I think everyone agrees that members of Congress should not engage in trading based on information they encounter. That is, everyone except members of Congress. There have been several attempts to limit congressional trading. None have made it to the floor for a vote. The current efforts are the Ban Congressional Stock Trading Act sponsored
Outlook 2026: Financial Services Litigation
- Increasing Focus on AI — AI developments and uses and the evolving legal and regulatory landscape may bring about new litigation and enforcement risks stemming from claims of algorithmic bias, discrimination, errors made by autonomous AI agents, fraud perpetrated using AI, misuse relating to privacy and governance, monitoring and reporting, and other areas. Evolving theories and
Selected Issues for Boards of Directors in 2026
2026 promises to be a year that will demand both agility and strategic foresight from boards of directors and management as they navigate unprecedented challenges.
Trade Controls, Foreign Investment and National Security: New Regimes and Continuing Changes for 2026
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
In 2026, boards of directors will continue to navigate a shifting U.S. regulatory environment shaped by an assertive and transactional approach to trade and national security. Uncertainty surrounding the most significant U.S.
Guest Post: Would Specific SEC Disclosure Guidelines Deter AI-Washing?
In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines the question whether the SEC should adopt AI-specific disclosure guidelines with reference to two recent enforcement actions involving tech companies allegedly fraudulent claims about their technology. I would like to thank Sarah for allowing me
AI in Vendor Workflows: Protecting IP Through Contract Design
Vendors are going to use AI. In software work, it now sits inside everyday delivery: summarizing requirements, turning meeting notes into action items, accelerating early code scaffolding, generating test cases, even helping troubleshoot bugs. A services agreement works best when it assumes that reality and then asks a more practical question: where does the client’s
Whistleblowing in Focus: Recent Developments, Emerging Issues, and Considerations for Companies (Part Two)
Introduction[1]
In this three-part series, we discuss the outlook for whistleblower programs in the United States under the new administration. Second, we review initiatives relating to whistleblower reports in other jurisdictions over the past year. Third, we address emerging issues and considerations for companies in relation to whistleblower reports.
President Trump Announces Section 232 Tariffs on Semiconductors and their Derivative Products
On January 14, 2025, President Trump signed a proclamation entitled “Adjusting Imports of Semiconductors, Semiconductor Manufacturing Equipment, and Their Derivative Products into the United States.” The proclamation imposes a 25% tariff under Section 232 on certain advanced computing chips that meet the technical specifications detailed in Annex I of the proclamation. The measure
AI Can Help You Draft a Contract But Beware
Artificial intelligence (AI) is here to stay.
Clients are now using it all the time. For many it is the first step before contacting a lawyer, if they contact a lawyer at all now. And yes, people are absolutely using ChatGPT and other AI tools to draft contracts.
Recently, a client sent me an agreement
Digital Governance After the AI Act
The European Union’s Artificial Intelligence Act is now law. Some provisions are already in effect, but others are still being finalized, so boards are being asked to take digital governance seriously while the legal floor under their feet is still moving.
The question for directors is no longer whether artificial intelligence and data systems matter.