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  • COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and gaming oversight

    COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and gaming oversight

    COMMODITY FUTURES—U.S.: Former lawmakers, regulator weigh in on Dodd-Frank history and gaming oversight
    October 9, 2026 | By Mark S. Nelson, J.D.
    Former Sen. Dodd and former CFTC Chair Gary Gensler argued that the Dodd-Frank Act did not create a secret pathway to exclusive federal oversight of gaming. Former U.S. Senator Christopher J. Dodd and former SEC and CFTC Chair Gary Gensler filed separate amicus briefs in the pending appeal of a Third Circuit opinion by New Jersey regulators over whether states can regulate prediction markets. The central issue is whether federal law preempts prediction mar...
ANTITRUST NEWS: Google and government plaintiffs file joint proposed final judgment in publisher ad tech antitrust litigation

ANTITRUST NEWS: Google and government plaintiffs file joint proposed final judgment in publisher ad tech antitrust litigation

October 9, 2026 | By Justin Marcus Smith, J.D.
Underlined sections showed differences of opinion, especially about monitoring and enforcement, with the government indicating concerns about circumvention and frustration in multiple sections. Google...
IMMIGRATION NEWS—DHS proposes ending USCIS deference policy for nonimmigrant worker extensions

IMMIGRATION NEWS—DHS proposes ending USCIS deference policy for nonimmigrant worker ...

October 13, 2026 | By Brandi O. Brown, J.D.
It has also issued a final rule ending the practice of automatically extending the validity of employment authorization documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories. The Department of Homeland Security is proposing to eliminate a Biden-era regulation requiring immigration officers to give weight to prior approvals when adjudicating many requests to extend nonimmigrant worker status. It is also…
PROXIES—SEC warns shareholder interest groups and asset managers about beneficial ownership implications of certain forms of advocacy

PROXIES—SEC warns shareholder interest groups and asset managers about beneficial ...

October 8, 2026 | By Mark S. Nelson, J.D.
The report made no specific findings of wrongdoing but strongly suggested that advocacy around proxy votes could, among other things, result in loss of Schedule 13G status. The SEC’s Divisions of Enforcement and Corporation Finance issued an Exchange Act Section 21(a) report regarding the activities of certain shareholder interest groups and other investors and asset managers, some of them among the largest in the U.S., and whether their allegedly coordinated efforts to elect dissident…
Google’s Plans for Airline’s Data Prompts Privacy Warning From 121 Lawmakers

Google’s Plans for Airline’s Data Prompts Privacy Warning From 121 Lawmakers

October 9, 2026 | By Tom Leithauser
Google LLC’s proposed $10 million purchase of the assets of bankrupt Spirit Airlines—mainly to obtain data to train AI (artificial intelligence)—has prompted warnings from lawmakers and labor unions about the threat to former Spirit employees’ privacy. “This sale presents uncharted territory. According to publicly available court findings, the proposed sale would involve an extraordinary volume of Spirit’s internal records, including approximately 100 million emails, 500 million Microsoft…
GENERAL HEALTH CARE NEWS—9th Cir.: Breach of confidence constitutes injury-in-fact sufficient to confer Article III standing

GENERAL HEALTH CARE NEWS—9th Cir.: Breach of confidence constitutes injury-in-fact ...

October 13, 2026 | By Jeffrey H. Brochin, J.D.
The unauthorized disclosure of sensitive health information was akin to a breach of confidence or contract that courts have traditionally recognized as providing a basis for a lawsuit. The United States Court of Appeals for the Ninth Circuit has reversed and remanded the decision of the district court that dismissed a lawsuit after the lower court found that the unauthorized disclosure of private health information (PHI) did not constitute an injury-in-fact sufficient to confer Article III…
FEDERAL RESERVE SYSTEM—Trump launches Cook removal inquiry at Fed over mortgage allegations

FEDERAL RESERVE SYSTEM—Trump launches Cook removal inquiry at Fed over mortgage ...

