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  • COSMETICS—S.D.N.Y.: Amendment of acne product complaint leaves blemishes for dismissal in unapproved areas

    COSMETICS—S.D.N.Y.: Amendment of acne product complaint leaves blemishes for dismissal in unapproved areas

    COSMETICS—S.D.N.Y.: Amendment of acne product complaint leaves blemishes for dismissal in unapproved areas
    October 7, 2026 | By Justin Marcus Smith, J.D.
    The consumer strayed from amendment instructions and failed to allege deception independent of illegality under New York law, where it did not follow that illegal sale of an allegedly misbranded product necessarily conveyed it was lawful and safe. A New York consumer could not proceed to discovery on a claim that Harvard Drug Group LLC (HDG) violated New York General Business Law Section 349 when it sold over-the-counter acne products that allegedly contai...
COPYRIGHT—N.D. Cal.: Digital artist must replead DMCA claims against Roblox over AI training

COPYRIGHT—N.D. Cal.: Digital artist must replead DMCA claims against Roblox over AI training

October 7, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
Allegations that a gaming-platform operator stripped copyright information from 3D artwork during AI training did not plausibly establish intentional removal or distribution of the works. A federal di...
DISCRIMINATION—AGE—M.D. Pa.: Nurse advances age bias claim despite failing to apply for ‘reposted’ position

DISCRIMINATION—AGE—M.D. Pa.: Nurse advances age bias claim despite failing to apply ...

October 7, 2026 | By Kathleen Kapusta, J.D.
After 40 years of employment with the hospital the nurse alleged that it posted her position and filled the role with someone much younger. A pre-op charge nurse who had been with the hospital for 40 years and in her position for 12 of those before she was informed her job was being reposted can proceed to trial on her ADEA and state-law age discrimination claims even though she never applied for the reposted position, a federal court in Pennsylvania ruled, citing evidence she was replaced by…
BLOCKCHAIN—CFTC seeks comment on proposed rules governing crypto transactions and markets in advanced notice

BLOCKCHAIN—CFTC seeks comment on proposed rules governing crypto transactions and ...

October 6, 2026 | By Rebecca E. Hoffman, J.D.
Comments are due 60 days after the notice is published in the Federal Register. The CFTC announced its advanced notice of proposed rulemaking pertaining to “Regulation CTX” (crypto asset transactions) and “Regulation CAM” (crypto asset markets), seeking public comment on the specifics in its attempt to develop rules implementing CEA Section 2(c)(2)(D) in the context of crypto assets. The “fit for purpose” rules will be aimed at protecting the public from fraudulent schemes without regulating…
FBI’s Interest in ALPR Surveillance Network Worries House Oversight Democrats

FBI’s Interest in ALPR Surveillance Network Worries House Oversight Democrats

October 6, 2026 | By Tom Leithauser
The Federal Bureau of Investigation’s plans to acquire nationwide access to a network of automatic license plate readers (ALPRs) is raising concerns among House Oversight and Government Reform Democrats. The FBI issued a request for proposal in May “to acquire ALPR systems that offer the ability to search for license plate information ‘and other descriptive data such as vehicle description information, time/date criteria, and geo-location criteria,’” the lawmakers noted in a letter to FBI…
ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—D. Vt.: No preliminary injunction in PhRMA suit against Vermont’s 340B drug law

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—D. Vt.: No preliminary injunction in ...

October 6, 2026 | By Sherri M. Schroeder, J.D.
The court first denied PhRMA a preliminary injunction because it could not establish preemption and then dismissed one of PhRMA’s claims because Vermont successfully argued that the statute in question was not impermissibly vague. The Vermont federal district court has denied a motion for preliminary injunction filed by Pharmaceutical Research and Manufacturers of America (PhRMA) against the Commissioner of Health for the state of Vermont (Vermont) over Vermont House Bill 266. H.B. 266…
OVERSIGHT AND INVESTIGATION—Senate Banking Democrats seek hearing with FHFA head Pulte

OVERSIGHT AND INVESTIGATION—Senate Banking Democrats seek hearing with FHFA head Pulte

October 6, 2026 | By Nora Macaluso
The senators said the agency director should answer for what they called “abuses of power.” Democrats on the Senate Banking Committee asked panel Chairman Tim Scott (R-S.C.) to hold a hearing with Federal Housing Finance Agency (FHFA) Director Bill Pulte following what they called “various reported abuses of power” by the agency head. “We request you invite Director Pulte to testify before the Senate Banking Committee so our committee can fulfill its oversight functions and explore how his…
TRADEMARK—TTAB: Refusal to register JASPE mark for clothing affirmed as deceptively misdescriptive

TRADEMARK—TTAB: Refusal to register JASPE mark for clothing affirmed as deceptively ...

