Insights

Washington – January 9, 2026: Crowell & Moring elected 15 new partners effective January 1, 2026. The firm also promoted 26 associates to counsel, and one counsel to senior counsel.

Washington – June 20, 2024:  In a rare 8-1 decision, the U.S. Supreme Court decided U.S. v. Rahimi today in favor of restricting access to firearms for domestic violence abusers. The higher court held that: “An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.”

Washington – August 3, 2022: On August 1, a Crowell & Moring team filed an amicus brief in the two affirmative action cases pending before the Supreme Court on behalf of leaders at Howard University and other Historically Black Colleges and Universities (HBCUs), as well as the National Association for Equal Opportunity in Higher Education, the national membership association of the nation’s 106 HBCUs. The HBCU leaders’ brief pointed to Harvard, the University of North Carolina, and other historically White universities’ long history of excluding Black students and its present-day effects, which include continued underrepresentation.

On September 4, 2026, the IRS published a notice of proposed rulemaking (NPRM) titled “Racial Nondiscrimination in Private Schools” (REG-119986-25). The proposed rule would extend the prohibition against racial discrimination in private schools to policies and practices that are intended to serve “remedial or diversity-related objectives,” such as those commonly associated with diversity, equity, and inclusion (DEI) initiatives. Under the proposed rule, any private primary or secondary school, college, professional or trade school, or university, would lose its tax-exempt status if it adopts, maintains, or enforces any policy or practice that considers race, color, or national or ethnic origin in the administration of any admissions policy, scholarship or loan program, athletic program, or other school-administered program. Comments are due November 3, 2026, and, if finalized, the proposed rule would go into effect on May 31, 2027. 

On August 20, 2026, the College Sports Commission (CSC) released a memorandum outlining how its Department of Investigations (DOI) is approaching enforcement of name, image, and likeness (NIL); revenue sharing; and roster limit rules. The memo signals that the CSC’s enforcement apparatus is fully operational and that Division I institutions should prepare for direct investigative engagement.

As schools, athletes, and other entities continue to navigate the boundaries of the House Settlement (In Re College Athlete NIL Litigation, No. 4:20-cv-03919-CW), at least one recent decision made clear a court’s position on what qualifies as an Associated Entity under the settlement. As noted previously, the College Sports Commission (CSC) sent out a rules reminder in January regarding Associated Entities. Under the House Settlement, these entities include those