Artificial intelligence is often cast as having a “safety crisis,” with warnings that it is advancing without oversight, accountability, or guardrails. A broader view suggests that what is unfolding is part of a familiar pattern…
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/ Administrative Law, Products Liability, Science, Computers, & Technology
AI copyright litigation continues, and the total number of cases may see its peak in 2026. In 2025, we saw the earliest rulings on the fair-use arguments about AI training in cases involving Meta and Anthropic. In 2026, courts…
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/ Intellectual Property, Science, Computers, & Technology
On February 3, 2026, the Delaware Supreme Court reversed the Delaware Court of Chancery’s decision in North American Fire Ultimate Holdings LP v. Doorly, restoring a more traditional and predictable approach to evaluating…
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/ Commercial Law & Contracts, Labor & Employment Law
Recent actions by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and the U.S. Department of Justice (DOJ) highlight how enforcement risk extends beyond manufacturers and exporters to include forwarders,…
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/ Antitrust & Trade Regulation, International Law & Trade, Science, Computers, & Technology
Divided government and a lack of consensus on how to move forward on comprehensive AI legislation means that Congress is instead pivoting to focus on industry oversight, narrow bills on AI policy, and requests for additional…
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/ Communications & Media Law, International Law & Trade, Science, Computers, & Technology
In a recent update to internal procedural guidance, the General Services Administration (GSA) has established a new framework of security requirements and privacy controls for contractor information systems that process, store,…
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/ Government Contracting, Privacy, Science, Computers, & Technology
In Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, — F.4th —, No. 24-313 (2d Cir. Dec. 18, 2025), the United States Court of Appeals for the Second Circuit addressed a question of first impression at the federal…
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/ Civil Procedure, Conflict of Laws, International Law & Trade
Procuring agencies enjoy considerable discretion when evaluating proposals, assigning strengths, and determining best value. In streamlined acquisitions, such as orders and blanket purchase agreements (BPAs) under the Federal…
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/ Administrative Law, Government Contracting
As 2025 came to a close, the crescendo of discourse around whether the “AI bubble” was ready to burst was hard to avoid. Looking ahead to 2026, whether skepticism toward AI companies and their respective valuations will continue…
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/ Finance & Banking, Science, Computers, & Technology
As artificial intelligence adoption accelerates, data centers are undergoing a fundamental transformation. In 2026, AI infrastructure is no longer defined by scale alone; it is about power density, access to energy, geographic…
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/ Energy & Utilities, Science, Computers, & Technology, Zoning, Planning & Land Use
In our latest edition of MoFo’s Quarterly Federal Securities and Corporate Litigation Newsletter, we provide a rundown of select developments from the fourth quarter of 2025, including:
• An Eleventh Circuit revival of a…
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/ Business Organizations, Commercial Law & Contracts, Securities Law
As federal momentum toward a comprehensive U.S. AI law remains stalled, state regulators are stepping decisively into the gap. Heading into 2026, state attorneys general are likely to play an increasingly central role in shaping…
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/ Consumer Protection, Privacy, Science, Computers, & Technology
The California Department of Financial Protection and Innovation (DFPI) is sharpening its focus on the credit reporting ecosystem. On January 12, 2026, the DFPI issued a second invitation for public comment, seeking input on…
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/ Administrative Law, Consumer Protection, Finance & Banking
From the AI Act to the Data Act and from the Data Governance Act to the DMA and DSA, the EU has rapidly expanded its AI and digital regulations over the past five years. In the field of AI and data regulation, 2026 will be…
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/ Administrative Law, Privacy, Science, Computers, & Technology
The staff of the Market Participants Division (the “Staff”) of the Commodity Futures Trading Commission (CFTC) have issued two no-action letters that provide targeted relief from commodity pool operator (CPO) and commodity…
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/ Finance & Banking, Securities Law
