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  • TRADE SECRETS—2d Cir.: Second Circuit revives SS&C trade secrets suit against Arcesium

    TRADE SECRETS—2d Cir.: Second Circuit revives SS&C trade secrets suit against Arcesium

    TRADE SECRETS—2d Cir.: Second Circuit revives SS&C trade secrets suit against Arcesium
    November 4, 2026 | By Patricia K. Ruiz, J.D.
    The court found the allegations plausibly support trade secret misappropriation claims under federal and New York law. The U.S. Court of Appeals for the Second Circuit revived a trade secret misappropriation lawsuit brought by SS&C Technologies Holdings, Inc. and Advent Software, Inc. against Arcesium LLC, holding that the complaint plausibly alleged both the existence of protectable trade secrets and their misuse by a former business partner. The appeals ...
SETTLEMENT AGREEMENTS—CHEMICAL PRODUCTS—3M agrees to $7.35 billion AFFF personal injury settlement

SETTLEMENT AGREEMENTS—CHEMICAL PRODUCTS—3M agrees to $7.35 billion AFFF personal injury settlement

November 4, 2026 | By WK Editorial Staff
The agreement covers approximately 99% of current personal injury claims inside and outside the Aqueous Film-Forming Foam Multi-District Litigation in South Carolina. 3M has reached an agreement to re...
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…
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…
House Set to Consider Small-Business Cybersecurity Bills Next Week

House Set to Consider Small-Business Cybersecurity Bills Next Week

November 4, 2026 | By Tom Leithauser
Small-business cybersecurity bills are scheduled for consideration when the House returns from recess next week with two bills teed up for floor votes under suspension of House rules, according to the Congressional Budget Office, which today published a list of bills provided by House Majority Leader Steve Scalise (R., La.) that are likely to be considered beginning next Monday. The Cybersecurity for Small Businesses Act (H.R. 10238 , 119th Cong. (2026)), which cleared the House Small Business…
FRAUD AND ABUSE—1st Cir.: No violation of constitutional rights where provider repeatedly requested to proceed pro se

FRAUD AND ABUSE—1st Cir.: No violation of constitutional rights where provider ...

November 4, 2026 | By Jeffrey H. Brochin, J.D.
The provider made her choice after she “cycled through” no less than 13 attorneys and having been given warnings regarding waiver of the right to assistance of counsel. The U.S. Court of Appeals for the First Circuit has affirmed the decision of the district court both as to a provider’s conviction for health care fraud and her sentencing level calculation. After repeatedly requesting to represent herself, the district court made clear to her that she could not come back later to the appeals…
PRUDENTIAL REGULATION—OCC issues consequence-based examiner framework for banks’ artificial intelligence use

PRUDENTIAL REGULATION—OCC issues consequence-based examiner framework for banks’ ...

November 4, 2026 | By Colleen M. Svelnis, J.D.
The OCC released its first framework for the agency’s bank examination workforce on banks’ use of Super Intelligence (SI), and stated that banks need not define a separate SI risk appetite. The Office of the Comptroller of the Currency (OCC) has issued an examiner framework for banks’ use of Super Intelligence (SI), commonly referred to as Artificial Intelligence, in normal-course business activities. The framework is intended to provide OCC bank examiners with a supervisory framework to…
COPYRIGHT NEWS—Newspaper publishers sue Brave alleging scraping of content for AI companies

COPYRIGHT NEWS—Newspaper publishers sue Brave alleging scraping of content for AI ...

November 3, 2026 | By Brian Craig, J.D.
The publishers for the New York Daily News , Chicago Tribune , and Orlando Sentinel bring claims for direct copyright infringement, vicarious copyright infringement, and related claims. Newspaper publishers for the New York Daily News , Chicago Tribune , and Orlando Sentinel have filed a copyright infringement case in the federal district court in New York City against Brave Software, Inc. alleging that the technology company has unlawfully acquired and distributed material for building…
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…
JURISDICTION—MOTOR VEHICLE EQUIPMENT—N.D. Ind.: Cooktop maker denied declaratory judgment in RV explosion case

JURISDICTION—MOTOR VEHICLE EQUIPMENT—N.D. Ind.: Cooktop maker denied declaratory ...

November 3, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
A Canadian forum was more appropriate as there was no operative forum-selection clause and the relevant evidence, witnesses, and events were concentrated in Québec. In an action brought by a cooktop manufacturer seeking a determination of nonliability after a recreational vehicle containing a cooktop exploded, a federal district court in Indiana dismissed the manufacturer’s declaratory judgment action against the trailer maker. The parties’ contracts did not incorporate the manufacturer’s…
SUPREME COURT DOCKET—High Court weighs limits on raising late-stage defenses in employment cases

SUPREME COURT DOCKET—High Court weighs limits on raising late-stage defenses in ...

November 3, 2026 | By Brandi O. Brown, J.D.
Supreme Court Justices explored whether existing federal rules governing amendments to pleadings provide the answer to a growing circuit split over late-raised affirmative defenses. The U.S. Supreme Court wrestled Monday with whether employers and other civil defendants may wait until summary judgment to raise affirmative defenses that were not included in their original pleadings. The case, Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia , arises from a pregnancy…

EXPERT INSIGHTS—EEOC rescinds criminal records guidance, but “Fair Chance” laws still apply: 5 steps for employers
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November 4, 2026 | By Sheila M. Abron & Jennifer B. Sandberg & Melissa A. Dials
The Commissioners voted 2-1 on October 28 to rescind Obama-era guidance that explained how the agency viewed criminal record screening under Title VII. The Equal Employment Opportunity Commission (EEOC) voted last week to immediat...

