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  • PATENT—E.D.N.Y.: Treadmill maker defeats inventor’s claims over curved treadmill patent and settlement agreement

    PATENT—E.D.N.Y.: Treadmill maker defeats inventor’s claims over curved treadmill patent and settlement agreement

    PATENT—E.D.N.Y.: Treadmill maker defeats inventor’s claims over curved treadmill patent and settlement agreement
    October 27, 2026 | By Mandavi Singh, LL.M.
    The inventor could enforce the assigned design patent without being named as its inventor, and the settlement agreement did not require the manufacturer to correct inventorship. A treadmill manufacturer prevailed in a longstanding dispute with an inventor who claimed the company appropriated his curved, non-motorized treadmill design and later breached a settlement agreement by refusing to recognize him as an inventor. The federal district court in New Yor...
DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—N.Y. App. Div.: BMW granted new trial in driver’s injury case due to conflicting jury verdicts

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—N.Y. App. Div.: BMW granted new trial in driver’s injury case due to ...

October 27, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
A jury’s separate verdicts favoring both the driver and the manufacturer on strict liability and negligent design, respectively, were irreconcilable as both claims rested on the same design and eviden...
DISCHARGE—S.D.N.Y.: Maurene Comey’s removal from AUSA position was unlawful

DISCHARGE—S.D.N.Y.: Maurene Comey’s removal from AUSA position was unlawful

October 27, 2026 | By Kathleen Kapusta, J.D.
“Defendants’ argument that Article II bars Congress from regulating the removal of AUSAs flies in the face of nearly two centuries of Supreme Court precedent, rooted in the text of the appointments Clause, holding that Congress may generally restrict the removal of ‘inferior officers.’” Maurene Comey’s removal from her role as Assistant United States Attorney (AUSA) in the criminal division of the U.S. Attorney’s Office for the Southern District of New York was unlawful, a federal court in New…
NASAA NEWS AND SPEECHES—NASAA urges SEC to withdraw proposed crypto exemptions

NASAA NEWS AND SPEECHES—NASAA urges SEC to withdraw proposed crypto exemptions

October 27, 2026 | By R. Jason Howard, J.D.
NASAA says the proposed framework lacks retail-investor safeguards and exceeds the SEC’s authority to preempt state registration and qualification requirements. A NASAA comment letter to the SEC urges it to withdraw proposed Regulation Crypto Assets and repropose exemptions with stronger retail-investor protections. In its letter, NASAA said the framework would remove key disclosure, filing, and resale protections and exceed the SEC’s authority to preempt state securities regulation. According…
Anthropic’s IPO Filing Cites Risks From Hackers Misusing Its AI Models

Anthropic’s IPO Filing Cites Risks From Hackers Misusing Its AI Models

October 27, 2026 | By Tom Leithauser
The use of its AI (artificial intelligence) products for cyber attacks could undermine its “reputation and brand, business, financial condition, and results of operations,” Anthropic warned yesterday in a Securities and Exchange Commission filing. “While our AI models are designed to comply with our AI safety and usage guidelines and be broadly safe, ethical, and helpful, and while we have implemented safety measures intended to anticipate, identify, and mitigate potential harmful uses, such…
ADVERTISING (FOOD, DRUG & MEDICAL DEVICES)—D.N.J.: Novo Nordisk had unclean hands for preliminary injunction in challenge to Lilly comparative advertising

ADVERTISING (FOOD, DRUG & MEDICAL DEVICES)—D.N.J.: Novo Nordisk had unclean hands for ...

October 27, 2026 | By Justin Marcus Smith, J.D.
The court mainly found Novo failed to show irreparable harm, and it conceded no actual Lilly misrepresentation, but it also had unclean hands because it engaged in similar advertising against Lilly that did not acknowledge the highest available dose. Pharmaceutical manufacturer Novo Nordisk, Inc. (Novo) was not entitled to preliminary injunctive relief to stop competitor Eli Lilly and Company and Lilly USA, LLC (collectively, Lilly) from engaging in certain comparative advertising about the…
CREDIT, DEBIT AND GIFT CARDS—8th Cir.: Fed erred in setting debit interchange-fee cap

CREDIT, DEBIT AND GIFT CARDS—8th Cir.: Fed erred in setting debit interchange-fee cap

October 27, 2026 | By John M. Pachkowski, J.D.
When establishing interchange fees, the Fed “must sort the costs into those that are transaction-specific and those that are not. Not just pick a number and hope it is close enough for government work.” The Eighth Circuit Court of Appeals affirmed a judgment vacating the Federal Reserve Board’s 21 cent debit card interchange fee cap and remanded the case for a new fee structure consistent with the Durbin Amendment. Applying Loper Bright Enterprises v. Raimondo , 603 U.S. 369 (2024), the court…
COPYRIGHT NEWS: On the eve of its IPO announcement, The King enters the ring against Anthropic

COPYRIGHT NEWS: On the eve of its IPO announcement, The King enters the ring against ...

