Skip to main content
Insights
Inflation Reduction Act
Unanimous Supreme Court: Consumer Confusion Is Trademark Infringement Test, Even for Punny Parodies
It may be punny or even funny, but a unanimous Supreme Court has decided that the “Bad Spaniels” dog-toy brand may infringe and dilute the “Jack Daniel’s” trademark. [1] Last week’s opinion puts an end to the toy maker’s attempt...
Warhol Decision May Lead to Copyright Licensing Spike
Artists beware—it’s not how hard you work but how differently you use the art that really matters. In the majority decision that governs, and as such, artists and copyright owners must now keep in the forefront of their minds the potential future uses of a work when evaluating whether the new creation is fair use or unlawfully derivative.
FINRA Facts and Trends: May 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s appearance at SIFMA...
Behind the Scenes of US Banking: Regulators, Challenges and the Future, Part II
In the second of a two-part episode of The Bracewell Sidebar, host Matthew Nielsen is joined by guests Will Anderson and Bob Clarke to discuss recent bank failures, including SVB Financial Group and Signature Bank.
Behind the Scenes of US Banking: Regulators, Challenges and the Future, Part I
In the first of a two-part episode of The Bracewell Sidebar, host Matthew Nielsen is joined by guests Will Anderson and Bob Clarke to discuss recent bank failures, including SVB Financial Group and Signature Bank. They look at the role...
Preserving NAFTA Legacy Rights Requires Immediate Action
Investors from the United States, Mexico or Canada in the territory of one of the other two investment hosting states, who may have been adversely affected by the host government’s measures, need to act by the end of March 2023...
Cooperation Credit: What Are the Rules Now?
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme share their thoughts on the ABA White Collar Conference, held in Miami, Florida, March 1-3, 2023.
Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights
Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal role in the growth and development of...
FINRA Facts and Trends: January 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we examine the 2023 Report on FINRA’s...
DOJ to Prosecutors: Think Twice and Ask Permission Before Charging
Last week, Attorney General Merrick Garland issued a new DOJ charging and sentencing policy memorandum, replacing existing guidance to federal prosecutors in their exercise of prosecutorial discretion. The thrust of the extraordinary new policy is that prosecutors are no longer...
Assessing Risk in a Rapidly Evolving Digital and Physical World, With Guest Brian Mich of Control Risks
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme are joined by Brian Mich from Control Risk, a specialist risk consulting firm. Brian leads the regulatory risk and investigations practice for the Americas region, which includes...
FINRA Facts and Trends: November 2022
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s targeted sweep of...
SEC Notches Win in Cryptocurrency Registration Battle
Scoring a victory for the Securities and Exchange Commission in its efforts to qualify digital tokens as securities, a New Hampshire federal court ruled this week that tokens sold by LBRY Inc., known as LBC, are securities and subject to...
FINRA Facts and Trends: October 2022
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s first Regulation BI...
TSA’s New Cyber Directive for Freight & Passenger Railroad Carriers are the Agency’s Latest Move to Keep the Nation on Track
In its continued efforts to enhance the cybersecurity of transportation and other critical infrastructure systems across the country, the Transportation Security Administration (TSA) issued on October 19, 2022 a new security directive for passenger and freight railroad carriers. The Enhancing...