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  • DISCRIMINATION—SEX—4th Cir.: CSR not shielded by religious-employer exemption from gay employee’s Title VII sex discrimination claim

    DISCRIMINATION—SEX—4th Cir.: CSR not shielded by religious-employer exemption from gay employee’s Title VII sex discrimination claim

    DISCRIMINATION—SEX—4th Cir.: CSR not shielded by religious-employer exemption from gay employee’s Title VII sex discrimination claim
    October 19, 2026 | By Kathleen Kapusta, J.D.
    “Title VII, considering its remedial purpose, does not shield religious employers from liability for discrimination based on race, sex, or national origin even if the employment decision is also motivated by religious belief.” Affirming a district court’s judgments in favor of a gay IT analyst who sued Catholic Relief Services (CRS) under Title VII and the Maryland Fair Employment Practices Act (MFEPA) after it informed him that his husband’s enrollment in...
ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: Federal tax fraud conviction ‘detrimental to Medicare,’ 10-year bar upheld

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: Federal tax fraud conviction ‘detrimental to Medicare,’ 10-year ...

October 19, 2026 | By Leah S. Poniatowski, J.D.
Nurse practitioner unsuccessfully challenged federal healthcare participation bar as not pertaining to healthcare services. A nurse practitioner who intentionally did not report his income for two yea...
FEDERAL REGULATIONS—Final rule expands administrative leave uses in workforce restructuring efforts

FEDERAL REGULATIONS—Final rule expands administrative leave uses in workforce ...

October 16, 2026 | By Brandi O. Brown, J.D.
AFGE opposed the changes, arguing that the rule violates the ALA and the APA. The Office of Personnel Management has finalized regulations that formally authorize federal agencies to use administrative leave as a workforce restructuring tool, including in deferred resignation programs and certain reduction-in-force situations, while also establishing new restrictions on how such leave may be used. The rule takes effect 30 days after publication in the Federal Register. The final rule amends…
FRAUD AND MANIPULATION—Assignment of Boeing fraud claims cannot clear Blue Chip standing hurdle

FRAUD AND MANIPULATION—Assignment of Boeing fraud claims cannot clear Blue Chip ...

October 16, 2026 | By Rodney F. Tonkovic, J.D.
More details about an assignation did not change the result. A district court dismissed with prejudice an action brought against The Boeing Company and its former CEO, holding that an assignee lacked standing to assert fraud claims. The court acknowledged that the assignment did not appear to have been a tactical effort to create standing, but the determinative fact that the plaintiff did not actually purchase or sell securities remained. As a result, the assignee lacked standing and the…
House Bill Would Codify White House Plan to Enlist Private-Sector Hackers

House Bill Would Codify White House Plan to Enlist Private-Sector Hackers

October 16, 2026 | By Tom Leithauser
A presidential directive that seeks to recruit private-sector entities to conduct offensive cyber operations against overseas cyber criminals would be codified under legislation introduced by Rep. Pat Fallon (R., Texas). The National Coordination Center and Commercial Cyber Capabilities Coordination Act (H.R. 10777 , 119th Cong. (2026)) would codify two recent directives issued by the White House, including a national security presidential memorandum (NSPM) that sought the private sector’s…
CONTROLLED SUBSTANCES—SETTLEMENT AGREEMENTS: CVS to pay $315M to settle FCA, CSA allegations

CONTROLLED SUBSTANCES—SETTLEMENT AGREEMENTS: CVS to pay $315M to settle FCA, CSA ...

October 16, 2026 | By Sherri M. Schroeder, J.D.
The government alleged that the pharmacy chain illegally filled prescriptions for opioids and other controlled substances and then billed Medicare and other federal health care programs. U.S. pharmacy giant CVS Pharmacy, Inc. and its related corporate entities have agreed to pay a total of $315 million to resolve allegations that for more than 12 years it illegally filled prescriptions for opioids and other controlled substances in violation of the Controlled Substances Act (CSA) and then…
BANK SECRECY ACT—FinCEN identifies Iranian charity red flags, requests filing key term

BANK SECRECY ACT—FinCEN identifies Iranian charity red flags, requests filing key term

October 16, 2026 | By Charles A. Menke, J.D.
FinCEN asked institutions to place “FIN-2026-IRANCHARITYABUSE” in Suspicious Activity Report field 2 and the narrative when referencing its alert on potential charity abuse. The Financial Crimes Enforcement Network (FinCEN) issued an alert identifying four red flags to help financial institutions detect, prevent, and report suspicious activity potentially involving Iranian abuse of religious charity networks (FIN-2026-Alert008 , Oct. 15, 2026). The indicators cover activity even when Iran’s…
PATENT NEWS—Patent holder seeks Supreme Court review in infringement case involving design tools for semiconductor chips

PATENT NEWS—Patent holder seeks Supreme Court review in infringement case involving ...

