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  • MEDICAID ELIGIBILITY—D.Mass.: Court vacates Medicaid frailty rule limiting eligibility exemption

    MEDICAID ELIGIBILITY—D.Mass.: Court vacates Medicaid frailty rule limiting eligibility exemption

    MEDICAID ELIGIBILITY—D.Mass.: Court vacates Medicaid frailty rule limiting eligibility exemption
    October 30, 2026 | By Patricia K. Ruiz, J.D.
    CMS exceeded its authority by narrowing Congress's definition of medically frail Medicaid beneficiaries, the court found. States challenging a Medicaid interim final rule (IFR) won partial summary judgment after a federal court concluded CMS unlawfully narrowed the statutory definition of “medically frail” individuals exempt from new Medicaid community engagement requirements. The court vacated the challenged provision, permanently enjoined its enforcement...
COPYRIGHT NEWS: Screenwriter sues ‘The Holdovers’ makers over alleged copying of unproduced script

COPYRIGHT NEWS: Screenwriter sues ‘The Holdovers’ makers over alleged copying of unproduced script

October 30, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
The writer of an unproduced screenplay alleges that “The Holdovers” copied the protected story structure, sequence of events, scenes, and dialogue patterns of his earlier script after the director rec...
WAGE-HOUR—EXEMPTIONS—6th Cir.: IT worker found to be overtime-exempt computer employee under the FLSA

WAGE-HOUR—EXEMPTIONS—6th Cir.: IT worker found to be overtime-exempt computer employee ...

October 30, 2026 | By Ronald Miller, J.D.
The employee’s responsibilities concerning documentation, design, and development of the IVR system were the “main” or “most important” part of his job, making them his “primary duty.” Cincinnati Bell met its burden to show that an IT employee’s responsibilities were intimately intertwined with the design, development, and documentation of an IVR system, making him an exempt computer employee, ruled the Sixth Circuit. The employee claimed that the employer failed to pay him overtime wages,…
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,…
House Democrats Press OpenAI on ‘Whistleblower’ Firings, Hacking Incidents

House Democrats Press OpenAI on ‘Whistleblower’ Firings, Hacking Incidents

October 30, 2026 | By Tom Leithauser
OpenAI has offered inadequate responses to lawmakers’ questions about the company’s AI (artificial intelligence) models’ misbehavior, according to 20 House Democrats who wrote yesterday to OpenAI Chief Executive Officer Sam Altman. The letter noted that OpenAI reportedly fired three “whistleblowers” over their outreach to an AI security researcher and has offered incomplete and contradictory responses to previous congressional queries about the company’s AI agents hacking Hugging Face, Inc.,…
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…
EQUAL CREDIT OPPORTUNITY—D. Mass.: National Urban League challenges CFPB Regulation B fair-lending changes

EQUAL CREDIT OPPORTUNITY—D. Mass.: National Urban League challenges CFPB Regulation B ...

October 30, 2026 | By Charles A. Menke, J.D.
The plaintiffs say the amendments disrupt lending and counseling services, divert scarce resources, and reduce their ability to serve underserved borrowers through their organizational networks. The National Urban League and the Massachusetts Association of Community Development Corporations have filed a complaint asking the U.S. District Court for the District of Massachusetts to declare unlawful and set aside the Consumer Financial Protection Bureau’s Regulation B amendments. The plaintiffs…
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…
ANTITRUST NEWS: UK's CMA to investigate Meta’s commercial terms of use

ANTITRUST NEWS: UK's CMA to investigate Meta’s commercial terms of use

October 30, 2026 | By Justin Marcus Smith, J.D.
The CMA cautioned there are no findings as yet, the point of the investigation is to find out whether Meta abused a dominant position in violation of the UK Competition Act 1998. The United Kingdom's Competition and Markets Authority (CMA) announced it is opening an investigation of whether Meta commercial terms and conditions breach competition law. The businesses subject to the investigation are Meta Platforms, Inc.; Facebook UK Limited; and Facebook Ireland Limited, but may include other…
DEFENSES TO LIABILITY—INDUSTRIAL AND COMMERCIAL EQUIPMENT—E.D. Va.: Hoist manufacturer faces unresolved design and warning claims in seaman injury dispute

DEFENSES TO LIABILITY—INDUSTRIAL AND COMMERCIAL EQUIPMENT—E.D. Va.: Hoist manufacturer ...

October 30, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Genuine issues remained concerning a design defect, failure to warn, the employer’s alleged negligence, and contribution, allowing those claims to survive. In an admiralty action arising from a deckhand’s injuries when a lever hoist chain snapped during a dredge-pipe repair, a federal district court in Virginia partly granted the manufacturer’s motion for summary judgment on the employer’s third-party claims. The court granted the manufacturer summary judgment on the manufacturing-defect…
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…

EXPERT INSIGHTS—FP snapshot for healthcare employers: what AI glasses mean for patient privacy and recording consent
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October 30, 2026 | By Brett P. Owens & Elysse V. Gorney
Whether using video or audio-only recording, AI glasses present the same concern: sensitive patient information can leave the exam room if you don’t take proper precautions. Welcome to this edition of the FP Snapshot for Healthcar...