October 9, 2026 | By John M. Pachkowski, J.D.
The inquiry is the latest action by Trump to remove Cook from the Fed following a rebuke by the Supreme Court. President Donald Trump has issued a Presidential Memorandum establishing a committee of inquiry to determine whether cause exists to remove Federal Reserve Governor Lisa Cook based on allegations that she made false statements in connection with one or more mortgage instruments. The Oct. 7, 2026, action renews an effort that began when the White House told Cook the President was…
COPYRIGHT NEWS: USA TODAY and affiliated publications sue OpenAI over alleged mass copying of news content

COPYRIGHT NEWS: USA TODAY and affiliated publications sue OpenAI over alleged mass ...

October 9, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
The publications alleged that OpenAI copied their journalism for AI training, generated outputs that substitute for their reporting, and removed identifying copyright information. USA TODAY Co. and 18 affiliated national and local news publications have sued OpenAI, alleging that it copied hundreds of thousands of protected articles and other journalistic works without permission to develop, train, and operate its generative AI products. The publications seek more than $250 million in damages,…
ANTITRUST—3d Cir.: Lawsuit by Sandoz on vasodilator drug Remodulin® generic remanded to district court

ANTITRUST—3d Cir.: Lawsuit by Sandoz on vasodilator drug Remodulin® generic remanded ...

October 8, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Proprietary manufacturer had proffered a reasonable alternative to the district court's interpretation of a settlement agreement to patent litigation which contained ambiguous terms as to its coverage and exclusions. A Third Circuit panel has mostly reversed and remanded a district court ruling in a lawsuit brought by generic drug manufacturer Sandoz against proprietary drug manufacturer United Therapeutics Corp (UTC). The litigation concerned vasodilator drug treprostinil, which in the form…
CAUSATION—ELECTRONIC PRODUCTS—E.D. Mo.: Widow’s case proceeds against Lyft as court finds slain driver’s murder was foreseeable

CAUSATION—ELECTRONIC PRODUCTS—E.D. Mo.: Widow’s case proceeds against Lyft as court ...

October 13, 2026 | By Molly Platnick
The court declined to dismiss negligence or products liability claims for lack of proximate cause. The federal district court for the Eastern District of Missouri granted in part and denied in part Lyft’s motion to dismiss a case brought by the widow of a driver who was killed by a rider with a history of violent crime. The widow’s Sixth Amended Complaint accused Lyft of negligence and products liability, arguing the rideshare app’s defective design and the company’s failure to warn caused her…
IMMIGRATION NEWS—Microsoft, Adobe suspended from permanent visa program amid H-1B fraud allegations

IMMIGRATION NEWS—Microsoft, Adobe suspended from permanent visa program amid H-1B ...

October 9, 2026 | By Patricia K. Ruiz, J.D.
The administration says companies will be barred from the permanent visa program pending review of alleged H-1B abuses. The Trump administration has suspended Microsoft Corp., Adobe Inc., and other employers from participation in the permanent visa program based on allegations of H-1B fraud, according to statements by Labor Secretary Keith Sonderling on social media and comments by Vice President JD Vance during an October 8 press conference on visa fraud. The action appears to be one of the…

EXPERT INSIGHTS—California just expanded regulation of workplace AI beyond CCPA ADMT
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October 13, 2026 | By Yana Komsitsky
California has enacted three new laws governing employer use of artificial intelligence and automated tools in layoffs, workplace monitoring, discipline, and termination. These laws are separate from the California Consumer Privac...

EXPERT INSIGHTS—DOL pulls the plug on plan to move FLSA interpretations out of the CFR
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October 13, 2026 | By Allan Bloom
On October 7, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a notice withdrawing its July 2025 proposal to strip nine parts of longstanding Fair Labor Standards Act (FLSA) interpretive guid...

VITAL BRIEFING—Imports surge as trade deficit widens
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October 9, 2026 | By Brad Rosen, J.D.
The U.S. Census Bureau reported that import-export data for August showed the trade deficit in goods and services growing to $105.6 billion for the month, $12.7 billion higher than the $92.8 billion reported in July. In this editi...

INVESTMENT COMPANIES—SEC proposes to expand cross-trading rule for registered funds and affiliates
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October 9, 2026 | By John Filar Atwood
The amendments would restore the ability to cross trade most fixed-income securities, which is currently restricted under 2020’s fund valuation rule. The SEC has proposed to expand the group of securities eligible to be cross-trad...

