION—5th Cir.: Preliminary injunction against Mississippi law targeting DEI ...

October 23, 2026 | By Ronald Miller, J.D.
The fact that the district court twice referred to the Moody framework as “supposedly” required calls into question whether the judge even tried in good faith to follow the law. The Fifth Circuit vacated a preliminary injunction that had barred enforcement of legislation enacted by the State of Mississippi designed to keep Mississippi public education funds from being spent on diversity, equity, and inclusion (DEI) initiatives. The plaintiffs filed a pre-enforcement facial challenge, claiming…
SEC NEWS AND SPEECHES—SEC’s 2027 exam priorities include fiduciary obligations, use of super intelligence, and high-risk products

SEC NEWS AND SPEECHES—SEC’s 2027 exam priorities include fiduciary obligations, use of ...

October 26, 2026 | By John Filar Atwood
The staff said it also will emphasize making the exam process more transparent and accessible to the firms that it oversees. In fiscal 2027, the SEC’s Division of Examinations will continue to focus on fundamentals such as fiduciary obligations and conflicts of interest but also will prioritize firms’ use of super intelligence (SI), tokenization, and changes to market infrastructure. In remarks accompanying the release of the 2027 examination priorities report , Division Director Keith Cassidy…
House Democrats Demand Answers About ICE’s Use of ALPRs for ‘Unrestrained Surveillance’

House Democrats Demand Answers About ICE’s Use of ALPRs for ‘Unrestrained ...

October 26, 2026 | By Tom Leithauser
Thirty-five House Democrats are demanding that ICE provide details about its “potentially illegal” use of data collected by Flock Safety’s automatic license plate readers (ALPRs). “We write with serious concern regarding reports that Immigration and Customs Enforcement (ICE) has been accessing data from Flock Safety automatic license-plate-reader (ALPR) cameras, an AI-powered surveillance system, with no formal contract or governing agreement in place, creating serious concerns around data…
ADVERTISING (FOOD, DRUG & MEDICAL DEVICES)—S.D.N.Y.: Joe & The Juice to defend claims based on alleged oil blend in drinks

ADVERTISING (FOOD, DRUG & MEDICAL DEVICES)—S.D.N.Y.: Joe & The Juice to defend claims ...

October 23, 2026 | By Leah S. Poniatowski, J.D.
Consumers in putative class action met pleading requirements for breach of warranty, but some state law issues were dismissed. A group of six consumers who purchased juices from Joe & The Juice at locations throughout the United States adequately pleaded that the company had breached the express warranty to overcome the company’s motion to dismiss the claim in a putative class action based on the alleged misrepresentation of the olive oil ingredient listed on the drink’s menu, a federal…
MORTGAGES—Trump signs Executive Order to expand mortgage-related relief programs

MORTGAGES—Trump signs Executive Order to expand mortgage-related relief programs

October 26, 2026 | By Suzanne Cosgrove
The White House said the order includes a directive to FHFA to make its title-insurance-waiver pilot permanent and to Agriculture and Veterans Affairs to reduce single-family home-loan rates. President Donald Trump has signed an executive order directing the Federal Housing Finance Agency (FHFA) to create a mortgage-insurance cancellation pilot and turn its title-insurance-waiver pilot into a permanent program, stating that "unnecessary regulations and outdated mortgage processes have made…
COPYRIGHT NEWS: On the eve of its IPO announcement, The King enters the ring against Anthropic

COPYRIGHT NEWS: On the eve of its IPO announcement, The King enters the ring against ...

October 26, 2026 | By Matthew Hersh, J.D.
Owners of the lyrics to 274 Elvis songs accuse the AI company of copyright infringement and DMCA violations. Anthropic unlawfully reproduced the lyrics of nearly 300 Elvis Presley songs when it ingested them to train its popular AI model Claude, a new federal lawsuit contends. The estimated $41 million lawsuit, filed on the eve of the AI company’s formal announcement of its long-awaited initial public offering, also alleges that Claude continues to infringe their rights to those songs when it…
ANTITRUST—D.R.I.: Re-enrolled basketball players fail to obtain temporary restraint of NCAA '5-in-5' rule

ANTITRUST—D.R.I.: Re-enrolled basketball players fail to obtain temporary restraint of ...

October 26, 2026 | By Justin Marcus Smith, J.D.
The players could not rely on the market definition in Alston , at least not without data to support it here, and the NCAA Division I Cabinet’s interpretation of the new five-year rule appeared to be reasonable and consistent with public policy. Two basketball players who, having already graduated from college, re-enrolled to play a fifth year of Division I basketball failed to show a likelihood of success on the merits of their claims against the National Collegiate Athletic Association…
EXPERT EVIDENCE—ELECTRONIC PRODUCTS—D.N.J.: Home Depot wins adverse-inference jury instruction; expert evidence partly permitted in synagogue fire case

EXPERT EVIDENCE—ELECTRONIC PRODUCTS—D.N.J.: Home Depot wins adverse-inference jury ...

October 26, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Expert evidence proceeded apart from unsupported opinions that two space heaters were defective, and the synagogue’s failure to preserve the fire scene evidence warranted a spoliation inference. In an action brought against the seller of two space heaters by a rabbi alleging that the heaters’ defects caused a fire at a synagogue, the federal district court in New Jersey granted the seller’s motion for spoliation sanctions in part and denied it in part. The seller’s motion to exclude the…
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.…

LABOR PULSE—How has organized labor treated the ‘lepers’ of our workforce?
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October 26, 2026 | By Dr. Jim Castagnera, Esq.
“There currently are no transgender athletes on any of the league’s 15 teams.” In this month’s Labor Pulse, Jim Castagnera reflects on his work resolving labor disputes that arose during the HIV/AIDS crisis in Philadelphia, with a...

