https://www.morganlewis.com/rss/publicationPublications RSS Feed25https://www.morganlewis.com/pubs/2026/04/ai-enforcement-accelerates-as-federal-policy-stalls-and-states-step-inArtificial intelligence is evolving faster than the legal frameworks that govern it. In the United States, comprehensive federal AI legislation remains elusive, yet regulatory and litigation activity is intensifying across multiple fronts. Federal agencies are relying on existing statutes to police AI-related conduct, whereas states are moving aggressively to enact AI laws and expand enforcement under antitrust, consumer protection, and false claims statutes and private plaintiffs are testing new liability theories across industries.Thu, 02 Apr 2026 00:00:00 -0500c69c1357-cd6d-4cfc-a0a4-e3c83ee48034White Collar Litigation & Government InvestigationsState Attorneys GeneralAntitrust & CompetitionUnited StatesArtificial IntelligenceTechnologyLITATRElizabeth B. HerringtonHeather EganRishi P. SatiaEzra D. Churchhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/from-assistant-to-actor-what-the-rise-of-agentic-ai-means-for-your-businessWe are currently witnessing a fundamental shift in the role that AI plays in enterprise operations, transitioning from a system that responds when prompted to one that plans, decides, and acts on its own. This shift has a name: agentic AI. And for business leaders and counsel advising on technology strategy, it deserves serious attention right now.Thu, 02 Apr 2026 00:00:00 -0500f79c007d-0416-4c5b-bb7a-087f814092bdTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementLitigation, Regulation & InvestigationsUnited StatesArtificial IntelligenceTechnologyTMTACCPLITOUTCBTDoneld G. Shelkeyhttps://www.morganlewis.com/blogs/healthlawscan/2026/04/major-government-updates-from-ahla-medicare-and-medicaid-conferenceFrom March 18–20, 2026, the American Health Law Association (AHLA) hosted its annual Institute on Medicare and Medicaid Payment Issues conference in Baltimore, Maryland, focused on the full range of risks and opportunities relating to participation in federal health care payment programs. The schedule provided a formal blueprint for addressing updates in Medicare Parts A & B, Medicaid program changes, supplemental payments, cost reporting, appeals, fraud and abuse, compliance obligations, and health equity requirements. Partners Scott McBride and Greg Etzel made presentations on the underpinnings of overpayments and on Medicare cost reporting and appeals, respectively.Thu, 02 Apr 2026 00:00:00 -0500a6cf5039-4efc-45ba-8603-ba81eb3f0168United StatesHealthcareTesch Leigh WestGregory N. EtzelB. Scott McBridehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/negotiating-ai-provisions-in-commercial-and-technology-contracts-where-the-market-is-headingTwo years ago, many technology agreements addressed artificial intelligence (AI), if at all, through a generic disclaimer or a brief acknowledgment that AI features might be included in the offering. Today, that approach is inadequate. The integration of AI into commercial products, outsourcing arrangements, and enterprise software agreements has forced a rethinking of longstanding contract frameworks.Thu, 02 Apr 2026 00:00:00 -050071231356-69b1-41d8-8efc-0909b17a5eccCorporate, Finance & Investment ManagementCommercial ContractsLitigation, Regulation & InvestigationseDataIntellectual PropertyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyArtificial IntelligenceCBTOUTLITEDATAIPDoneld G. Shelkeyhttps://www.morganlewis.com/pubs/2026/04/unified-enforcement-meets-national-security-doj-signals-a-more-active-nsdOn March 30, 2026, the US Department of Justice’s National Security Division (NSD) provided additional details on reporting potential violations of national security laws, including those pertaining to arms control, dual-use export controls, economic sanctions, or otherwise based on the International Emergency