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

    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 A...
WAGE-HOUR—EXEMPTIONS—W.D. Pa.: Third-party employer regulation pertaining to live-in domestic workers conflicted with FLSA

WAGE-HOUR—EXEMPTIONS—W.D. Pa.: Third-party employer regulation pertaining to live-in domestic workers conflicted with FLSA

November 2, 2026 | By Ronald Miller, J.D.
The Live-In Exemption exempts from the FLSA’s overtime pay requirements “any employee” meeting its other expressly stated requirements, namely, those employees who are employed in “domestic service in...
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,…
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 (artificial intelligence) training, according to Sens. Ron Wyden (D., Ore.) and Ed Markey (D., Mass.). “Meta’s smart glasses have increasingly been implicated in disturbing invasions of users’ and bystanders’ privacy,” the senators said in a letter sent yesterday to Meta Chief Executive Officer Mark…
DRUGS AND BIOLOGICS—D.D.C.: BOTOX as a biological product should have been excluded from price negotiations

DRUGS AND BIOLOGICS—D.D.C.: BOTOX as a biological product should have been excluded ...

November 2, 2026 | By Jeffrey H. Brochin, J.D.
CMS misinterpreted the Inflation Reduction Act’s exclusion for plasma-derived products when it failed to exclude BOTOX from its published list of selected drugs for drug pricing negotiations. A federal district court for the District of Columbia has granted in part the motion for summary judgment filed by AbbVie Inc. in a lawsuit brought by the drug manufacturer challenging CMS’s selection of BOTOX in its list of selected drugs for drug pricing negotiations. AbbVie contended that the agency…
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…
COPYRIGHT NEWS: Screenwriter sues ‘The Holdovers’ makers over alleged copying of unproduced script

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

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 received it twice. Simon Stephenson has sued multiple defendants, including credited “The Holdovers” screenwriter David Hemingson, and the production and distribution companies behind the film, alleging that the acclaimed 2023 movie was an unauthorized adaptation of his 2013 screenplay, “Frisco.” The…
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…
WARNINGS ISSUES—CHEMICAL PRODUCTS—11th Cir.: Judgment against Monsanto reversed after Supreme Court’s Roundup preemption ruling

WARNINGS ISSUES—CHEMICAL PRODUCTS—11th Cir.: Judgment against Monsanto reversed after ...

November 2, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The U.S. Supreme Court’s ruling in Monsanto Co. v. Durnell foreclosed state-law claims seeking a cancer warning which the herbicide’s EPA-approved label did not contain. In an action brought against an herbicide manufacturer for allegedly failing to warn consumers that its product could cause cancer, the U.S. Court of Appeals for the Eleventh Circuit granted the parties’ joint motion for summary adjudication and reversed a district court judgment in favor of the consumer. On remand from the…
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—EntertainHR: ‘Respect My Authoritah?‘ Bargaining lessons from the Casa Bonita labor dispute
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November 2, 2026 | By Robert E. Entin
Fans of South Park remember "Casa Bonita," the 2003 episode in which Cartman becomes so desperate to attend Kyle's birthday outing to the fabled suburban Denver restaurant that he resorts to an elaborate scheme to get an invitatio...

EXPERT INSIGHTS—Polyamory joins the list of protected classes in a growing number of cities
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November 2, 2026 | By John F. Kuenstler & Jared Paulson
Protected characteristics are expanding at the local level. Several city councils have amended their anti-discrimination ordinances to protect people based on how they arrange their households and romantic relationships, including...

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...

WORTH NOTING—Other Health Law litigation and regulatory developments
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November 2, 2026 | By WK Editorial Staff
A roundup of other items of interest to the Health Law community. ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ affirmed that the Inspector General (IG) properly excluded the Provider from participation in Me...

ELECTRONIC HEALTH RECORDS—D. Or.: Patients’ claims that hospital system online tracking violated ECPA survive motion to dismiss
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November 2, 2026 | By Justin Marcus Smith, J.D.
The court concluded that an unlawful HIPAA disclosure may be an independent criminal act under the ECPA crime-tort exception. Patients who complained that a health care provider mishandled their protected health information (PHI) ...

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—INDUSTRIAL AND COMMERCIAL EQUIPMENT—D.N.J.: Finding no fraudulent joinder, district court remands workplace injury case
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November 2, 2026 | By Molly Platnick
Injured worker raised colorable Workers’ Compensation Act claim against nondiverse defendant. The federal district court for the District of New Jersey granted an injured worker’s motion to remand a case against his former employe...

CPSC NEWS—ELECTRONIC PRODUCTS—HAIARA power banks recalled after 600 fire, thermal incidents reported
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November 2, 2026 | By WK Editorial Staff
The products were sold on Amazon.com by Mitrytech. About 11,000 HAIARA power banks are being recalled because their lithium batteries can explode and ignite, posing fire and burn hazards to consumers (CPSC Recall Notice , No. 27-0...
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