October 16, 2026 | By Nadine E. Roddy, J.D.
The petition urges the Court to resolve an intra-circuit split of authority on an issue that can be outcome-determinative in patent eligibility cases. A patent holder is seeking Supreme Court review of an adverse Federal Circuit decision in its patent infringement case involving tools for designing semiconductor chips for computers. The petition for certiorari identifies an intra-circuit split of authority on the issue of patent eligibility under § 101 of the Patent Act that the Court should…
ANTITRUST NEWS: Antitrust Division emphasizes engagement, transparency, and timeliness at 2026 Antitrust Tech Summit

ANTITRUST NEWS: Antitrust Division emphasizes engagement, transparency, and timeliness ...

October 16, 2026 | By Justin Marcus Smith, J.D.
Deputy Attorney General Greco emphasized how the Trump Administration views the practical certainty of an expeditious settlement at case outset as “the ideal result,” but she warned the DOJ will follow the law and facts to block deals when necessary. Department of Justice Deputy Assistant Attorney General Stephanie A. Greco delivered remarks presenting her view of Trump Administration antitrust enforcement at the 2026 Antitrust Tech Summit. Cooley LLP hosted the half-day event at the…
PREEMPTION—DRUGS—1st Cir.: Seizure patient’s estate may amend complaint against Amgen about Aimovig biologic labeling

PREEMPTION—DRUGS—1st Cir.: Seizure patient’s estate may amend complaint against Amgen ...

October 19, 2026 | By Justin Marcus Smith, J.D.
The court affirmed dismissal for “impossibility” preemption; however, amendment was not certainly futile because the estate made a presentation of newly acquired information forming a basis for a label change. A state law complaint about the labeling of Aimovig, an Amgen Inc. biologic drug, could not withstand Amgen’s affirmative defense of “impossibility” preemption, held the U.S. Court of Appeals for the First Circuit, in affirming dismissal. That Amgen could have proposed a different…
REMEDIES, DAMAGES—D. Md.: Court declines to preliminarily enjoin Trump contractor DEI order

REMEDIES, DAMAGES—D. Md.: Court declines to preliminarily enjoin Trump contractor DEI ...

October 15, 2026 | By Kathleen Kapusta, J.D.
“Plaintiffs lack a protectable First Amendment interest in speech that is prohibited by the Contractors Order because they lack an interest in speech that is prohibited by federal antidiscrimination law.” Denying a request by five organizations whose members include government contractors to preliminarily enjoin an executive order issued by President Trump in March 2026—which directs executive departments and agencies to ensure that agreements with contractors and subcontractors include…

EXPERT INSIGHTS—Second Circuit: Employees Told to Show Up Early Are ‘Engaged to Wait’
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October 19, 2026 | By Allan Bloom
On October 13, 2026, a divided panel of the U.S. Court of Appeals for the Second Circuit revived a putative collective and class action alleging that discount supermarket chain Lidl failed to pay grocery workers for time spent wai...

EXPERT INSIGHTS—NLRB Reinstates Employer-Friendly Framework to Analyze Employee Offensive Conduct
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October 19, 2026 | By Robert Driscoll
On September 23, 2026, the National Labor Relations Board (NLRB or Board) reinstated the employer-friendly General Motors standard to analyze when an employee’s offensive conduct loses protection under the National Labor Relations...

VITAL BRIEFING—U.S. trade court certifies tariff refund class
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October 16, 2026 | By Brad Rosen, J.D.
The certified class consists of all importers of record who paid duties imposed by challenged tariff orders between February 1, 2025 and February 19, 2026, except for those entities that have filed separate recovery actions under ...

FRAUD AND MANIPULATION—Wells Fargo and Merrill Lynch reach settlement over excessive commissions for small-dollar trades
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October 16, 2026 | By R. Jason Howard, J.D.
Wells Fargo and Merrill Lynch charged unreasonable commissions on more than 256,000 equity transactions and trades nationwide over the past five years. NASAA has announced that Wells Fargo Clearing Services, LLC, Wells Fargo Advis...

