On September 29, California Governor Gavin Newsom (D) signed into law SB 53, the Transparency in Frontier Artificial Intelligence Act (“TFAIA”), establishing public safety regulations for developers of “frontier models,” or large foundation AI models trained using massive amounts of computing power. TFAIA is the first frontier model safety legislation in the country to
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FDA Requests Public Comment on Real-World Evaluation of AI-Enabled Medical Devices
On September 30, 2025, the U.S. Food and Drug Administration (FDA) issued a Request for Public Comment seeking input on “practical approaches to measuring and evaluating the performance of AI-enabled medical devices in the real-world,” including strategies for detecting, assessing, and mitigating performance changes over time (the “Request”).
The Request acknowledges the opportunities for AI,…
Navigating California’s New and Emerging AI Employment Regulations
The California Civil Rights Council and the California Privacy Protection Agency have recently passed regulations that impose requirements on employers who use “automated-decision systems” or “automated decisionmaking technology,” respectively, in employment decisions or certain HR processes. On the legislative side, the California Legislature passed SB 7, which would impose additional obligations on employers who…
Commission Collects Feedback to Simplify Rules on Data, Cybersecurity and Artificial Intelligence in Upcoming Digital Omnibus
On September 16, 2025, the European Commission launched a call for evidence to collect feedback and best practices on simplifying several key areas of the EU digital rulebook, ahead of its planned Digital Omnibus package. This initiative targets legislation related to data, cybersecurity, and artificial intelligence, aiming to reduce administrative burdens and compliance costs for…
Brazilian Government Opens Consultation on Artificial Intelligence-Related Patent Applications
Brazil’s National Institute of Intellectual Property (“INPI”) initiated a public consultation on new guidance for the review of patent applications related to artificial intelligence (“AI”). The draft guidance document consolidates three previous INPI regulations and best practices adopted by other patent offices.
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En Banc Decision in Percipient.ai, Inc. v. United States: Federal Circuit Holds That Only Actual or Prospective Bidders or Offerors Have Bid Protest Standing Under Tucker Act
This blog previously covered the Federal Circuit’s decision in Percipient.ai, Inc. v. United States, which addressed bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”), and seemed to potentially open the door to a new category of protests. Now, in an en banc ruling, the Federal Circuit vacated that decision and reached…
Senator Cruz Unveils AI Framework and Regulatory Sandbox Bill
On September 10, Senate Commerce, Science, and Transportation Committee Chair Ted Cruz (R-TX) released what he called a “light-touch” regulatory framework for federal AI legislation, outlining five pillars for advancing American AI leadership. In parallel, Senator Cruz introduced the Strengthening AI Normalization and Diffusion by Oversight and eXperimentation (“SANDBOX”) Act (S. 2750), which…
California Lawmakers Advance Suite of AI Bills
As the California Legislature’s 2025 session draws to a close, lawmakers have advanced over a dozen AI bills to the final stages of the legislative process, setting the stage for a potential showdown with Governor Gavin Newsom (D). The AI bills, some of which have already passed both chambers, reflect recent trends in state AI…
July 2025 Cybersecurity Developments Under the Trump Administration
This is the sixth blog in a series of Covington blogs on cybersecurity policies, executive orders (“EOs”), and other actions of the Trump Administration. The fifth blog is available here and our initial blog is available here. This blog describes key cybersecurity developments that took place in July 2025.
Trump Administration Issues AI Action…
European Parliament Study Recommends Strict Liability Regime for High-Risk AI Systems
On July 24, 2025, the European Parliament (EP) published a study entitled Artificial Intelligence and Civil Liability – A European Perspective. The study considers some of the EU’s existing and proposed liability frameworks, notably the revised Product Liability Directive (PLDr) and the AI Liability Directive (AILD), which was proposed by the European Commission…