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  • Hawley Plans Bill to Protect Motorists’ Privacy From License Plate Scanners

    Hawley Plans Bill to Protect Motorists’ Privacy From License Plate Scanners

    Hawley Plans Bill to Protect Motorists’ Privacy From License Plate Scanners
    September 30, 2026 | By Tom Leithauser
    Sen. Josh Hawley (R., Mo.) plans to introduce legislation to impose new restrictions on the use of data collected by automated license plate recognition (ALPR) systems, he announced today. The Stop Flock Abuse Act, named after Flock Safety, a leading ALPR vendor, would “establish basic safeguards for AI-powered cameras to ensure these nationwide surveillance networks protect Americans’ constitutional rights,” Sen. Hawley said in a news release . Sen. Hawle...
DISCRIMINATION—RACE—5th Cir.: ‘Faith-based’ auto repair company prevails against Jewish man it denied franchise

DISCRIMINATION—RACE—5th Cir.: ‘Faith-based’ auto repair company prevails against Jewish man it denied franchise

October 1, 2026 | By Jason Albright, J.D.
“When the company refused to franchise to [the plaintiff], who is an ethnic and religious Jew, [he] sued for racial discrimination under 42 U.S.C. § 1981.” Christian Brothers Automotive Corporation, a...
LABOR—LAYOFFS—9th Cir.: Shareholders of bankrupt airline were ‘employers’ under Hawaii’s Dislocated Workers Act

LABOR—LAYOFFS—9th Cir.: Shareholders of bankrupt airline were ‘employers’ under ...

September 30, 2026 | By Ronald Miller, J.D.
The appeals court left it to the district court to determine whether Ohana and the Ellison Trust’s employer status may be decided as a matter of law or must be submitted to a jury. Following the bankruptcy filing of Hawaii Island Air, the Ninth Circuit affirmed a district court’s ruling that the owners of two-thirds of the airline’s stock—the Au Defendants—were an “employer” under Hawaii’s Dislocated Workers Act. However, the appeals court reversed the lower court’s rulings as to employer…
SEC NEWS AND SPEECHES—SEC proposes expansion of ‘responsible retailization‘ of private markets

SEC NEWS AND SPEECHES—SEC proposes expansion of ‘responsible retailization‘ of private ...

September 30, 2026 | By R. Jason Howard, J.D.
The proposals are important steps towards providing individual investors with more access to private market investment opportunities. At an SEC public meeting on September 30, 2026, Chairman Paul S. Atkins issued a statement on proposals to expand “responsible retailization” of private markets by “embracing investment growth and innovation across all asset classes, while protecting individual investors with appropriate safeguards.” There were three items on the meeting agenda. First, the…
Agencies Obstructed Review of DOGE’s Adherence to Data Protection Rules, GAO Says

Agencies Obstructed Review of DOGE’s Adherence to Data Protection Rules, GAO Says

September 29, 2026 | By Tom Leithauser
Several federal agencies refused to provide information to the Government Accountability Office for a probe into whether personnel from the Department of Government Efficiency (DOGE) adhered to privacy and cybersecurity standards in their work at the agencies, GAO said in a report published today. The Consumer Financial Protection Bureau went so far as to accuse GAO of “serving at the behest of a few congressional members to harass and impede the CFPB and its efforts to implement the…
DRUGS AND BIOLOGICS—U.S.: Three states file Supreme Court challenge against Democratic states’ shield laws

DRUGS AND BIOLOGICS—U.S.: Three states file Supreme Court challenge against Democratic ...

October 1, 2026 | By Sheila Lynch-Afryl, J.D., M.A.
The states filed a second lawsuit in the Western District of Louisiana against 30 individuals and entities that “have flooded illegal abortion pills into pro-life states.” Three Republican states have asked the U.S. Supreme Court to strike down the shield laws in New York, Massachusetts, and California, arguing that the “sole purpose” of the laws is “to facilitate abortion by mail in pro-life states.” The states of Louisiana, Arkansas, and Alabama allege that they “invested in the promise of…
FINANCIAL STABILITY—Fed finalizes stress test transparency and volatility rules as Barr objects

FINANCIAL STABILITY—Fed finalizes stress test transparency and volatility rules as ...

