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  • FEDERAL PREEMPTION—9th Cir.: Ninth Circuit closes the door on rehearing of Kalshi prediction markets ruling

    FEDERAL PREEMPTION—9th Cir.: Ninth Circuit closes the door on rehearing of Kalshi prediction markets ruling

    FEDERAL PREEMPTION—9th Cir.: Ninth Circuit closes the door on rehearing of Kalshi prediction markets ruling
    November 5, 2026 | By Lene Powell, J.D.
    The denial starts a clock for Kalshi to file a petition for Supreme Court review. A Ninth Circuit panel unanimously denied a request by the Kalshi exchange to rehear an August 28 decision allowing Nevada gaming authorities to pursue enforcement over alleged illegal gambling relating to Kalshi’s prediction markets. The panel also denied Kalshi’s petition for en banc rehearing (KalshiEx, LLC v. Assad , No. 25-7516 (9th Cir. Nov. 4, 2026)). According to the t...
ANTITRUST NEWS: PhRMA urges Second Circuit to bar indirect purchasers from bringing antitrust claims based on fraudulent drug patents

ANTITRUST NEWS: PhRMA urges Second Circuit to bar indirect purchasers from bringing antitrust claims based on fraudulent drug ...

November 5, 2026 | By Martin A. Steinberg, J.D.
PhRMA argues that expanding indirect-purchaser standing would increase drugmakers’ antitrust exposure and discourage innovation. The Pharmaceutical Research and Manufacturers of America (PhRMA) urged ...
DISCRIMINATION—D.D.C.: Alleged comments about PCAOB senior employee’s ethnicity, politics support hostile environment claim

DISCRIMINATION—D.D.C.: Alleged comments about PCAOB senior employee’s ethnicity, ...

November 5, 2026 | By Kathleen Kapusta, J.D.
The Public Company Accounting Oversight Board, however, was entitled to summary judgment on the employee’s discriminatory termination claims and it survived summary on two of its three counterclaims. Although a senior employee of the Public Company Accounting Oversight Board failed to show her termination, purportedly for performance issues and her excessive travel, was actually due to her race, national origin, and political affiliation, her Title VII and DCHRA hostile work environment claims…
ENFORCEMENT—2d Cir.: Second Circuit upholds sanctions against trust attorney over false declaration

ENFORCEMENT—2d Cir.: Second Circuit upholds sanctions against trust attorney over ...

November 4, 2026 | By Rodney F. Tonkovic, J.D.
Counsel knowingly misrepresented when she learned of a private annuity agreement central to an SEC asset freeze. The Second Circuit affirmed sanctions imposed on an attorney who knowingly submitted a false declaration during an SEC asset-freeze proceeding. The panel held that the district court adequately supported its finding that the attorney acted knowingly and in bad faith when she misrepresented when she learned of a private annuity agreement central to the litigation. The opinion is by…
CISA ‘Rebuilding’ Tops Rep. Thompson’s Priorities for Homeland Security Committee Next Year

CISA ‘Rebuilding’ Tops Rep. Thompson’s Priorities for Homeland Security Committee Next ...

November 5, 2026 | By Tom Leithauser
The top priority for Rep. Bennie Thompson (D., Miss.) if, as expected, he regains the chairmanship of the House Homeland Security Committee will be rebuilding the Cybersecurity and Infrastructure Security Agency, according to a statement shared with CPR today. Rep. Thompson was the committee’s ranking member when it was established as a standing committee in 2005. Since then, he has been either ranking member or chair of the committee during every session of Congress, and he’s likely to become…
HEALTH CARE REIMBURSEMENT NEWS—CMS recalibrated physician payments to favor coordinated care and curb duplicative spending

HEALTH CARE REIMBURSEMENT NEWS—CMS recalibrated physician payments to favor ...

November 5, 2026 | By WK Editorial Staff
The CY 2027 Medicare Physician Fee Schedule final rule revised payment, coding, quality, and accountable-care policies to strengthen primary care and prevention while tightening payment integrity. CMS finalized broad changes to Medicare Part B payment that redirected resources toward longitudinal, preventive, and coordinated care while reducing payments that the agency viewed as duplicative or poorly aligned with current practice. The CY 2027 Medicare Physician Fee Schedule final rule adjusted…
ENFORCEMENT ACTIONS—California recovers over $4.8 million for scam victims of major crypto ATM company CoinFlip

ENFORCEMENT ACTIONS—California recovers over $4.8 million for scam victims of major ...