Bill Would Create AI Task Force Within CISA
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October 9, 2026 | By Tom Leithauser
A task force to assess the cybersecurity risks of AI (artificial intelligence) systems would be established by the Cybersecurity and Infrastructure Security Agency under House legislation unveiled yesterday. The CISA Securing AI T...

Chinese Government Disputes U.S. Hacking Allegations
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October 9, 2026 | By Tom Leithauser
The Chinese government today disputed U.S. allegations that it had worked with a Chinese company to conduct cyber attacks on critical infrastructure in the U.S. and other nations. The Federal Bureau of Investigation and Department...

WORTH NOTING—Other Health Law litigation and regulatory developments
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October 13, 2026 | By WK Editorial Staff
A roundup of other items of interest to the Health Law community. LONG-TERM CARE FACILITIES—CMS LETTERS: REVISED: Nursing Home Risk-Based Survey National Implementation (CMS Letter , No. QSO-26-14-NH (Sept. 29, 2026)). MEDICAL DEV...

ANTITRUST—N.D. Ill.: Health plan’s suit seeking damages against AbbVie over drug pricing dismissed
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October 13, 2026 | By Brian Craig, J.D.
While the court dismissed the claims seeking damages, the health plan can proceed with seeking injunctive relief and amend the complaint. The federal district court in Chicago, Illinois has dismissed claims brought by a self-funde...

EXPERT INSIGHTS—OFAC targets financial and digital asset networks under Operation Economic Outcast
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October 9, 2026 | By Jonathan Cross & Yash Dattani
Overview The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) recently took two sanctions actions under Operation Economic Outcast, the U.S. government's campaign targeting Iran and persons who facilitate ...

EQUAL CREDIT OPPORTUNITY—Trump Administration investigates Wells Fargo Bank’s minority lending housing initiatives
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October 9, 2026 | By A. Bryan Gerepka
HUD Secretary: “Even if Wells Fargo did not violate the law, its practice of dividing Americans based on race is immoral, unethical and un-American.” The U.S. Department of Housing and Urban Development (HUD) has launched an inves...

PATENT—3d Cir.: Lawsuit by Sandoz on vasodilator drug Remodulin® generic remanded to district court
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October 9, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Proprietary manufacturer had proffered a reasonable alternative to the district court's interpretation of a settlement agreement to patent litigation which contained ambiguous terms as to its coverage and exclusions. A Third Circu...

PATENT—D. Md.: Inventor’s claims against Johns Hopkins over surgical navigation technology largely move forward
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October 9, 2026 | By Ravindra Kumar Singh, B.L.
Disputed discovery dates and alleged harm from patent prosecution prevented dismissal of claims involving ownership and disclosure of ultrasound-guided spinal surgery technology. A federal district court in Maryland has allowed an...

ADVERTISING—N.D. Ill.: Consumers’ claims challenging 818 Tequila’s ‘100% Agave’ and ‘handcrafted’ marketing survive dismissal
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October 9, 2026 | By Christopher M. Longo, J.D.
The consumers allege that 818 tequila is deceptively marketed as “100% agave,” “handcrafted,” and “small batch,” and contains alcohol derived from non-agave sources. Consumers who filed suit against Calabasas Beverage Company, LLC...

ANTITRUST—D. Minn.: Tyson’s $48 million final settlement with commercial and institutional indirect purchaser plaintiffs given nod
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October 9, 2026 | By Donielle Tigay Stutland, J.D.
The court gave final approval to the commercial and institutional indirect purchasers’ $48 million settlement with Tyson in the pork antitrust litigation and dismissed those claims with prejudice. The federal district court for th...

DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—D. Nev.: Heating pad burn case survives summary judgment on design and manufacturing ...
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October 13, 2026 | By Wendy Biddle, J.D.
The court allowed the defect theories to proceed on the defendants' own evidence while cutting off claims where the plaintiff's record fell short. The federal district court in Nevada allowed strict liability design and manufactur...

NOTICES—TEMPORARY EXEMPTIONS—NHTSA seeks comments on motorcoach shoulder belt exemption renewals
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October 13, 2026 | By WK Editorial Staff
The exemptions would allow side-facing seating positions to have lap belts only. The National Highway Traffic Safety Administration has received petitions from 13 final-stage manufacturers of entertainer-type motorcoaches seeking ...
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