September 30, 2026 | By Shashi Kant, B.A. LL.B., LL.M.
The Fed adopted two final stress test rules and proposed a revised noninterest income model for the 2027 stress test. The Federal Reserve Board has finalized two rules that require annual public input on its supervisory stress test models and scenarios and that average stress test results over two years when setting stress capital buffer requirements, according to a Fed press release. The Fed also requested comment on a revised noninterest income model for the 2027 stress test. Governor…
TRADEMARK—S.D.N.Y.: Similar weather and traffic marks support trademark infringement claims against Hearst Corporation

TRADEMARK—S.D.N.Y.: Similar weather and traffic marks support trademark infringement ...

September 30, 2026 | By George Basharis, J.D.
Hearst’s FIRST WARNING WEATHER and TRAFFIC marks are sufficiently similar to Gray Local Media’s registered FIRST ALERT marks to support plausible allegations of consumer confusion. The similarity between competing television stations’ weather and traffic marks, combined with their use for essentially the same services in the same markets, allows Gray Local Media to pursue trademark claims against Hearst, a media corporation, over its FIRST WARNING WEATHER and FIRST WARNING TRAFFIC branding.…
ANTITRUST—N.D. Ill.: Industrial equipment rental plaintiffs dump defendants’ motions to dismiss antitrust claims

ANTITRUST—N.D. Ill.: Industrial equipment rental plaintiffs dump defendants’ motions ...

September 30, 2026 | By Justin Marcus Smith, J.D.
The court only dismissed one parent company because there was no facial indication that it participated in or ratified the alleged price-fixing scheme. Industrial equipment renters plausibly alleged that various rental companies and Rouse Services LLC (Rouse), a construction equipment information services company, entered into an unlawful agreement in both restraint of trade and information exchange, held the federal district court in Chicago. The court also found the plaintiffs alleged…
DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—N.D. Cal.: Claims against cooler maker move forward in consumer’s finger injury case

DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—N.D. Cal.: Claims against cooler ...

October 1, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
The consumer sufficiently alleged both a design defect and causation, and evidence of a subsequent recall of the subject cooler reinforced his theories of defect. In an action arising from a consumer’s finger injury when the tow handle of a roller cooler allegedly pinched his finger during movement, a federal district court in California denied the cooler manufacturer’s motion to dismiss. Applying the consumer-expectations test, the court found that removing a cooler from a bear box was…
DISCRIMINATION—RACE—9th Cir.: White employee revives hostile work environment claim tied to racial justice training

DISCRIMINATION—RACE—9th Cir.: White employee revives hostile work environment claim ...

September 29, 2026 | By Todd Harrison, J.D.
Among other things, the employee allegedly overheard trainers say that “white people are cannibals,” that “racism is in white people’s DNA,” and that “white people are like the devil.” Reversing in part a district court’s grant of summary judgment in favor of the City of Seattle against the racial discrimination claims asserted by a former city employee, the Ninth Circuit determined that the evidence presented by the employee, accepted as true, would show that he was subjected to racially…

EXPERT INSIGHTS—Michigan federal court drives back auto manufacturing employees' collective action efforts
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October 1, 2026 | By Gerald Maatman, Jr. & Shannon Noelle & Olga Romadin
Duane Morris Takeaways: In Glidwell v. Autoneum N. Am., Inc., Case No. 2:24-CV-12805, 2026 WL 2621157 (E.D. Mich. Sept. 4, 2026), in a decision issued on September 4, 2026, Judge Robert J. White of the U.S. District Court for the ...

EXPERT INSIGHTS—Starbucks settlement adds to growing scrutiny of corporate DEI programs
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October 1, 2026 | By Richard W. Arnholt & Tim K. Garrett
Key Takeaways DEI scrutiny is occurring at both the state and federal levels. The Starbucks settlement shows that state attorneys general are also scrutinizing employment and corporate governance practices involving race- or sex-b...

SEC NEWS AND SPEECHES—Commission tweaks quorum rule to allow for single commissioner scenario
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September 30, 2026 | By Mark S. Nelson, J.D.
The change, while aimed at the consequences of conflicts and recusals, could facilitate action by just one commissioner in an array of matters. The Commission adopted an amendment to its quorum rule that will facilitate continued ...

FRAUD AND MANIPULATION—E.D.N.Y.: Alleged misrepresentations were puffery and publicly available when made
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September 30, 2026 | By Jay Fishman, J.D.
A reasonable investor would not rely on the defendants’ statements. New York’s Eastern District Court dismissed the plaintiffs’ fraud complaint under Exchange Act Section 10(b)/Rule 10b-5 and Section 20(a) essentially because the ...