October 6, 2026 | By Jonathan Anderson
The Board found that “jaspe” is a type of fabric, but the Applicant’s products do not contain it. The Trademark Trial and Appeal Board affirmed the Trademark Examining Attorney’s refusal to register the proposed mark JASPE on the ground that it is deceptively misdescriptive of the Applicant’s goods under Section 2(e)(1) of the Trademark Act. Applicant sought registration of the standard-character mark for various clothing, including shirts and pants. Citing third-party evidence, the Board…
ANTITRUST—9th Cir.: Invisalign® manufacturer must face refusal to deal allegations

ANTITRUST—9th Cir.: Invisalign® manufacturer must face refusal to deal allegations

October 6, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Premature termination of software interoperability agreement with competitor was done at a time when patent litigation was pending and several patents were approaching expiry. A Ninth Circuit panel has reversed and remanded a district court's summary judgement grant on a refusal-to-deal allegation brought against an orthodontic appliance manufacturer. The manufacturer had developed and patented a system whereby measurements inside a patient's mouth are taken with a scanner. The manufacturer…
PREEMPTION—MEDICAL DEVICES—3rd Cir.: Manufacturing defect and negligence claims against medical device manufacturer were not preempted by federal law

PREEMPTION—MEDICAL DEVICES—3rd Cir.: Manufacturing defect and negligence claims ...

October 7, 2026 | By Nicholas Kaster, J.D.
A 2024 inspection report presented by the claimant supported a plausible inference that the Angio-Seal was not produced pursuant to the rigorous PMA requirements imposed on the manufacturer by the FDA. The U.S. Court of Appeals for the Third Circuit has ruled that manufacturing defect and negligence claims brought against Terumo Medical Corporation over its Angio-Seal vascular closure device were not preempted by the Medical Device Amendments (MDA) of the Federal Food, Drug, and Cosmetics Act…
COVERAGE, LIABILITY—9th Cir.: PREP Act immunity applies to officials in city employee’s COVID-19 case

COVERAGE, LIABILITY—9th Cir.: PREP Act immunity applies to officials in city ...

October 6, 2026 | By Todd Harrison, J.D.
After receiving a religious exemption from the city’s vaccination policy, the employee contended that requiring him to test and wear masks created a hostile work environment. Affirming a district court’s dismissal and denial of a motion for reconsideration of a City of Pasadena employee’s claims surrounding its COVID-19 vaccination policies, the Ninth Circuit agreed with the lower court that the defendants had immunity from all the employee’s claims under the Public Readiness and Emergency…

NAA CORNER—College sports: it ain’t just sports
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October 7, 2026 | By Lisa Dublin
Three legal experts in the arena of student athletics shared their experiences at the National Academy of Arbitrators National Meeting held in Chicago in May 2026. The panelists wrestled with the growth and evolution of “name imag...

EXPERT INSIGHTS—California expands harassment prevention training to address hate speech
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October 7, 2026 | By Kaitlyn L. Lavaroni
On September 27, 2026, the Governor signed Assembly Bill (AB) 1803 , which adds a component of anti-hate speech to harassment prevention training requirements. Existing California Training Requirements California employers with fi...

BLOCKCHAIN—ICBA sues OCC over national trust charters for crypto firms
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October 6, 2026 | By Patricia K. Ruiz, J.D.
The Independent Community Bankers of America (ICBA) alleges the regulator has not managed an uninsured national-bank receivership in nearly 100 years and that its rules offer consumers less protection than the Federal Deposit Insu...

FRAUD AND MANIPULATION—N.D. Ill.: Plaintiffs failed to show causal connection between Treasury spoofing and injury under the CEA
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October 6, 2026 | By R. Jason Howard, J.D.
The plaintiffs’ complaint failed to adequately plead that any injury of theirs was traceable to the defendants’ conduct. The Northern District of Illinois has dismissed a consolidated complaint without prejudice after finding that...