Economic Powers Act.Thu, 02 Apr 2026 00:00:00 -050090cf90c7-8876-4e4d-8625-7fcf050aa157Litigation, Regulation & InvestigationsInternational Trade & National SecurityWhite Collar Litigation & Government InvestigationsForeign Corrupt Practices Act & Global Anti-CorruptionUnited StatesLITJustin D. WeitzMichael H. HunekeMoshe KleinAmanda B. RobinsonSandra Moserhttps://www.morganlewis.com/pubs/2026/04/moving-the-goalposts-key-employment-law-updates-for-football-clubsHaving received Royal Assent at the end of last year, reforms introduced by the Employment Rights Act 2025 are due to enter into force over the next few months. The reforms will have a significant impact on the rights of employees and the approach of employers, and football clubs should consider what they can do now to prepare.Wed, 01 Apr 2026 00:00:00 -05003ecf1e75-2449-4bf4-9b06-19cc5d63a762Labor, Employment & BenefitsEmployment CounselingWorkforce ChangeEuropeUnited KingdomSportsProfessional Sports Leagues, Teams & PlayersEBLBRLouise SkinnerKatherine (Kat) GibsonPhoebe Fardellhttps://www.morganlewis.com/pubs/2026/04/the-effects-of-aifmd-2-on-private-creditPartner Clément Vandevooghel and associate Agathe Llorens co-authored an article for Finascope examining the impact of AIFMD 2 on the private credit market and the evolving regulatory framework for alternative investment fund managersWed, 01 Apr 2026 00:00:00 -0500009cc904-b30f-4d81-ab10-c60378eb9a64Corporate, Finance & Investment ManagementInvestment ManagementStructured TransactionsPrivate CreditEuropeCBTIMPGSTPLClément VandevooghelAgathe LlorensParishttps://www.morganlewis.com/pubs/2026/04/website-tracking-data-breaches-and-ai-class-actions-managing-escalating-technology-litigation-riskRoutine digital practices such as cookies, tracking pixels, session replay tools, cybersecurity controls, AI-driven marketing, and pricing algorithms are all now being scrutinized through the lens of class litigation. This Insight summarizes our recent Morgan Lewis Class Action Academy webinar, examining the major litigation trends and practical considerations for risk mitigation.Wed, 01 Apr 2026 00:00:00 -050052f2c2b3-bc98-4408-a2f5-beccc40ec82cLitigation, Regulation & InvestigationsCybersecurity, Incident Response & PrivacyGlobal Class & Group ActionsUnited StatesTechnologyArtificial IntelligenceLITACCPMegan A. SuehiroHeather EganCatherine North Hounfodjihttps://www.morganlewis.com/pubs/2026/03/ai-in-m-and-a-the-shift-from-competitive-advantage-to-governance-imperativeArtificial intelligence is no longer a fringe capability or experimental tool. It is rapidly becoming a core pillar of corporate strategy, with its influence now extending across the entire deal lifecycle, from sourcing opportunities and shaping valuations to conducting diligence and driving post-transaction integration. Against this backdrop, AI readiness is emerging as a decisive factor in both competitive positioning and transaction value.Tue, 31 Mar 2026 00:00:00 -05000f4df477-0429-4775-ac2d-434b4620a96dCorporate, Finance & Investment ManagementTechnology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyTechnology TransactionsCommercial ContractsGlobal OutsourcingTechnologyArtificial IntelligenceCBTOUTIPDoneld G. ShelkeyA. Benjamin Klaberhttps://www.morganlewis.com/pubs/2026/03/doj-continues-scrutiny-of-health-system-contracting-in-second-2026-antitrust-caseThe US Department of Justice Antitrust Division (DOJ) in March 2026 brought an antitrust action against NewYork-Presbyterian (NYP), alleging that the health system’s contracts with commercial payors restrict “budget-conscious plans” and are anticompetitive under the federal antitrust laws. The suit follows a similar recent action against OhioHealth and demonstrates DOJ’s commitment to challenging certain payor-provider contract restrictions that it believes limits the availability of more cost-effective healthcare plans for employers and