November 5, 2026 | By Donielle Tigay Stutland, J.D.
CoinFlip, one of the California’s largest cryptocurrency ATM companies, was ordered to pay over $4.8 million to California victims after failing to adequately protect them from financial fraud. The California Commissioner of Financial Protection and Innovation (DFPI) has entered into a Consent Order with GPD Holdings LLC dba CoinFlip (CoinFlip) under which CoinFlip agreed to pay over $4.8 million to California victims after failing to adequately protect them from financial fraud. Additionally,…
COPYRIGHT NEWS—European Advocate General: AI training can fall within copyright exception

COPYRIGHT NEWS—European Advocate General: AI training can fall within copyright ...

November 5, 2026 | By Matthew Hersh, J.D.
The European Court of Justice's First Advocate General weighs in, though his opinion is advisory and nonbinding. The training of artificial intelligence language models on copyrighted content can be protected under European law as long as that content is not harvested in violation of online access controls and reasonable measures are taken to ensure that the content is not regurgitated to users, the court’s First Advocate General has argued. The lengthy submission by the court’s advocate…
ANTITRUST—W.D. Wash.: Walmart, eBay shoppers granted certification in Amazon Marketplace price parity clause suit

ANTITRUST—W.D. Wash.: Walmart, eBay shoppers granted certification in Amazon ...

November 4, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Court rejects Amazon's contention that the class action method of litigation would be unmanageable due to "the unprecedented size of the proposed class." The federal district court in Seattle, Washington has granted class certification in litigation alleging improper anticompetitive effects by the Amazon Marketplace platform's "most-favored nation restraints" allegedly imposed upon third-party merchants using the platform, resulting in customers paying supracompetitive prices. Class…
EXPERT EVIDENCE—ASBESTOS—E.D. Pa.: Court finds expert qualified, opinions admissible in asbestos exposure case

EXPERT EVIDENCE—ASBESTOS—E.D. Pa.: Court finds expert qualified, opinions admissible ...

November 5, 2026 | By Susan L. Smith, JD, MA
A company’s motion to partially exclude the expert testimony of a widow who alleged that her husband died from exposure to asbestos contained in the company’s products was denied by the court. A federal district court in Pennsylvania denied the request of a company to partially exclude an expert’s testimony in a case brought by the widow of a man who allegedly died from exposure to asbestos contained in the company’s packing and gasket materials. The widow’s wrongful death and survival action…
LITIGATION NEWS, TRENDS—Lockheed Martin to pay $29.5M to settle DEI-related discrimination allegations

LITIGATION NEWS, TRENDS—Lockheed Martin to pay $29.5M to settle DEI-related ...

November 4, 2026 | By Patricia K. Ruiz, J.D.
According to the Justice Department, this is the “largest class of workers to publicly recover under an EEOC settlement on account of alleged Title VII violations arising from or relating to a DEI program or practices.” Lockheed Martin Corp. has agreed to pay $29.5 million to resolve allegations that it discriminated against employees and job applicants based on race and sex through compensation, hiring, promotion, and career-development practices, federal authorities announced. The settlement…

EXPERT INSIGHTS—Ninth Circuit holds DEI training may support a hostile work environment claim
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November 5, 2026 | By Gabrielle Levin & Freesia Ferrantino & Crystal Paulino
Decision Alert: Diemert v. City of Seattle , No. 25-1188 (9th Cir. Sept. 28, 2026) On September 28, 2026, the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the United States District Co...

EXPERT INSIGHTS—The expansion of medical marijuana in Georgia and its potential impact on the “intoxication defense” in workers' compensation ...
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November 5, 2026 | By Dan Cauley
Effective July 1, 2026, Georgia enacted the "Putting Georgia's Patients First Act" which significantly expands the state's medical cannabis program. Whereas the approved use of medical marijuana had been extremely limited to certa...

ENFORCEMENT—SEC Commissioner Uyeda addresses corporate penalties at Practicing Law Institute
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November 5, 2026 | By Jay Fishman, J.D.
Uyeda urges corporate penalty refinements and individual accountability. SEC Commissioner Mark T. Uyeda urged the SEC to consider supplementing or revising its Corporate Penalty Statement and to pursue responsible individuals wher...

BROKER-DEALERS—SEC allows brokers to include debit in Treasury reserve computations
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November 5, 2026 | By Anne Sherry, J.D.
The exemptive relief is subject to seven conditions. The SEC granted conditional exemptive relief to permit broker-dealers to include an Item 15 debit in their customer reserve computation in connection with Treasury securities tr...