AI Developers Voluntarily Commit to Security Audits After White House Summit
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September 30, 2026 | By Tom Leithauser
Six leading AI (artificial intelligence) developers have agreed to employ outside evaluators and establish internal teams to ensure that new AI models don’t engage in autonomous hacking or other malicious activities. Following an ...

Citing AI Cyber Threats, Gallego Seeks Establishment of Senate AI Committee
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September 30, 2026 | By Tom Leithauser
Citing recent reports about AI (artificial intelligence) systems engaging in autonomous hacking, Sen. Ruben Gallego (D., Ariz.) yesterday introduced a resolution that would establish a Senate Select Committee on Artificial Intelli...

CONTROLLED SUBSTANCES—E.D. Tenn.: McKesson brought about the proper removal of an opioid diversion case to federal court
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October 1, 2026 | By Justin Marcus Smith, J.D.
The federal officer removal statute applies when federal conduct is implicated, and even if that conduct is not challenged, a disclaimer about that is not enough to overcome allegations of conduct related to an act under color of ...

GENERAL HEALTH CARE NEWS—M.D. La.: Claim against MSA administrator for underpayment of medical bills dismissed
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October 1, 2026 | By Sherri M. Schroeder, J.D.
The medical provider claimed the Medicare Set-Aside administrator should pay providers rendering services to MSA account-holding patients at the workers' compensation fee schedule rates. A case arising out of alleged underpayment ...

CONSUMER INANCIAL PROTECTION BUREAU—As part of GAO DOGE data access report, CFPB calls report ‘misleading’
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September 30, 2026 | By Jonathan Anderson
GAO concluded: “Congress and the Public Lack Assurance That Systems and Data Were Protected at Multiple Agencies.” The U.S. Government Accountability Office (GAO) issued a report detailing its attempt to review whether agency Depa...

FINANCIAL STABILITY—FDIC, Fed satisfied with resolution plans of $250B+ banking organizations
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September 30, 2026 | By Sherri M. Schroeder, J.D.
The agencies did not identify any shortcomings or deficiencies in the submitted resolution plans and determined that previously identified shortcomings had been satisfactorily addressed. According to a joint press release issued b...

PATENT—D. Del.: Bayer patent suit against COVID-19 vaccine makers survives dismissal
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September 30, 2026 | By Patricia K. Ruiz, J.D.
A Delaware court found Bayer plausibly alleged infringement of a gene-editing patent used in mRNA vaccine development. Bayer CropScience LLC, Monsanto Company, and Monsanto Technology, LLC plausibly alleged that Moderna and the Pf...

PATENT—N.D. Cal.: Motion to dismiss a sail printing process patent from an infringement suit as invalid denied
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September 30, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The district court declined to find that the sail printing process patent invalid either as directed to an abstract idea or as anticipated by prior art. In a patent infringement dispute, the U.S. District Court for the Northern Di...

ADVERTISING—S.D. Cal.: False labeling suit against Cove Soda can proceed
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September 30, 2026 | By Donielle Tigay Stutland, J.D.
Consumer alleges that the product’s “No Artificial Sweeteners” representation is false because the soda contains 10 grams of erythritol and uses it as a sweetener. A suit alleging that Cove Drinks’ “No Artificial Sweeteners” label...

ANTITRUST—D.N.M.: New Mexico government retirement funds could not bring released claims about CDS auctions
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September 30, 2026 | By Justin Marcus Smith, J.D.
However, the plaintiffs could assert new claims based on post-release conduct if such conduct had a factual predicate that differed from the released conduct Three New Mexico government retirement funds could not pursue claims for...

CLASS ACTIONS AND MULTI-DISTRICT LITIGATION—MEDICAL DEVICES—D. Md.: MDL request fails to halt spinal device case
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October 1, 2026 | By Erick Jorgenson
The court found that the patient offered only generalized claims about litigation costs and inconsistent rulings, without facts sufficient to justify a stay. The federal district court denied a patient’s request to pause a product...

CPSC NEWS—CHILDREN’S PRODUCTS—ABC Trading recalls 37K water-bead squishy toys
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October 1, 2026 | By WK Editorial Staff
Consumers will be offered a full refund after providing a photograph of the discarded toy. ABC Trading Inc. is recalling about 37,000 squishy dumpling and crazy squib ball toys because the water beads inside the products can expan...
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