Court Urged to End DHS’s ‘Secretive’ Stockpiling of Voters’ Personal Data
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October 16, 2026 | By Tom Leithauser
A “secretive” effort to obtain sensitive personal data about U.S. voters violates the Privacy Act of 1974 and should be blocked by a federal court, according to a lawsuit filed yesterday in U.S. District Court for the District of ...

DoD’s Communications Remain Exposed to Hackers, IG Says
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October 16, 2026 | By Tom Leithauser
The wireless telecommunications services used by the Department of Defense have security gaps that could enable adversaries to intercept communications or pinpoint the location of DoD personnel, according to a DoD inspector genera...

WORTH NOTING—Other Health Law litigation and regulatory developments
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October 19, 2026 | By WK Editorial Staff
A roundup of other items of interest to the Health Law community. CONDITIONS OF PARTICIPATION—DAB DECISIONS: The ALJ affirmed that the CMS properly revoked the Providers Medicare enrollment pursuant to 42 C.F.R. 424.535(a)(19) bec...

EXPERT INSIGHTS—SEC And FDA Formalize Information-Sharing Framework For Public Companies
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October 19, 2026 | By Linda Malek & Alex Cruz Rodriguez & Jason Johnson, Paul Pollock, Anand Sithian
What You Need to Know Key takeaway #1 The U.S. Securities and Exchange Commission (SEC) and the U.S. Food and Drug Administration (FDA) signed a Memorandum of Understanding (MOU) establishing a formal framework for the two agencie...

COMMUNITY DEVELOPMENT—Markey, Warren ask regulators to pull back on rule amending CRA
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October 16, 2026 | By Nora Macaluso
The lawmakers said the proposed changes risk harm to small businesses and communities. Senator Elizabeth Warren (D-Mass.) and Rep. Edward J. Markey (D-Mass.) have sent a letter asking banking regulators not to go forward with a pr...

OVERSIGHT AND INVESTIGATION—Lawmakers push Wall Street banks to disclose Epstein financial records
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October 16, 2026 | By A. Bryan Gerepka
The legislators say the bill will force federal regulators to release their records, investigate the banks and executives who may have enabled Epstein’s crimes, and hold lawbreakers accountable. U.S. House of Representatives and S...

VITAL BRIEFING: Supreme Court seems ready to greenlight newsletter subscriber’s video privacy suit against Paramount
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October 16, 2026 | By Thomas Long, J.D.
Article examines Justices questions and statements on key issues raised in argument over scope of VPPA, and looks at possible implications for businesses if the petitioner prevails. In a case that could have effects on a wide rang...

COPYRIGHT—N.D. Ohio: Fabric companies escape statutory damages, attorney fees over allegedly copied artwork in fashion collection
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October 16, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
The artist’s own allegations established that an allegedly infringing social media advertisement appeared before the copyright registrations became effective, barring statutory remedies. An Ohio federal district court granted four...

ADVERTISING—D.N.J.: Genetic test seller granted dismissal of allegedly false increased fertility advertising suit
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October 16, 2026 | By Jody Coultas, J.D.
The consumers lacked standing under the benefit of the bargain theory of economic harm. Consumers who purchased Genomic Prediction, Inc.’s LifeView™ genetic screening test lacked standing to assert claims under the false advertisi...

ADVERTISING—S.D. Cal.: Natural-labeling claims advance over manufactured citric acid
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October 16, 2026 | By George Basharis, J.D.
California consumer protection and warranty claims challenging the natural labeling of ginger ale containing industrially manufactured citric acid may proceed, despite federal regulatory guidance classifying fermentation-derived c...

JURISDICTION—ASBESTOS—W.D. Wash.: Spouse’s claims against talc suppliers remanded in mesothelioma wrongful-death suit
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October 19, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The manufacturer’s removal of a talc-related wrongful-death action was untimely because the supplier’s bankruptcy had made federal jurisdiction unequivocally clear nearly three years earlier. In a wrongful-death action brought by ...

JURISDICTION—TOBACCO PRODUCTS—N.D. Ill.: Court remands case against cigarette manufacturers finding Walgreens was not fraudulently joined
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October 19, 2026 | By Molly Platnick
Smoker’s negligence claim was reasonable enough to defeat fraudulent joinder. The federal district court for the Northern District of Illinois remanded a case brought by a smoker with COPD against Walgreens and three cigarette man...
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