EXPERT INSIGHTS—California bars public works contractors from defending themselves with records withheld from the labor commissioner
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October 26, 2026 | By Laura E. Devane & Matthew Maler
At a Glance Beginning January 1, 2027, a public works contractor or subcontractor may be barred from defending itself with payroll, time, or employment records that it did not timely produce in response to a duly served written re...

CFTC NEWS AND SPEECHES—CFTC, NBA sign prediction-market integrity MOU
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October 26, 2026 | By Rebecca E. Hoffman, J.D.
The nonbinding agreement creates a discretionary channel for confidential information sharing about professional basketball integrity and related event contract market issues. On October 26, 2026, the CFTC and the National Basketb...

REGULATION TRACKER—Upcoming SEC and CFTC comment deadlines and effective dates
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October 26, 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...

CISA Aims to Develop ‘Register’ of Top Critical Infrastructure Threats
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October 26, 2026 | By Tom Leithauser
The U.S. government intends to develop a “national risk register” that lists the top cyber and physical risks to critical infrastructure, according to a new strategy published today by the Cybersecurity and Infrastructure Security...

Court Opinion on Surveillance Abuses Unlawfully Withheld by Administration, Senators Say
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October 26, 2026 | By Tom Leithauser
A federal court opinion that detailed deficiencies in the federal government’s use of its surveillance authorities should be released immediately, according to Sens. Ron Wyden (D., Ore.) and Adam Schiff (D., Calif.). The Trump adm...

EXPERT INSIGHTS: Eleventh Circuit clarifies the Anti-Kickback Statute's scienter requirement In United States v. Chun
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October 26, 2026 | By Nicole J. Aiken-Shaban & Gregory Demske, Heath Ingram, Austin Marich, Anne E. Railton & Matt Wetzel
Quick Summary On August 18, 2026, the Eleventh Circuit affirmed two defendants' convictions and sentences for violating the federal Anti-Kickback Statute (AKS) in United States v. Chun , adopting the Fifth Circuit's knowledge stan...

FALSE CLAIMS ACT—E.D. La.: If alleged FCA scheme is ongoing, discovery of all alleged instances is allowed
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October 26, 2026 | By Sherri M. Schroeder, J.D.
Although the hospitals claimed a former employee's discovery requests were disproportional because they extended beyond her explicit allegations, the court ordered discovery because her pleadings were sufficient. In litigation ari...

BANKING OPERATIONS—OCC's fall report maps deeper rate-shock scenarios at midsize, community banks
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October 26, 2026 | By Suzanne Cosgrove
The statistics cover 791 banks, with the as-of date of the data ranging from September 30, 2024, to June 30, 2026. The Office of the Comptroller of the Currency (OCC) has published the fall 2026 edition of its "Interest Rate Risk ...

REGULATION TRACKER—Upcoming comment deadlines and effective dates
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October 26, 2026 | By WK Editorial Staff
Comment deadlines and effective dates for regulatory activity issued by the federal financial institution agencies. The Banking and Finance Law Daily Regulation Tracker includes a Proposed Rules Comment Calendar and a table of Fin...

PATENT—D. Del.: Patent holder's bid to swap damages experts denied in dispute with cable providers
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October 26, 2026 | By Wendy Biddle, J.D.
Plaintiff may still have the current expert supplement her report or try the case without a damages expert. Treating a request to replace an excluded damages expert as a motion to modify the scheduling order, the U.S. District Cou...

TRADE SECRETS—S.D.N.Y.: Healthcare technology company secures temporary injunction against former executive
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October 26, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
A sales executive allegedly transferred confidential customer information to her personal email account on the same day she accepted employment with a competitor, establishing grounds for emergency protection against potential tra...

ADVERTISING—C.D. Cal.: Ridge Wallet entitled to $350,000 after settlement with rival falls apart
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October 26, 2026 | By Martin A. Steinberg, J.D.
Ridge alleged that Mosaic falsely advertised wallets resembling its claimed “Ridge silhouette” while supplying differently designed products, but failed to prove consumer deception or commercial injury. The federal district court ...

CONSUMER PROTECTION—N.D. Ohio: FTC granted preliminary injunction against allegedly fraudulent sextortion help firm
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October 26, 2026 | By Steven Melendez
The FTC was likely to succeed on the merits and a likelihood of irreparable harm from continuation of the alleged fraudulent practices. The FTC secured a preliminary injunction limiting the activities of Digital Forensics Corporat...

DESIGN AND MANUFACTURING DEFECTS—DRUGS—W.D. Wash.: Antipsychotic medication case dismissed for lack of specificity
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October 26, 2026 | By Molly Platnick
A patient could not plead products liability for side effects. The federal district court for the Western District of Washington granted a drug manufacturer’s motion to dismiss a case brought by a man who experienced adverse side ...

PROPOSED RULES—MOTOR VEHICLE EQUIPMENT—NHTSA proposes to update lighting standards for AVs
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October 26, 2026 | By WK Editorial Staff
The changes include optional cyan-colored marker lamps to help identify vehicles operating under automated control. The National Highway Traffic Safety Administration has proposed updating vehicle lighting requirements to accommod...
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