Attorney Wire Briefing: October 2, 2026
Includes a Senate-passed bill, a federal jury verdict, a NHTSA final rule, a federal appellate opinion, a Supreme Court order, and a district court post-trial ruling from this week’s briefing.
Good morning – it’s Friday, October 2, 2026.
Here are six key legal developments we’re following.
Estimated read time: 3 minutes
Lead Story
Senate Passes College Sports Bill With Limited Antitrust Protections
What happened: The Senate passed the bipartisan Protect College Sports Act, 77-22, establishing federal rules for transfers and eligibility and requiring scholarship and medical protections. The bill provides limited antitrust protection for NCAA, conference and school rules governing eligibility, transfers, athlete compensation, revenue sharing and related enforcement, but does not change student-athletes’ employment status.
Why it matters: The bill would replace parts of the state-law patchwork governing compensation, transfers and eligibility with federal standards. The antitrust exemption would protect enforcement of specified rules from federal and state antitrust challenges while leaving other conduct subject to antitrust law. It also leaves unresolved whether student-athletes may gain employee status and collective bargaining rights.
Implication: If enacted, universities, athletic programs, agents and athletes would need to reassess compensation, transfer, eligibility and benefit policies, as well as existing contracts and potential employment and collective bargaining disputes.
Read more: New York Times | Senate-Passed Bill
The Docket
Jury Returns Record $5.7 Billion Patent Verdict Against Apple
A California federal jury awarded Taction Technology more than $5.7 billion, finding Apple infringed two haptic-feedback patents used in iPhones and Apple Watches. The jury found the infringement was not willful, and Apple plans to appeal.
Why it matters: The largest U.S. patent jury award on record will face significant post-trial and appellate scrutiny, including challenges to the damages calculation before the Federal Circuit.
Read more: CNBC | Verdict
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NHTSA Finalizes Lower Fuel-Economy Standards for Automakers
NHTSA finalized lower fuel-economy standards, projecting a fleet average of 34.9 mpg in 2031, down from 50.4 mpg under the prior rule. A multistate coalition of attorneys general opposed the rollback, challenging NHTSA’s statutory analysis and methodology.
Why it matters: Litigation will likely test whether NHTSA justified the rollback and satisfied its duty to set standards at the “maximum feasible” level, potentially determining which standards govern future model years.
Read more: Wall Street Journal | Final Rule
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Third Circuit Rejects Fair Use in Thomson Reuters AI Copyright Case
The Third Circuit affirmed a copyright ruling for Thomson Reuters, holding that ROSS Intelligence’s use of Westlaw headnotes to train a competing AI legal research tool was not fair use. It also found 2,243 headnotes sufficiently original for copyright protection.
Why it matters: The first federal appellate ruling on fair use in AI training found ROSS’s use highly commercial and minimally transformative because it helped create a Westlaw competitor. The decision provides precedent on commercial substitution and market harm while leaving broader generative AI questions unresolved.
Read more: Reuters | Opinion
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Supreme Court Lets Third-Country Removals Resume, Sets December Argument
The Supreme Court stayed a lower-court order, allowing noncitizens to be removed to countries other than their countries of origin while it reviews the policy. The Court granted certiorari and set December argument on the policy’s legality, federal-court jurisdiction and remedial authority.
Why it matters: The case could clarify federal authority over third-country removals, required protections for people claiming persecution or torture, and courts’ power to restrict immigration enforcement.
Read more: New York Times | Order
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Trader Joe’s Prevails on ERISA Forfeiture Claims After Bench Trial
After a six-day bench trial, a Massachusetts federal judge ruled Trader Joe’s did not violate ERISA by using plan forfeitures to offset employer contributions, rejecting claims covering more than 40,000 participants. Plaintiffs prevailed separately on excessive recordkeeping fees, receiving about $1.2 million in damages and interest versus more than $9 million sought.
Why it matters: The decision is an early defense victory in growing ERISA litigation over plan forfeitures and could influence how courts assess fiduciary duties, plan terms and the use of forfeitures to reduce employer contributions.
Read more: Reuters | Findings of Fact and Rulings of Law
Partner Signal
Burford Could Receive $1.4 Billion From Apple Patent Verdict
Litigation funder Burford Capital said it could receive about $1.4 billion of Taction Technology’s $5.7 billion patent verdict against Apple, while cautioning the award could be reduced on appeal or through settlement.
Reuters
What We’re Watching
FTC Investigates OpenAI, Anthropic Over AI Agent Risks
The FTC is investigating OpenAI, Anthropic and other AI companies over consumer risks from agents acting beyond instructions or interacting unexpectedly with external websites. The inquiry could signal how the agency will apply consumer-protection law to autonomous AI systems.
Associated Press
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