patients.Tue, 31 Mar 2026 00:00:00 -0500c59453de-dcbb-41a8-8a8d-0b0794d4892bLitigation, Regulation & InvestigationsAntitrust & CompetitionUnited StatesHealthcareLITATRZachary M. JohnsRyan KantorB. Scott McBrideVincent C. PapaNicholas Pfeiffer https://www.morganlewis.com/pubs/2026/03/dont-let-the-data-walk-out-the-door-reutersPartner Tara Lawler, of counsel Matthew Hamilton, and associate Lindsey Bonafede co-authored an article for Reuters examining how organizations can mitigate data preservation risks during employee departures through coordinated legal, HR, and IT processes.Tue, 31 Mar 2026 00:00:00 -05006ef99c5b-338f-42f2-b403-32fd17301b27eDataeDiscoveryInformation GovernanceLitigation, Regulation & InvestigationsLabor, Employment & BenefitsEmployment CounselingUnited StatesEDATALITEBLBRTara S. LawlerMatthew J. HamiltonLindsey L. Bonafedehttps://www.morganlewis.com/pubs/2026/03/football-governance-act-ifr-information-gathering-and-enforcementThe Football Governance Act 2025 (the Act) places statutory obligations on football clubs, their owners, officers, and senior managers, as well as organisers of specified competitions. These obligations are enforced by the Independent Football Regulator (IFR). The Act significantly expands the IFR’s powers to gather information from clubs, owners, and other persons and to investigate suspected instances of noncompliance with information requirements. This Insight outlines the IFR’s powers to gather such information, how suspected breaches will be investigated, and how sanctions will be decided.Tue, 31 Mar 2026 00:00:00 -05006bccd6c3-70e0-49de-9173-460b08ba0433Corporate, Finance & Investment ManagementEuropeUnited KingdomSportsCBTAbbey BrimsonMark Gedayhttps://www.morganlewis.com/pubs/2026/03/key-takeaways-for-dealmakers-navigating-cfius-and-international-trade-issuesIn many transactions, national security and international trade issues surface early in due diligence, shape negotiation of deal documents, and can determine whether a signing-to-closing timeline is at all realistic. In the United States, this often means assessing the potential for a review by the Committee on Foreign Investment in the United States (CFIUS), the interagency body that evaluates certain foreign investments for national security risks.Tue, 31 Mar 2026 00:00:00 -0500038af7f9-8490-42ff-b40c-ab6b8e4ad95eLitigation, Regulation & InvestigationsCFIUSInternational Trade & National SecurityCorporate, Finance & Investment ManagementMergers & AcquisitionsCapital Markets & Public CompaniesEmerging Companies & Venture CapitalPrivate EquityLabor, Employment & BenefitsUnited StatesLITCBTMASECEBTPEEBLBRDavid PlotinskyChristian Kozlowskihttps://www.morganlewis.com/blogs/upandatom/2026/03/nrc-continues-environmental-review-reform-with-expanded-use-of-categorical-exclusionsThe Nuclear Regulatory Commission (NRC) recently issued a final rule, effective April 29, 2026, amending its regulations governing categorical exclusions for certain actions. As defined by the National Environmental Policy Act (NEPA), a categorical exclusion is a category of actions that a federal agency has determined normally does not significantly affect the quality of the human environment. The NRC’s categorical exclusions are implemented as part of its NEPA regulations (see 10 CFR §§ 51.14; 51.22).Tue, 31 Mar 2026 00:00:00 -0500201c3759-99f3-4e07-86e2-d65336362e58Energy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyENECBTBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/pubs/2026/03/powering-data-centers-energy-strategy-and-structuring-for-a-constrained-gridRapid growth in data center development is reshaping US energy markets and regulatory priorities. Data centers currently account for approximately 4.5% of US electricity consumption, with projections indicating that demand could rise to between 9% and 17% of total electricity generation by 2030. This expansion is driving new