Article
Costco Agrees To Pay $14M To End A CEMA Subject Line Lawsuit
A Washington court has approved a $14 million settlement in a case alleging Costco violated the state's Commercial Electronic Mail Act by using misleading subject lines that created false urgency about limited-time offers. The case highlights the continuing surge in CEMA litigation following the Brown v. Old Navy decision, with statutory damages that can quickly accumulate even after recent legislative reductions.
United States Media & IT
KD
Kelley Drye & Warren LLP
Article
Ninth Circuit: Breach Of Confidence Confers Standing In Health Data Security Case
The Ninth Circuit has ruled that health plan participants whose confidential information was disclosed without authorization have standing to sue in federal court, even without showing financial loss or future harm. This decision, which departs from the risk-based approach many courts have applied since TransUnion, relies on the centuries-old action for breach of confidence and could have significant implications for companies' privacy commitments and data-sharing practices.
United States Litigation
JD
Jones Day
Article
Debate Over McDonnell Douglas Burden-Shifting Framework Continues As U.S. Supreme Court Again Declines Review
The U.S. Supreme Court has once again declined to revisit the McDonnell Douglas burden-shifting framework, a cornerstone of employment discrimination litigation for over 50 years. With growing criticism from Justices Thomas and Gorsuch, and an increasing number of lower court judges questioning its validity, the legal landscape surrounding discrimination claims may be shifting. Employers operating across multiple jurisdictions should understand how these developments could impact their litigation strategies
United States Employment
JL
Jackson Lewis P.C.
Article
The FY 2027 Exam Priorities Get A Pumpkin Spice Makeover
The SEC Division of Examinations has released its FY 2027 priorities for investment advisers and funds, introducing new focus areas while quietly removing others from last year's list. What do these changes signal about regulatory scrutiny, and how should firms adjust their compliance strategies to address emerging concerns around economic conflicts, private credit valuation, and the integration of artificial intelligence into examination processes?
United States Finance
KG
K&L Gates LLP
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New York City’s Click-to-Cancel Rule: What Businesses Need To Know
New York City has enacted the nation's first municipal click-to-cancel rule, requiring businesses to provide clear disclosures, simple cancellation processes, and advance renewal notices for subscription services. With approximately 30 states already implementing similar regulations and the federal landscape in flux following the FTC's vacated rule, companies now face an increasingly complex patchwork of compliance obligations. The rule takes effect October 1, 2026, and imposes penalties ranging from $525 t
United States Consumer
SA
Skadden, Arps, Slate, Meagher & Flom (UK) LLP

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Article
Federal Circuit Affirms No Infringement in Pharmaceutical Patent Dispute Over pH Measurement Conditions For Epoprostenol Composition
The Federal Circuit's recent decision in Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc. examines critical questions about how pH measurements in pharmaceutical patent claims should be interpreted and applied. The court's analysis addresses whether pH should be measured at standard laboratory temperature or at the actual operating temperature during manufacturing, with significant implications for both literal infringement and doctrine of equivalents theories.
United States IP
AO
A&O Shearman
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PTAB/USPTO Update - October 2026
The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United States IP
W
WilmerHale
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Covers Donald Trump's Presidency, providing expert thought leadership across the various legal practice areas that may be impacted.

Including but not limited to Employment and HR, Immigration, International Law, Environment Law and Technology.

Article
FTC's Changing Model Raises Questions About Its Mission
The Federal Trade Commission faces fundamental questions about its institutional identity as recent Supreme Court decisions reshape its traditional model of independence and administrative adjudication. As FTC leadership embraces greater presidential accountability and shifts toward federal court litigation, the agency must demonstrate how its distinct statutory mission—particularly its unique Section 5 authority over unfair methods of competition—justifies maintaining two separate federal
United States Anti-trust
WR
Wiley Rein
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Sanctions Update: October 26, 2026
This comprehensive sanctions update examines the US Department of Homeland Security's exclusion order on DeepSeek AI products across federal agencies, exploring implications for US-China tech competition and potential escalation in AI controls. The analysis covers recent international sanctions developments including Iran's shadow fleet network, intellectual property theft enforcement, and evolving regulatory measures across US, EU, and Asia-Pacific jurisdictions.
Global Government
S
Steptoe LLP
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