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  • BANKING OPERATIONS—U.S.: Custodia reply brief asks Supreme Court to review Fed master account authority

    BANKING OPERATIONS—U.S.: Custodia reply brief asks Supreme Court to review Fed master account authority

    BANKING OPERATIONS—U.S.: Custodia reply brief asks Supreme Court to review Fed master account authority
    October 29, 2026 | By Charles A. Menke, J.D.
    Custodia said the Monetary Control Act’s mandatory service-availability language limits Reserve Banks’ asserted discretion. Custodia Bank, Inc. is asking the U.S. Supreme Court to review whether officials heading regional Federal Reserve Banks may deny master accounts to eligible state-chartered institutions. In a reply brief supporting its petition for a writ of certiorari, the bank urged the Court to grant certiorari despite acknowledging no circuit conf...
Senators Ask Meta About Smart Glasses Being Used to Record ‘Private Situations’

Senators Ask Meta About Smart Glasses Being Used to Record ‘Private Situations’

October 29, 2026 | By Tom Leithauser
Meta Platforms, Inc.’s smart glasses are invading the privacy of individuals by recording people in “private situations,” which is compounded by Meta’s use of images collected by the glasses for AI (a...
SAFETY—8th Cir.: Employer denied review of general duty clause finding after fatal accident

SAFETY—8th Cir.: Employer denied review of general duty clause finding after fatal ...

October 29, 2026 | By Ronald Miller, J.D.
The Secretary may prove the inadequacy of safety procedures by showing the employer did not follow them or properly communicate them to employees. Substantial evidence on the record supported an administrative law judge’s conclusion that a trucking company violated the Occupational Safety Act’s general duty clause after an employee was fatally struck by a truck while moving an oil rig, ruled the Eighth Circuit. The employer argued that its existing safety measures were adequate and that OSHA…
FEDERAL PREEMPTION—W.D. La;.E.D. Mo.: Kalshi sues Louisiana, Missouri over sports-wagering laws

FEDERAL PREEMPTION—W.D. La;.E.D. Mo.: Kalshi sues Louisiana, Missouri over ...

October 29, 2026 | By Suzanne Cosgrove
Kalshi is seeking to block what it says is an imminent Louisiana enforcement action and a Missouri cease-and-desist demand. KalshiEX LLC has filed separate complaints in federal courts in Louisiana and Missouri seeking to stop state gambling and sports-wagering laws from being applied to event contracts traded on its federally regulated exchange ( KalshiEx LLC v. Murrill , No. 1:26-cv-04476 (W.D. La. filed Oct. 23, 2026)) and (Kalshiex LLC v. Hanaway , No. 4:26-cv-1860 (E.D. Mo. filed Oct. 27,…
AI CEOs Asked to Report Autonomous Hacking Incidents to Lawmakers Within 48 Hours

AI CEOs Asked to Report Autonomous Hacking Incidents to Lawmakers Within 48 Hours

October 28, 2026 | By Tom Leithauser
The top Democrats on three House committees have asked leading AI (artificial intelligence) developers to tell lawmakers within 48 hours about incidents involving autonomous hacking and other misbehavior by AI models. The Democrats made their request in letters sent yesterday to the chief executive officers of Anthropic, Google LLC, Meta Platforms, Inc., OpenAI, and SpaceXAI. The letters were signed by Reps. Frank Pallone Jr. (D., N.J.), ranking member of the Energy and Commerce Committee; Zoe…
DRUGS AND BIOLOGICS—D.N.J.: Drugmaker loses cancer drug patent term extensions after missing statutory filing deadline by one day

DRUGS AND BIOLOGICS—D.N.J.: Drugmaker loses cancer drug patent term extensions after ...

October 28, 2026 | By Ravindra Kumar Singh, B.L.
The drugmaker’s attempt to rely on a corrected FDA approval letter failed because the original approval triggered the statutory 60-day filing period, leaving its patent term extension applications one day late. A pharmaceutical company lost its bid to extend two patents associated with a cancer drug after a federal district court in New Jersey has upheld the U.S. Patent and Trademark Office’s (USPTO) rejection of its applications as untimely. The court held that the 60-day filing period under…
BANK SECRECY ACT—D. Or.: 21 state AGs challenge FinCEN final rule rolling back beneficial information reporting

BANK SECRECY ACT—D. Or.: 21 state AGs challenge FinCEN final rule rolling back ...