EXPERT INSIGHTS—EntertainHR: Iced coffees and interviews
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November 4, 2026 | By Erin M. Shrum
Is whole milk okay? This month's biggest internet debate asks whether bringing an iced coffee to an interview is unprofessional. Corporate recruiter Caitlin Wehniainen thinks so. In a one-minute viral TikTok, she opines that bring...

CFTC NEWS AND SPEECHES—CFTC and USDA agree to coordinate on common regulatory interests with MOU
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November 4, 2026 | By Rebecca E. Hoffman, J.D.
The agencies’ signatures indicate their willingness to meet regularly, share information, and inform each other of relevant issues. The Commodity Futures Trading Commission and the U.S. Department of Agriculture announced November...

FINANCIAL INTERMEDIARIES—SEC increases thresholds for ‘small‘ advisers and investment companies to tailor regulatory impact
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November 4, 2026 | By Lene Powell, J.D.
The amendments are meant to reflect industry growth in the past 30 years and minimize regulatory burden for small firms. The SEC adopted final rule amendments that increase thresholds used to define small investment advisers and i...

CISA Criticized Over Retreat on Election Security
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November 4, 2026 | By Tom Leithauser
The cancellation of its usual Election Day security briefing this year reflects a retreat by the Cybersecurity and Infrastructure Security Agency on election cybersecurity, according to the Foundation for Defense of Democracies (F...

Google Disrupts Botnet That Exploited 1.3M Android Devices
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November 4, 2026 | By Tom Leithauser
A botnet that exploited 1.3 million set-top boxes and other Android devices has been disrupted by Google LLC, which used “legal action” to take down the botnet’s infrastructure, according to the company’s Threat Intelligence Group...

EXPERT INSIGHTS—Peptides First, Paperwork Later: HHS Clears Six For Compounding Ahead Of Bulks List Rulemaking
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November 4, 2026 | By Monica R. Chmielewski & Kyle Y. Faget, Patrick Zanayed, Emica Kim, Jae Hyun Lee, Grayson I. Dimick, Marshall E. Jackson, Jr., Paul Gadiock, James Ravitz & Jayda Greco
Overview On October 28, 2026, the US Department of Health and Human Services (HHS) issued an interim policy under which it does not intend to take enforcement action against state-licensed pharmacies, federal facilities, or licens...

ANTITRUST—E.D. Pa.: Summary judgment denied drug manufacturers in Niaspan® pay-for-delay litigation
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November 4, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.
Did a settlement of "a patent infringement case that resulted in the delay of the generic's entry in the market violate antitrust law or was it a lawful, rational business arrangement?". A federal district court judge in Philadelp...

MERGERS AND ACQUISITIONS—OppFi withdraws applications for BNC bank acquisition
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November 4, 2026 | By Colleen M. Svelnis, J.D.
The company still describes the controversial acquisition as pending. Chicago-based OppFi Inc. announced November 3, 2026, that it had withdrawn applications to the Office of the Comptroller of the Currency (OCC), Federal Reserve ...

OVERSIGHT AND INVESTIGATION—FDIC review faults Community Bank & Trust growth oversight, recommends fixes
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November 4, 2026 | By Suzanne Cosgrove
The FDIC plans corrective actions by August 31, 2027; the watchdog’s recommendations will remain open until it confirms the changes are completed. In a Material Loss Review published Tuesday, the FDIC Office of Inspector General a...

COPYRIGHT—S.D.N.Y.: Scraping of YouTube videos can constitute a DMCA violation
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November 4, 2026 | By Matthew Hersh, J.D.
The fact that YouTube videos are publicly available, without scrambling or encryption, did not undermine the claim. An AI video generation service that allegedly bypassed YouTube’s technological protection measures to download lar...

PATENT—Fed. Cir.: PTAB’s ruling on seed drill patent vacated and remanded for a new obviousness analysis
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November 4, 2026 | By Carolin Dennis, B.Sc., LL.B., LL.M.
The Patent Trial and Appeal Board’s (PTAB’s) determination that the disputed claims of the seed drill patent would not have been obvious was not supported by substantial evidence. In a non-precedential disposition, the U.S. Court ...

ANTITRUST—D. Mass.: Two interlocutory orders issued in students’ class action alleging Early Decision conspiracy among universities
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November 4, 2026 | By Donielle Tigay Stutland, J.D.
The court granted the motion for review of whether out-of-state colleges can be sued in the District of Massachusetts; but rejected Vanderbilt’s request for interlocutory appeal of the denial of their motion to dismiss the Sherman...

ANTITRUST—D.N.J.: Apple wins transfer of Rave antitrust suit to California under App Store forum-selection clause
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November 4, 2026 | By Martin A. Steinberg, J.D.
Apple allegedly copied Rave's co-viewing features through SharePlay and used its control over the App Store to eliminate Rave as a competitor, restrict consumer choice, and reinforce Apple's alleged smartphone monopolies. A New Je...

DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—D. Ariz.: Claims against Bard proceed to bellwether trial in patient’s implant injury case
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November 4, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.
Allegations of design and warning defects coupled with evidence of the device maker’s longstanding knowledge of the device’s risks allowed the patient’s claims to move forward. In a bellwether case within a multidistrict litigatio...

EXPERT EVIDENCE—INDUSTRIAL AND COMMERCIAL EQUIPMENT—D.N.J.: With expert testimony excluded, injured man has no claim against saw manufacturer
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November 4, 2026 | By Molly Platnick
The court excluded the injured man’s only expert, foreclosing his products liability claims and chance for summary judgment. The federal district court for the District of New Jersey excluded expert testimony and granted a manufac...
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