approaches to energy procurement, increasing pressure on infrastructure, and prompting policymakers to reassess how costs and risks are allocated. Nuclear power is emerging as a potential solution to meet this demand due to its ability to provide reliable, continuous baseload electricity at scale. For developers, operators, and investors, securing reliable and scalable power has become a central commercial and legal challenge.Tue, 31 Mar 2026 00:00:00 -0500b3ff93fd-8d72-4ee8-9661-48cb0e6bd200Energy & InfrastructureTaxCorporate, Finance & Investment ManagementUnited StatesData CentersEnergyNuclear EnergyTechnologyENETAXCBTJane AccomandoArjun P. RamadevanahalliPaul A. GordonM. Jared Sandershttps://www.morganlewis.com/pubs/2026/03/washington-adopts-9-9-tax-on-residents-earning-over-1-millionWashington, long one of the few states without a personal income tax, has enacted a 9.9% tax on income above $1 million. The law is set to take effect in 2028 and is expected to face prompt constitutional challenges.Tue, 31 Mar 2026 00:00:00 -0500e1155156-a2f4-403e-932d-4b2cc172f2e0Corporate, Finance & Investment ManagementTaxState and Local TaxFamily OfficesUnited StatesCBTTAXCosimo A. ZavagliaWilliam H. GorrodAnthony D. Ciprianohttps://www.morganlewis.com/pubs/2026/03/crypto-clarity-cftc-faqs-clarify-use-of-crypto-assets-by-registrants-and-registered-entities-part-2The CFTC’s Market Participants Division (MPD) and Division of Clearing and Risk (DCR) jointly issued on March 20, 2026 responses to 11 frequently asked questions addressing how futures commission merchants, derivatives clearing organizations, and swap dealers may use crypto assets and blockchain technologies under existing CFTC regulations and recent staff guidance.Mon, 30 Mar 2026 00:00:00 -0500824812ca-b8a2-45a3-b694-3c930732666cInvestment ManagementSecurities EnforcementDerivatives & FuturesCorporate, Finance & Investment ManagementLitigation, Regulation & InvestigationsUnited StatesBankingFintech & Digital AssetsInvestment FundsIMPGSECCBTLITStacie HartmanRobert A. SchwartzJoseph Stuart HealyNikita Cottonhttps://www.morganlewis.com/pubs/2026/03/new-executive-order-targets-federal-contractor-dei-discrimination-ramps-up-fca-enforcement-directivesThe White House on March 26 issued an executive order titled Addressing DEI Discrimination by Federal Contractors that continues the US administration’s focus on combating diversity, equity, and inclusion initiatives in the federal contractor space. The executive order is likely to impact all federal contractors and subcontractors, who should continue to partner with experienced counsel to understand and reduce their risks.Mon, 30 Mar 2026 00:00:00 -05008095af47-7cb9-4bcb-acac-5b643bc1198cWhite Collar Litigation & Government InvestigationsLabor, Employment & BenefitsGovernment ContractsGovernment Contractor ComplianceFalse Claims Act & Qui Tam LitigationOrganizational Culture: Change & ComplianceUnited StatesLITEBLBRLBRREFDAWTRLisa C. DykstraSharon Perley MaslingAlexander B. HastingsE. Pierce BlueJonathan WiltMargaret M. McDowellScott Whitmanhttps://www.morganlewis.com/pubs/2026/03/competitor-collaborations-in-the-age-of-ai-ancillary-restraints-and-practical-antitrust-guardrailsPartners Minna Naranjo and Rishi Satia, and associate Cole Pfeiffer co-authored an article for CPI Antitrust Chronicle examining how antitrust law applies to collaborations among competitors in the artificial intelligence (AI) sector.Fri, 27 Mar 2026 00:00:00 -05007eb9baec-e5cc-4340-9d3b-a4b03adc6c0bLitigation, Regulation & InvestigationsAntitrust & CompetitionUnited StatesTechnologyArtificial IntelligenceLITATRMinna Lo NaranjoRishi P. SatiaNicholas Pfeiffer https://www.morganlewis.com/pubs/2026/03/ftc-practice-and-procedure-manual-third-edition-american-bar-associationPartners Joshua Goodman and Alice Hrdy, and associates Jordy Hur, Caiti Zeytoonian, Michael Fakhoury, and Leigha Beckman recently contributed