On October 28, the Florida Agency for Health Care Administration (AHCA) published a Notice of Rule Development proposing to amend the standards and licensure requirements for assisted living facilities (ALFs), including new regulations implementing a memory care services license.

In the runup to and aftermath of highly contested midterm elections, partisan divisions seem deeper than ever.

AFS 2026 Election Analysis

As election officials continue tabulating the results across the nation, it is clear that Congressional Democrats will have robust majorities in the US House of Representatives and US Senate during the 120th Congress. In a midterm election that featured a Democratic takeover of historic proportions, we saw a combination of expected and unexpected results that led some observers to doubt it was real. One Democratic television commentator exclaimed, “Don’t wake me up,” since the wins that were piling up were more than he could have dreamed of.

A federal grand jury in Tampa returned an indictment charging two foreign nationals with conspiracy in connection with an alleged scheme to import and sell counterfeit Ozempic sourced from China and to defraud the United States, as well as with smuggling, and selling counterfeit drugs.

On October 16, the Delaware Court of Chancery dismissed a suit by a private equity-backed buyer seeking to enforce restrictive covenants against a former partner of the accounting firm it had acquired.

This month, the US Food and Drug Administration (FDA) issued a final guidance providing an overview of how the agency intends to implement the mandatory recall authority established under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

Headlines that Matter for Companies and Executives in Regulated Industries

In an effort to provide registrants with clearer guidance on the examination process, the Division of Examinations of the US Securities and Exchange Commission (SEC) released The SEC Exam Handbook: A Practical Guide on Process and Engagement, which replaces and expands upon the Division’s prior examination brochure published in 2023.

In Brinkley v. Meenta, Inc., et al., the Suffolk County Superior Court granted summary judgment for the defendants on a former employee’s Massachusetts Wage Act claims, holding that her compensation, calculated as a percentage of the company’s overall quarterly revenue, was not a commission protected by the Act.

On October 21, Australia’s Industrial Chemicals Introduction Scheme (AICIS) released a draft evaluation of per- and polyfluoroalkyl substance (PFAS) introduction and use in Australia and opened a public consultation that may shape future PFAS reporting and risk management requirements.

In Louann Gray, et al. v. Volato, Inc., et al., the US District Court for the Middle District of Florida granted summary judgment in favor of a private aviation company that terminated more than 200 employees without providing the 60-day notice required by the Worker Adjustment and Retraining Notification Act (WARN Act).

In Thomson Reuters Enter. Ctr. GmbH v. ROSS Intel. Inc., the US Court of Appeals for the Third Circuit issued one of the first federal appellate decisions to address fair use in the artificial intelligence (AI) training context. No. 25-2153, 2026 WL 2932557 (3d Cir. Sept. 29, 2026).

On September 30, the US Securities and Exchange Commission (SEC) proposed two sets of rule amendments designed to expand individual (retail) investor access to private market strategies through registered funds and business development companies (BDCs; collectively, regulated funds).

In a previous alert, we noted that 2027 will bring important changes to the US state privacy landscape.

In Daikin Applied Americas Inc. v. Russo, et al., the Massachusetts Supreme Judicial Court (SJC) affirmed the denial of a preliminary injunction that would have barred two former employees and their new company from soliciting 75 of their former employer’s customers for one year.

As Virginia moves toward the opening of its regulated adult-use cannabis market, a federal grand jury in the Eastern District of Virginia has returned a marijuana-related indictment against Virginia power-broker, State Senator L. Louise Lucas and six co-defendants.

Pencils down, the US Securities and Exchange Commission (SEC) Division of Examinations has once again previewed (some of) the test.

The Second Circuit has joined the Fifth Circuit in holding that health care providers have no private right of action to enforce independent dispute resolution (IDR) awards under the No Surprises Act (NSA).

Headlines that Matter for Companies and Executives in Regulated Industries

Welcome to the October 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Building owners should not have to treat functioning, federally compliant equipment as obsolete simply because a state or city adopts a building-wide energy target.

Last week, the US Court of Appeals for the Eleventh Circuit (which covers Alabama, Florida, and Georgia) overruled a 1985 precedent, Mason v. Continental Group, Inc., that required employees to exhaust their benefit plan’s internal claims resolution process before suing for violations of the Employee Retirement Income Security Act (ERISA).

In Adem Arslani v. Microsoft Corporation, et al., the US District Court for the Northern District of Illinois granted motions to dismiss a pro se plaintiff’s Defend Trade Secrets Act (DTSA) claim as untimely, holding that the plaintiff’s own allegations showed that he knew of the alleged misappropriation of his health care consulting methodologies in late 2021, more than three years before he filed suit.

Can a company be too green for a red state and not green enough for a blue one? Increasingly, that is not just a political question. It is a business and legal one.

On October 14, Manhattan District Attorney (DA) Alvin Bragg announced the formation of his office’s first Corporate Crime and Antitrust Task Force.