Federal Agencies Warn of Attacks on Industrial Refrigeration Systems
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November 5, 2026 | By Tom Leithauser
Federal agencies today warned U.S. critical infrastructure operators to defend industrial refrigeration systems against hackers who have exploited Internet-connected controls to raise temperatures in cooling systems in Europe. Cyb...

NCTA Obtains FCC Waiver for Hardware Changes to ‘Covered List’ Routers
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November 5, 2026 | By Lynn Stanton
The FCC’s Office of Engineering and Technology has granted a request from NCTA for a waiver to allow its members’ suppliers and vendors “to make necessary Class I and Class II permissive hardware changes to previously-authorized c...

HEALTH CARE REIMBURSEMENT NEWS—CMS reset outpatient payments, widened surgical options in 2027 rule
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November 5, 2026 | By WK Editorial Staff
The final rule raised Medicare outpatient and ASC rates, tied 340B drug payments to surveyed acquisition costs, expanded outpatient surgical access, and added targeted payment and program-integrity controls. The Centers for Medica...

FRAUD AND ABUSE—N.D. Ind.: Ophthalmology office manager fails to dismiss charges in connection with samples fraud, obstruction
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November 5, 2026 | By Justin Marcus Smith, J.D.
Acts taken to evade detection in a fraud scheme are, in fact, part of the scheme itself, even if those acts are taken after obtaining the victim’s property. A federal indictment for health care fraud and related offenses was suffi...

EXPERT INSIGHTS—Proposed third-party guidance: What it means for sponsor banks and fintechs
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November 5, 2026 | By Cristina Diaz & Scott Lessne & Carlton Greene
In our client alert of September 30, 2026,[1] we provided an executive summary of federal banking regulators' Proposed Third-Party Risk Management Guidance (the "Proposal"), a related joint statement on community banks' engagement...

BANKING OPERATIONS—ICBA urges OCC to deny Gurufin national trust bank charter
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November 5, 2026 | By Colleen M. Svelnis, J.D.
The banking association alternatively seeks deferred action until Gurufin discloses enough information for meaningful public review, followed by an additional comment period. The Independent Community Bankers of America (ICBA) urg...

PATENT—D. Del.: Tir Technologies' motion for clarification and reargument granted in r streaming technology patent dispute granted
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November 5, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The patent owner presented publicly-available webpages in support of its position that Comcast Cable has an extensive relationship with its streaming affiliate Amazon Web Services. The federal district court in Wilmington, Delawar...

TRADE SECRETS—D. Md.: Semiconductor memory device IPRs affirmed after appeals by Micron, Intel
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November 5, 2026 | By Jonathan Anderson
Micron and Intel alleged that the subject claims would have been obvious over prior art at the time of the invention. The U.S. Court of Appeals for the Federal Circuit affirmed two inter partes review (IPR) final written decisions...

ADVERTISING—D. Colo.: Partial summary judgment granted against chocolate wafer distributor after late stipulation on hazelnut contamination
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November 5, 2026 | By Wendy Biddle, J.D.
Days before trial, the distributor conceded the product contained hazelnuts. The consumer, allergic to hazelnuts, ate a chocolate wafer distributed by Solen USA that failed to disclose whether the wafer contained hazelnuts or was ...

PRIVACY—S.D. Cal.: ‘Personalized viewing experience’ pleading contradicts ‘intrusion’ claim about Sony Smart TV functionality
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November 5, 2026 | By Justin Marcus Smith, J.D.
Although the court dismissed most of the consumers’ claims, their invasion of privacy claim survived, and the court agreed the warranty card did not give fair notice about arbitration and opt out. In a consumer class action about ...

JURISDICTION—INDUSTRIAL AND COMMERCIAL EQUIPMENT—S.D. Tex.: Linemen’s injury action remanded in electric shock case against lift truck maker, ...
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November 5, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The linemen’s amended allegations supported a valid claim against the nondiverse owner, defeating the manufacturer’s improper joinder argument and warranting remand. In an action brought against a lift truck manufacturer and a pro...

CPSC NEWS—CHILDREN’S PRODUCTS—Fashion Brand Apparel recalls children’s pajama sets over burn hazard
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November 5, 2026 | By WK Editorial Staff
Consumers should contact the company for a full refund. Fashion Brand Apparel is recalling about 300 QZH.DUAO children’s pajama sets because they violate mandatory safety standards for children’s sleepwear, posing a risk of seriou...
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