October 26, 2026 | By Matthew Hersh, J.D.
Owners of the lyrics to 274 Elvis songs accuse the AI company of copyright infringement and DMCA violations. Anthropic unlawfully reproduced the lyrics of nearly 300 Elvis Presley songs when it ingested them to train its popular AI model Claude, a new federal lawsuit contends. The estimated $41 million lawsuit, filed on the eve of the AI company’s formal announcement of its long-awaited initial public offering, also alleges that Claude continues to infringe their rights to those songs when it…
CONSUMER PROTECTION NEWS: FTC files complaint against Dollar General for systemic overcharge of customers

CONSUMER PROTECTION NEWS: FTC files complaint against Dollar General for systemic ...

October 27, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Dollar General views the complaint as "unreasonable demands for redress using assumptions and methodology the Company believes are unsupported and materially overstate any alleged consumer harm." The FTC, joined by the attorneys general and other enforcement officials of 20 states, has filed a complaint against Dollar General Corporation in a federal district court in Nashville, Tennessee, according to the agency. The complaint alleges that the prices Dollar General actually charges its…
EXPERT EVIDENCE—ELECTRONIC PRODUCTS—D.N.J.: Home Depot wins adverse-inference jury instruction; expert evidence partly permitted in synagogue fire case

EXPERT EVIDENCE—ELECTRONIC PRODUCTS—D.N.J.: Home Depot wins adverse-inference jury ...

October 26, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Expert evidence proceeded apart from unsupported opinions that two space heaters were defective, and the synagogue’s failure to preserve the fire scene evidence warranted a spoliation inference. In an action brought against the seller of two space heaters by a rabbi alleging that the heaters’ defects caused a fire at a synagogue, the federal district court in New Jersey granted the seller’s motion for spoliation sanctions in part and denied it in part. The seller’s motion to exclude the…
INDIVIDUAL RIGHTS—5th Cir.: Coach, transferred after snubbing school board, failed to state constitutional claims

INDIVIDUAL RIGHTS—5th Cir.: Coach, transferred after snubbing school board, failed to ...

October 26, 2026 | By Jason Albright, J.D.
The events in the case began when a female student at Brownsville Veterans Memorial High School accused the coach’s son of filming and circulating an inappropriate video of her. A Texas coach and teacher, transferred to a position at another school in the Brownsville Independent School District after he refused to shake hands with several school board members and employees during a meeting to celebrate the successes of a team he coached, failed to state claims of violations of his and his…

EXPERT INSIGHTS—Allegheny County Council passes paid parental leave mandate: 10 steps employers can take now
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October 27, 2026 | By Raeann Burgo & Patrick W. Dennison
The 15-member County Council passed the regulation 11-4. Pennsylvania’s Allegheny County, which includes the City of Pittsburgh, will be the first county in the country to require employer-funded paid parental leave at the county ...

EXPERT INSIGHTS—California: unpaid leave can be reasonable religious accommodation under FEHA, Court of Appeal rules
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October 27, 2026 | By Daniel Ganz
California's Fair Employment and Housing Act (the "FEHA") proscribes various forms of employment discrimination, including discrimination based on religious beliefs. Among other things, the FEHA requires employers to provide a rea...

PUBLIC COMPANY REPORTING AND DISCLOSURE—SEC issues interpretive guidance regarding Form S-3 eligibility
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October 27, 2026 | By Suzanne Cosgrove
Responding to a request from Sumisho Air Lease Corp., the Commission allowed certain voluntary reporting periods to count toward Form S-3 eligibility. In a no-action letter dated October 26 , the SEC’s Division of Corporation Fina...

IPOs—Anthropic’s IPO Filing Cites Risks From Hackers Misusing Its AI Models
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October 27, 2026 | By Thomas Leithauser
The use of its AI (artificial intelligence) products for cyber attacks could undermine its “reputation and brand, business, financial condition, and results of operations,” Anthropic warned yesterday in a Securities and Exchange C...