STRATEGIC PERSPECTIVES—Privacy Expert Analyzes Protection of Neural Data
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October 6, 2026
As new technologies continue to emerge that could lead to developing ways to look into the human brain, the provisions recently developed to protect the privacy of neural data may be insufficient to adequately protect what Profess...

Federal Agencies Unprepared for Quantum-Enabled Cyber Threats, GAO Says
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October 6, 2026 | By Tom Leithauser
Federal agencies are struggling to prepare for the advent of quantum computers that will be capable of decoding data encrypted with legacy cryptographic tools, the Government Accountability Office said in a report published today....

EXPERT INSIGHTS—Janssen Granted Preliminary Injunction Against Golimumab Biosimilar
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October 7, 2026 | By Wendy Leben & Emma Murray
On September 30, 2026, the U.S. District Court for the District of Delaware issued an order granting Janssen Biotech, Inc. and Janssen Sciences Ireland UC's (collectively, "Janssen") motion for a preliminary injunction in Janssen ...

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—D.D.C.: Physician’s claim against DEA challenging delay in agency action was moot
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October 7, 2026 | By Sara Cracau, J.D.
Court dismisses action by physician against DEA alleging unreasonable delay in his DEA registration. A federal district court in the District of Columbia has granted the motion to dismiss of the Drug Enforcement Administration (DE...

DEPOSIT INSURANCE—FDIC urged to preserve expanded reciprocal-deposit eligibility, clarify implementation
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October 6, 2026 | By John M. Pachkowski, J.D.
ABA finds reciprocal deposits IFR simplifies compliance; AFC wants safeguards to prevent revealing confidential supervisory status. The American Fintech Council (AFC), a trade association representing financial technology companie...

DIRECTORS, OFFICERS AND EMPLOYERS—ICBA backs FDIC insider credit threshold increases, opposes floor elimination
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October 6, 2026 | By John M. Pachkowski, J.D.
ICBA appreciates the FDIC’s efforts to modernize outdated insider lending thresholds and reduce unnecessary regulatory burdens while preserving appropriate safety and soundness requirements. The Independent Community Bankers of Am...

COPYRIGHT—S.D.N.Y.: Court rejects fair-use bid in Playboy copyright suit
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October 7, 2026 | By Patricia K. Ruiz, J.D.
A publisher's use of a Playboy photo in article was not transformative, the court found. Playboy Enterprises International Inc. plausibly alleged that Haymarket Media Inc. infringed its copyright by using a Playboy-owned photograp...

PATENT—Fed. Cir.: Federal Circuit orders patent suit against Google transferred to California
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October 7, 2026 | By Patricia K. Ruiz, J.D.
The appeals court found convenience factors strongly favored Northern District of California. The Federal Circuit granted Google LLC's petition for a writ of mandamus and ordered a patent infringement suit brought by the Universit...

ADVERTISING—D. Ariz.: ‘Low acid’ coffee dispute creates aroma of multiple factual uncertainties best suited for trial
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October 6, 2026 | By Justin Marcus Smith, J.D.
Insufficient evidence about deception did not necessarily defeat a false advertising claim because a jury finding of literal falsity at trial would remove the need for independent evidence of actual deception. Competitors in the p...

ANTITRUST—N.D. Ohio: Locksmith fails to support key allegations that an industry certification was anticompetitive
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October 6, 2026 | By Justin Marcus Smith, J.D.
The facial appropriateness of per se treatment was a question of law to be decided at the dismissal stage, it did not apply in the context, and the locksmith did not make a facial showing of a Sherman Act violation under a rule of...

DESIGN AND MANUFACTURING DEFECTS—INDUSTRIAL AND COMMERCIAL EQUIPMENT—N.D. Ill.: Cable-stripper maker denied summary judgment in machine ...
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October 7, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The worker’s strict liability and negligence claims survived because genuine issued existed as to the adequacy of warnings and foreseeability of the product’s post sale modifications. In an action brought against a cable-stripper ...

CPSC NEWS—CHILDREN’S PRODUCTS—Magnetic stick figure toys recalled over ingestion hazard
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October 7, 2026 | By WK Editorial Staff
The company is offering a full refund. About 10,750 GBYMIUY magnetic stick figure toy sets are being recalled because they can release high-powered magnets, creating a serious ingestion hazard for children. If swallowed, the magne...
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