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Summary With the Protect College Sports Act of 2026 (the Act) now awaiting a House vote, universities and other stakeholders have a window to get ahead of potentially sweeping bipartisan legislation, which would create national rules governing student-athlete name, image, and likeness (NIL) compensation, eligibility, a
On October 14, 2026, Manhattan District Attorney Alvin L. Bragg Jr. announced the office’s new Corporate Crime and Antitrust Task Force (“Task Force”). This development marks yet another instance in which state-level enforcers have proclaimed a growing commitment to antitrust enforcement. The Task Force will investigat
On October 7, 2026, Colin M. McDonald, Assistant Attorney General for the Department of Justice’s National Fraud Enforcement Division, issued a memorandum highlighting the Fraud Division’s crackdown on fraud. Bracewell recently published an update on the Fraud Division’s corporate enforcement policy and, shortly before
Likelihood of confusion (LOC) surveys assess if the reasonable consumer will be confused, mistaken, or deceived as to the source or affiliation of goods or services. [i] Although surveys are not a requirement in trademark and trade dress litigation, they are frequently used as evidentiary support, beginning in the pret
On October 13, 2026, a divided panel of the U.S. Court of Appeals for the Second Circuit revived a putative collective and class action alleging that discount supermarket chain Lidl failed to pay grocery workers for time spent waiting outside locked stores for a manager to let them in. The decision in Santos v. Lidl US
The Commodity Futures Trading Commission (CFTC or the Commission) has moved to clarify and codify the distinction under the Commodity Exchange Act (CEA) between federally regulated event contracts and gambling products traditionally overseen by state and tribal authorities. Following conflicting federal appellate decis
On Oct. 8, 2026, the Fight for Our Future coalition filed an initiative petition to create a new financial assets tax on multimillionaires (FAT) with the Oregon secretary of state’s Elections Division. Initiative Petition 2028-037 (IP 37) is in the initial signature phase and is proposed for inclusion on the ballot in
The Commodity Futures Trading Commission issued an advance notice of proposed rulemaking (Notice) on Oct. 5, 2026, seeking public comments addressing how CFTC might develop a framework for regulating retail crypto asset transactions offered or conducted on a leveraged, margined, or financed basis (retail crypto asset t
On October 5, 2026, the Second Appellate District of the California Court of Appeal held in Doe v. Wells Fargo Bank, N.A. , No. B344642, that an employer was not strictly liable under the California Fair Employment and Housing Act (FEHA) for harassment perpetrated by the plaintiff’s coworker when that coworker was a su
On September 9, 2026, the U.S. Department of the Treasury announced that its Financial Crimes Enforcement Network (“FinCEN”) has identified approximately $17.5 billion in suspicious financial activity potentially linked to health care fraud. The announcement accompanied the release of a new Financial Trend Analysis (“F
In a significant development for nonresident investors and private equity structures, the California Office of Tax Appeals (OTA) held that gain attributable to IRC section 751(a) “hot assets,” such as unrealized receivables and inventory items, remain part of the sale of a partnership interest. As the sale of an intang
On Oct. 2, 2026, the Centers for Medicare & Medicaid Services (CMS) published the final rule for the Global Benchmark for Efficient Drug Pricing (GLOBE) Model. GLOBE is a mandatory Medicare Part B most-favored-nation (MFN) pricing model that uses international pricing benchmarks to calculate manufacturer rebates for qu
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