October 28, 2026 | By Lauren Bikoff, MLS
The plaintiffs also seek to stop FinCEN from deleting previously collected beneficial-ownership data. Oregon and 20 other plaintiff jurisdictions have sued to vacate the Treasury Department’s Financial Crimes Enforcement Network’s (FinCEN) 2025 interim and 2026 final beneficial-ownership reporting exemptions, alleging the agency exceeded its authority by excluding almost all companies covered by the Corporate Transparency Act (CTA). They also seek an injunction and an Administrative Procedure…
TRADEMARK—D. Nev.: Including images of mark and inferring comparison is sufficient for pleading

TRADEMARK—D. Nev.: Including images of mark and inferring comparison is sufficient for ...

October 29, 2026 | By Sherri M. Schroeder, J.D.
The court also weighed in on anti-SLAPP statutes, concluding that the use of logos and trademarks does not transform into good-faith communications related to the public interest simply because the target market is government employees. The federal district court in Nevada has issued an opinion in a case that clarifies both the sufficiency of pleadings in a trademark-infringement claim and application of Nevada's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute in such a…
ACQUISITIONS & MERGERS NEWS: Antitrust Division provides update on merger collaboration with state authorities

ACQUISITIONS & MERGERS NEWS: Antitrust Division provides update on merger ...

October 29, 2026 | By Peter Reap, J.D., LL.M.
Two recent successful settlements secured by local authorities in asphalt industry mergers were commended by the Division. The Department of Justice provided an update on the Antitrust Division’s collaboration with state Attorneys General regarding investigations of mergers with predominantly intrastate effects. In the update, Antitrust Division officials Woodward and Beller provided insights into how the Division exercises its responsibility and discretion in merger enforcement maters that…
DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—E.D. Va.: Defective knobs suit over electric range fire trimmed, claims against Samsung remain, but retailer dismissed

DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—E.D. Va.: Defective knobs suit ...

October 29, 2026 | By Wendy Biddle, J.D.
The plaintiffs' allegations fall short of showing that Best Buy knew of the hazard before the recall. A federal court in Norfolk, Virginia allowed negligence and implied warranty claims to proceed against Samsung Electronics America, Inc. over an alleged range design defect that caused a fire, while dismissing the claims against Best Buy and its related entities. The court held that the complaint plausibly alleged a design defect and causation as to the manufacturer, but did not allege facts…
WAGE-HOUR—5th Cir.: Public officials may not invoke qualified immunity in FLSA retaliation suits

WAGE-HOUR—5th Cir.: Public officials may not invoke qualified immunity in FLSA ...

October 28, 2026 | By Jason Albright, J.D.
“The FLSA’s silence does not resolve the issue.” A public official may not invoke qualified immunity in an FLSA retaliation suit, the Fifth Circuit held in a matter of first impression. The common law did not immunize malicious retaliation when Congress authorized private FLSA retaliation suits, and the policies underlying qualified immunity do not justify extending the defense to such claims, the federal appeals court found. The underlying case involved an academic advisor at Texas A&M…

ON THE LABOR FRONT—What’s next for Cemex?
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October 29, 2026 | By Michael J. Soltis
More than seven years ago, the Cemex company’s ready mix concrete truck drivers at 24 plants in Southern California and Nevada rejected union representation in a secret ballot election conducted by the National Labor Relations Boa...

EXPERT INSIGHTS—California enacts two new AI in employment bills: what's coming in 2027
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October 29, 2026 | By Sara Alexis Levine Abarbanel
California Governor Gavin Newsom signed two new AI in employment bills that will go into effect as of January 1, 2027. These bills will limit and regulate the use of artificial intelligence decision making in the employer-employee...

CFTC NEWS AND SPEECHES—CFTC ‘Frontier Forum’ weighs rules, liability for agentic trading
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October 29, 2026 | By Rebecca E. Hoffman, J.D.
Across two sessions, forum participants split over whether firms, operators, intermediaries, model providers, or other actors should bear responsibility for autonomous agents’ market conduct. The CFTC Innovation Task Force’s inaug...

OVERSIGHT AND INVESTIGATION—Warren seeks Anthropic answers on prospective IPO’s AI, financial risks
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October 29, 2026 | By Charles A. Menke, J.D.
A letter to the company’s CEO exhaustive responses by Nov. 3, 2026, on artificial-intelligence safety, market volatility, investor exposure, governance, and offering readiness. Senator Elizabeth Warren (D-Mass.), Ranking Member of...

