More than one billion dollars were spent in 2024 elections supporting or opposing state and local ballot measures. With high-profile and contentious issues expected to be on the ballot, such as congressional redistricting, AI regulation, minimum wage increases, and more, that number promises to be even larger in 2026. As state legislatures become more polarized
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Covington’s Guide to Ballot Measures
More than one billion dollars were spent in 2024 elections supporting or opposing state and local ballot measures. With high-profile and contentious issues expected to be on the ballot, such as congressional redistricting, AI regulation, minimum wage increases, and more, that number promises to be even larger in 2026. As state legislatures become more polarized…
HHS Proposes Changes to the Health IT Certification Program and Information Blocking Regulations in HTI-5 Proposed Rule
On December 29, 2025, the U.S. Department of Health and Human Services (“HHS”), through the Assistant Secretary for Technology Policy (“ASTP”)/Office of the National Coordinator for Health Information Technology (“ONC”) (collectively, “ASTP/ONC”), issued a proposed rule to update its Health Data, Technology, and Interoperability (“HTI”) regulations, as well as a notice to withdraw prior proposals…
5 Developments Digital Health Innovators Should Watch in 2026
With 2026 underway, signs point to another year focused on enhancing health IT and digital health innovation. From new payment models to deregulatory efforts, these developments show that digital health continues to be increasingly central to the healthcare and life sciences sectors. Below are five key developments to watch unfold in the year ahead.
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UNESCO Adopts First Global Framework on Neurotechnology Ethics
By Paul Maynard
On November 12, 2025, UNESCO’S General Conference adopted its Recommendation on the Ethics of Neurotechnology (“the Recommendation”)–the first attempt at establishing a global legal framework for the ethical development and use of neurotechnology. The Recommendation aims to set out a comprehensive rights-based framework for the entire life cycle of neurotechnology, from the design of neurotechnology…
FTC Sets Aside Rytr Final Order Pursuant to White House AI Action Plan
On December 22, the Federal Trade Commission (“FTC”) issued an order setting aside its 2024 final consent order against Rytr, LLC (“Rytr”) on the grounds that the facts alleged in the Rytr complaint did not violate Section 5. The Commission further found that the Rytr order did not provide any benefit to consumers and thus unduly…
German Government Proposes GDPR Reform to Shift Responsibility to Manufacturers
On December 4, 2025, the German Federal Government published its Federal Modernization Agenda, setting out a series of suggested amendments to the GDPR and the Federal Data Protection Act (Bundesdatenschutzgesetz). Among the key measures, Germany seeks to shift certain responsibilities from users to manufacturers and providers of standard IT products—following the model of the…
NIST Publishes Preliminary Draft of Cybersecurity Framework Profile for Artificial Intelligence for Public Comment
On December 16, 2025, the U.S. National Institute of Standards and Technology (“NIST”) published a preliminary draft of the Cybersecurity Framework Profile for Artificial Intelligence (“Cyber AI Profile” or “Profile”). According to the draft, the Cyber AI Profile is intended to “provide guidelines for managing cybersecurity risk related to AI systems [and] identify[] opportunities for…
New York Governor Signs Frontier AI Safety Legislation
On December 19, New York Governor Kathy Hochul (D) signed the Responsible AI Safety & Education (“RAISE”) Act into law, making New York the second state in the nation to codify public safety disclosure and reporting requirements for developers of frontier AI models. Prior to signing, Governor Hochul secured several commitments from the legislature to…
FINRA Highlights Trends and Risks in Member Firms’ Use of GenAI
By Julie Plyler
With innovation comes regulatory scrutiny. On December 9, 2025, the Financial Industry Regulatory Authority, Inc. (“FINRA”) released its 2026 Annual Regulatory Oversight Report (the “2026 Report”), which includes a new section dedicated to generative artificial intelligence (“GenAI”). The 2026 Report is the latest iteration of FINRA’s yearly summary of insights from its regulatory oversight activities,…