EXPERT INSIGHTS—NY Trapped At Work Act: readying employer repayment agreements for Dec. 19
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October 30, 2026 | By Clifford Atlas & Richard Greenberg & Shannon D. Azzaro
Takeaways The New York "Trapped at Work Act" bars employers from requiring employees to enter into "employment promissory notes" as a condition of employment. Out of caution, employers should treat 12.19.26 as the compliance date ...

VITAL BRIEFING—Insider trading cases multiply as prediction markets soar
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October 30, 2026 | By Lene Powell, J.D.
Prediction markets are exploding and contracts are becoming more specialized, creating a bonanza for insider trading. The Commodity Futures Trading Commission has responded with a strong crackdown in a bid to show it is the “cop o...

SEC NEWS AND SPEECHES—Selway asks transfer agents to help shape SEC modernization efforts
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October 30, 2026 | By Rodney F. Tonkovic, J.D.
Selway stressed constructive communication and cooperation between the public and private sectors. Division of Trading and Markets Director Jamie Selway urged cooperation between the SEC and transfer agents as the agency seeks to ...

Continued Use of ID.me by IRS Raises Privacy Concerns, Senators Say
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October 30, 2026 | By Tom Leithauser
The Internal Revenue Service is still using a commercial service, ID.me, to authenticate users despite a federal law and a White House directive to use Login.gov instead, and Sens. Elizabeth Warren (D., Mass.) and Ron Wyden (D., O...

Educational Testing Service Breach Prompts Questions From Sen. Cassidy
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October 30, 2026 | By Tom Leithauser
Sen. Bill Cassidy (R., La.), chairman of the Senate Health, Education, Labor, and Pensions Committee, is seeking answers about a data breach at a contractor for the California Department of Education (CDE). The contractor, Educati...

ELECTRONIC HEALTH RECORDS—Ill. App.: Patients failed to allege injuries traceable to transcription data breach involving Cook County ...
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October 30, 2026 | By Justin Marcus Smith, J.D.
The alleged diminished value of the patients’ private information did not confer standing because Illinois courts have not recognized a property right in personal information and the Illinois Personal Information Protection Act di...

ADMINISTRATION OF FDC ACT—NOTICES: Issuance of priority review voucher for Emcitate
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October 30, 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 (...

COMMUNITY DEVELOPMENT—Industry groups request more time to comment on third-party risk guidance
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October 30, 2026 | By Lauren Bikoff, MLS
Comments on the proposed revisions are due November 16, but several banking associations are seeking a 30-day extension. In a joint letter , the American Bankers Association, the Bank Policy Institute, the Consumer Bankers Associa...

PREEMPTION—OCC seeks federally chartered bank exemption from California climate disclosure laws
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October 30, 2026 | By Lauren Bikoff, MLS
The OCC will evaluate California’s implementation of the laws to determine whether further action is necessary to provide federally chartered banks with certainty about the laws’ application. The Office of the Comptroller of the C...

PATENT—5th Cir.: Motorola not entitled to U.S. discovery of patent purchase agreement for European 5G litigation
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October 30, 2026 | By Mandavi Singh, LL.M.
The Unified Patent Court’s earlier refusal to compel production of the agreement weighed against Motorola’s U.S. discovery request, which risked circumventing European evidentiary restrictions. Motorola Mobility cannot compel a te...

PATENT—Fed. Cir.: Rejection of patent application for a computer-implemented method for barter transactions affirmed
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October 30, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The Patent Trial and Appeal Board (PTAB) correctly found the claims patent-ineligible under 35 U.S.C. § 101 as directed to abstract ideas and lacking an inventive concept. In a non-precedential disposition, the U.S. Court of Appea...

CONSUMER PROTECTION—S.D. Fla.: Court denies telehealth provider the negative option of proceeding to discovery on ROSCA claims
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October 30, 2026 | By Justin Marcus Smith, J.D.
Heightened pleading applied to the ROSCA claims because the government’s claims sounded in fraud. The Department of Justice adequately pleaded Restore Online Shoppers’ Confidence Act (ROSCA) and Federal Trade Commission Act (FTCA)...

ANTITRUST NEWS: Former Antitrust Division officials launch AI platform for antitrust lawyers
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October 30, 2026 | By Peter Reap, J.D., LL.M.
FluxCap is an artificial intelligence company and platform designed to bring “legal guidance, case evidence, and the lawyer's strategy into one connected workspace." Jonathan Kanter and Doha Mekki, former leaders of the Justice De...

JURISDICTION—ELECTRONIC PRODUCTS—11th Cir.: Florida challenge of social media regulatory statute remanded to state court
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October 30, 2026 | By Jeffrey H. Brochin, J.D.
Federal officer removal jurisdiction did not apply to Snapchat’s contracts with federal agencies because those contractual relationships were no different than Snapchat’s contracts with any other customers. The United States Court...

FINAL RULES—HOUSEHOLD PRODUCTS—CPSC updates garage door operator rule to align with UL standard
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October 30, 2026 | By WK Editorial Staff
The changes address entrapment protection requirements and battery backup systems. The Consumer Product Safety Commission is updating its mandatory safety standard for automatic residential garage door operators to incorporate rev...
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