On February 10, 2026, the provisional text[1] of the new EU FDI screening regulation was finally published (the “New Regulation”). This reflects the political agreement reached on December 11, 2025, between the European Parliament and the Council of the European Union (“Political Agreement”).[2]
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2026 Digital Assets Regulatory Update: A Landmark 2025 . . . But More Developments on the Horizon
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
The U.S. regulatory and enforcement landscape for digital assets and distributed ledger technology changed dramatically in 2025. Virtually overnight, U.S. regulators shifted from an enforcement-heavy crypto-skepticism that effectively outlawed the participation of…
Navigating Governance in Turbulent Times
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Big changes to disclosure and other governance rulemaking from the SEC, and potentially Congress and the Trump administration, are coming in 2026. These changes will affect how companies disclose information; how they…
The Shifting SEC Enforcement Landscape: 2025 Year-in-Review
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Fiscal year 2025 was a year of extremes in terms of the number of enforcement actions brought by the Securities and Exchange Commission (SEC). During the first quarter of fiscal year 2025…
German Ministry of Economics Considers the “German Gatekeeper Rule” To Be a “Valuable Supplement” to the DMA
According to the German Ministry of Economics, the “German Gatekeeper Rule”[1] has proven to be an effective means of ensuring fair competition on digital markets. In its Evaluation, published earlier this month,[2] the Ministry praised the Rule for improving market conditions in the technology sector and promoting innovation and competition since it came…
Navigating the Evolving Global Antitrust Landscape
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Antitrust in 2025 was marked by policy developments and antitrust enforcement that, while remaining aggressive, became less overtly anti-business. The U.S. continued a number of cases from the Biden administration, but became…
Thoughts on Managing the AI Transformation
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Over the last nine years, during which I served as Cleary Gottlieb’s Managing Partner, there have been significant, often unexpected, changes in global politics, global markets and the legal industry.…
M&A: 2025 in Review and a Look Ahead to 2026
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
At the end of 2024, predictions across the dealmaking industry were broadly optimistic: due to an anticipated combination of loosening financial conditions, a pro-deal regulatory environment from a change in administration and…
Whistleblowing in Focus: Recent Developments, Emerging Issues, and Considerations for Companies (Part Three: Looking Ahead)
Introduction[1]
In this three-part series, we first 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 regarding whistleblower reports.…
The Open Questions in U.S. Generative AI Copyright Litigation
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Overview of AI Copyright Litigation
In 2026, we can expect important developments in the legal landscape of generative AI and copyright. Dozens of copyright infringement lawsuits targeting the training and development of…