Businesses Shouldn’t Have to Submit to Meta’s Data-Scraping, Sen. Schiff Says
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October 27, 2026 | By Tom Leithauser
Meta Platforms, Inc., should reverse plans to update its terms of service to require businesses to allow Meta to harvest commercial data, according to Sen. Adam Schiff (D., Calif.). “These revised terms require any entity using yo...

Copyright Office Recommends Retaining DMCA Exemption for Cybersecurity Research
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October 27, 2026 | By Tom Leithauser
A carve-out in copyright law that enables “good-faith” cybersecurity research should be renewed, the U.S. Copyright Office recommends in a Federal Register notice due to be published tomorrow. “Multiple organizations and security ...

GENERAL HEALTH CARE NEWS—PROPOSED RULES: CMS proposes to align Exchange eligibility and verification with WFTC legislation
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October 27, 2026 | By Sherri M. Schroeder, J.D.
The proposed rule establishes new requirements aligning advance payments of the premium tax credit and cost-sharing reductions eligibility with premium tax credit eligibility changes enacted under the Working Families Tax Cuts leg...

EXPERT INSIGHTS: HHS's Kidney Care Plan puts hospitals in the spotlight: A policy playbook for transplant centers and donor hospitals
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October 27, 2026 | By Traci Vitek
Transplant centers and donor hospitals should take notice. HHS's Kidney Care National Plan (October 20, 2026) points the transplant system toward tougher accountability, new payment incentives and closer federal oversight. Organ p...

BANKING OPERATIONS—OCC seeks comment on effective reciprocal-deposit Call Report revisions
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October 27, 2026 | By Patricia K. Ruiz, J.D.
Comments are due December 28, and amounts reported in two Schedule RC-O reciprocal-deposit items now receive a confidentiality exception. The Office of the Comptroller of the Currency (OCC), Federal Reserve Board, and Federal Depo...

BANKING OPERATIONS—OFAC updates sanctions FAQs on blocking versus rejection
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October 27, 2026 | By Patricia K. Ruiz, J.D.
OFAC says blocked-property and rejected-transaction reports must be filed through its reporting system within 10 business days of the action, with supporting documents. The Office of Foreign Assets Control (OFAC) updated 11 sancti...

COPYRIGHT—C.D. Ill.: Physician’s copyright and trade secret claims survive dispute over botulism research
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October 27, 2026 | By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.
A physician sufficiently alleged that her former research assistant misused confidential botulism research, while a book author failed to secure dismissal of related claims. A physician’s copyright infringement and trade secret mi...

COPYRIGHT—S.D.N.Y.: Missing defendant list derails video game creators’ bid to freeze alleged infringers’ assets
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October 27, 2026 | By Ravindra Kumar Singh, B.L.
The creators of Steal a Brainrot failed to identify the online sellers they sought to restrain and faced additional questions about jurisdiction and irreparable harm. A federal district court in New York has denied, without prejud...

ADVERTISING—D.N.J.: Novo Nordisk had unclean hands for preliminary injunction in challenge to Lilly comparative advertising
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October 27, 2026 | By Justin Marcus Smith, J.D.
The court mainly found Novo failed to show irreparable harm, and it conceded no actual Lilly misrepresentation, but it also had unclean hands because it engaged in similar advertising against Lilly that did not acknowledge the hig...

ANTITRUST—D. Minn.: Minnesota federal court sends subpoena dispute in credit reporting antitrust case to California
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October 27, 2026 | By Wendy Biddle, J.D.
The issuing court's familiarity with the case and the risk of inconsistent rulings provided reason enough to transfer the motion. The federal district court in Minneapolis, Minnesota transferred a non-party debt collector's motion...

DAMAGES—AIRCRAFT AND WATERCRAFT—W.D. Wash.: Punitive damages claims against aircraft makers dismissed in door plug detachment suit
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October 27, 2026 | By Susan L. Smith, JD, MA
The court found that Washington law applied to the case and that the state’s highest court disapproves of punitive damages. A federal district court in Washington granted the requests of two airplane manufacturers to dismiss punit...

NOTICES—MOTOR VEHICLE EQUIPMENT—NHTSA proposes tire safety committee to modernize testing standards
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October 27, 2026 | By WK Editorial Staff
The panel would include tire manufacturers, automakers, safety organizations, research institutions, and engineering associations. The National Highway Traffic Safety Administration plans to establish a negotiated rulemaking advis...
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