to the American Bar Association Antitrust Law Section’s FTC Practice and Procedure Manual, Third Edition , the first new edition since 2014 of this practical reference guide to competition and consumer protection matters before the Federal Trade Commission (FTC).Fri, 27 Mar 2026 00:00:00 -0500578d8ffd-655e-4afc-be16-8aca42a717f6Antitrust & CompetitionLitigation, Regulation & InvestigationsUnited StatesATRLITJoshua M. GoodmanAlice S. HrdyJordy HurCaitlin ZeytoonianMichael W. Fakhoury Leigha M. Beckmanhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/03/employment-disputes-and-arbitration-in-the-adgm-what-the-modus-operations-ruling-tells-usA recent decision of the Abu Dhabi Global Market Court of First Instance provides useful guidance on how employment disputes may be treated when an employment contract contains an arbitration clause. In Mathonnet v Modus Operations LLC and Ayotte v Modus Operations LLC [2025] ADGMCFI 0005, the Court of First Instance confirmed that employment claims can in principle be referred to arbitration, even where the ADGM courts would otherwise have jurisdiction over the dispute.Fri, 27 Mar 2026 00:00:00 -0500ba29cb15-77e3-495d-b833-0a67cea2f03dLabor, Employment & BenefitsMiddle EastUnited Arab EmiratesEBLBRRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/03/managing-employees-in-the-middle-east-during-the-current-crisisThe ongoing geopolitical events in the Middle East are creating significant operational and workforce challenges for employers across the region. While the legal framework in jurisdictions such as the UAE, KSA, and other GCC countries has not fundamentally changed in response to the current crisis, the application of existing employment laws in a crisis context raises a number of important considerations.Fri, 27 Mar 2026 00:00:00 -050089dee6f3-6c64-452a-9d1f-69492e5643f0Labor, Employment & BenefitsLitigation, Regulation & InvestigationsCrisis ManagementMiddle EastEBLBRLITRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/03/saudi-arabia-cloud-compliance-part-1-data-residency-and-contractual-expectationsSaudi Arabia’s cloud and data protection framework is substantive, cross-sectoral, and still maturing, creating a dynamic environment for technology companies entering the region. The threshold challenge is not merely identifying the applicable rules but truly understanding how multiple overlapping frameworks interact and where regulatory gaps require considered judgment in the absence of published guidance.Fri, 27 Mar 2026 00:00:00 -050001de3e87-f0bf-4ccc-90d3-ad875cafd5e5Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementMiddle EastSaudi ArabiaTechnologyOUTCBTDoneld G. ShelkeyAlena Neskoromyukhttps://www.morganlewis.com/pubs/2026/03/fdas-promising-new-framework-for-rare-genetic-diseasesPartner Maarika Kimbrell co-authored an article in JAMA Health Forum , alongside former US Food and Drug Administration (FDA) Commissioner Scott Gottlieb, examining the FDA’s draft framework for individualized gene and RNA therapies for rare genetic diseases and its implications for regulatory strategy and compliance.Thu, 26 Mar 2026 00:00:00 -0500d118fa00-b3a4-4f97-bedf-0d2bc4faa659Litigation, Regulation & InvestigationsFDA & HealthcareAdministrative Law & Federal AgenciesGovernment SolutionsHealthcareLITFDAMaarika L. Kimbrellhttps://www.morganlewis.com/pubs/2026/03/federal-lawsuit-challenges-californias-truth-in-recycling-law-as-compliance-deadline-nearsA group of plaintiffs representing various trade associations and industry groups filed a lawsuit on March 17, 2026 challenging the constitutionality of California’s “Truth in Recycling” law, which is set to take effect on October 4, 2026.Thu, 26 Mar 2026 00:00:00 -0500e35003f5-b76e-4c72-89a3-224683d3d666Litigation, Regulation & InvestigationsEnvironmental Counseling & LitigationState Attorneys GeneralLITDuke K. McCall, IIIDrew Cleary JordanFelipe Rigaudeau-Lopez