Citing Security Concerns, DHS Bans Swiss Tech Firm From Federal Networks
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October 29, 2026 | By Tom Leithauser
Acronis AG, a technology company based in Switzerland, has been designated as a supply chain security threat by the Department of Homeland Security, requiring federal civilian executive branch agencies to stop contracting with the...

FTC Launches New Inquiry Into Use of Personal Data to Set Prices, Wages
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October 29, 2026 | By Tom Leithauser
Nine airlines, ride-sharing companies, and food-delivery services have been ordered by the Federal Trade Commission to provide information about their use of personal data to set prices for customers and wages for employees. The F...

ADMINISTRATION OF FDC ACT—NOTICES: Issuance of priority review voucher for Atebrioz, rare pediatric disease product
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October 29, 2026 | By WK Editorial Staff
The FDA is required to publish notice of the award of the priority review voucher. The FDA issued a priority review voucher to the sponsor of a rare pediatric disease product application. The Federal Food, Drug, and Cosmetic Act (...

DRUGS AND BIOLOGICS—NOTICES: Determination that Pepcid RPD (tFamotidine) orally disintegrating tablets were not withdrawn from sale for ...
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October 29, 2026 | By WK Editorial Staff
Under FDA regulations, drugs are removed from the list if the FDA withdraws or suspends approval of the drug’s NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale fo...

CONSUMER FINANCIAL PROTECTION BUREAU—OIG rates CFPB security level 2, below federal standard
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October 29, 2026 | By Charles A. Menke, J.D.
The audit found that a significant number of critical and high-severity vulnerabilities were not remediated within the required 30-day period. An Office of Inspector General (OIG) audit rated the CFPB’s fiscal year 2026 informatio...

DEPOSIT INSURANCE—FDIC approves Venture Coast Bank deposit insurance application
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October 29, 2026 | By Carrie DeLeon
The proposed Palo Alto bank must have at least $30,000,000 in beginning paid-in capital and maintain an 8% Tier 1 leverage ratio for three years. The Federal Deposit Insurance Corporation (FDIC) has approved Venture Coast Bank’s a...

PATENT—S.D. Cal.: Restaurant software providers can pursue patent misuse defense against $45 million royalty claim
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October 29, 2026 | By Ravindra Kumar Singh, B.L.
The software providers plausibly alleged that the patent owner demanded royalties on restaurant technology products and services that did not practice its licensed patents. A federal district court in California ruled that two res...

TRADE SECRETS—D. Del.: Motion for restraining order denied in pasta trade secrets case
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October 29, 2026 | By Joe Cox, J.D.
The movant’s failure to establish irreparable harm was fatal to its requested relief, with a request for expedited discovery also being denied. In a dispute between a pair of pasta companies, a Delaware court denied one party’s mo...

FRANCHISING & DISTRIBUTION—DMe.: Court reconsiders injunction bid in Maine distributor dispute involving FlipFarm products
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October 29, 2026 | By David Yucht, J.D.
The court previously found the distributor was unlikely to succeed on claims seeking to preserve a relationship after founder's death. The federal district court in Bangor, Maine granted a request by Ocean Farm Gear & Services LLC...

FRANCHISING & DISTRIBUTION—D.S.D.: Specialty truck dealer may proceed with contract breach, dealer protection claims against 'withdrawing' ...
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October 29, 2026 | By Justin Marcus Smith, J.D.
The court admonished that the manufacturer could not avoid liability for breach by claiming that a cleverly-worded letter was not a termination. A South Dakota refuse truck dealer sufficiently pleaded breach of contract and South ...

WARNINGS ISSUES—HOUSEHOLD PRODUCTS—D. Minn.: Google, YouTube partly denied judgment on pleadings in tabletop fireplace injury case
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October 29, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The negligence claim against the product distributors could not be dismissed for failure to join the fireplace’s manufacturer but the negligent entrustment count was dismissed. In an action brought against the distributors of a ta...

CPSC NEWS—HOUSEHOLD PRODUCTS—Bodum recalls 5.9 million French presses over burn hazard
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October 29, 2026 | By WK Editorial Staff
The firm has received 70 reports of carafes breaking, including 48 reports of burn injuries. Bodum USA is recalling about 5.9 million 8-cup and 12-cup French press coffee makers with replaceable glass carafes because damaged or cr...
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