In an August 2026 Unified Agenda entry, the Department of Justice (“DOJ”) stated that it intends to complete its long-running effort to revise the regulations implementing the Foreign Agents Registration Act (“FARA”). The National Security Division (“NSD”) stated that it is considering a final rule that would adopt “many, but not all, of” the
French Constitutional Council Strikes Down Under-15 Social Media Ban
On August 14, 2026, the French Constitutional Council (the “Constitutional Council”) struck down Article 1 of France’s Act to protect minors from the risks posed by the use of social media (the “Act”), which would have barred minors under the age of fifteen from accessing online social media services. The Constitutional Council held that the
French CNIL Publishes Note on Agentic AI and Data Protection
On July 20, 2026, the French data protection authority (the Commission Nationale de l’Informatique et des Libertés, “CNIL”) published a joint exploratory note with the French AI and Digital Council (“CIANum”) on the data protection implications of agentic AI (the “Note”). The Note is exploratory rather than prescriptive: it does not purport to state definitive
OLC Opinion Would Extend Executive Privilege to Include Private Advisers, Inviting Future Disputes with Congress and New Considerations for Private Parties
The Department of Justice’s Office of Legal Counsel (“OLC”) has issued a new legal opinion that may offer the administration new tools to withhold from disclosure the President’s communications with certain private parties. In an opinion published this week, OLC concluded that the presidential communications privilege shields from disclosure certain communications between the President and
In or out? Navigating Legal Privilege in EU Competition Investigations post-Broadcom
I. Introduction
On 3 August 2026, the President of the EU General Court issued an order addressing the scope of legal privilege under EU law. The order dismissed Broadcom’s application to suspend a decision by the European Commission requiring the production of documents in its investigation into Broadcom’s allegedly abusive software licensing practices.
The purpose of
Illinois Expands Genetic Privacy Law to Biomarkers
The Illinois Governor recently signed SB 2886, which expands the scope of the state’s Genetic Information Privacy Act (“GIPA”) to include “biomarker testing” and “biomarker.” GIPA currently regulates the collection, use, and disclosure of genetic testing information.
The bill defines “biomarker” as “a characteristic that is objectively measured and evaluated as an indicator of
First Prohibition Under Belgium’s FDI Regime: A Milestone, Not a Revolution
Introduction
On August 5, 2026, NHV Group announced that its proposed acquisition by GD Helicopter Finance (“GDHF”), ultimately controlled by China-based GDAT Group, would not proceed after Belgian authorities blocked the transaction under Belgium’s foreign direct investment screening regime, following a review coordinated by the Interfederal Screening Committee (“ISC”). This marks the first public prohibition
Fauci Contempt Vote Underscores Renewed Stakes of Congressional Testimony
On August 6, 2026, the Senate Homeland Security and Governmental Affairs Committee voted along party lines to hold Dr. Anthony Fauci in contempt of Congress. The vote followed Dr. Fauci’s refusal to answer questions during a July 29, 2026, hearing regarding the federal government’s COVID-19 response. The Committee referred the matter to the Department of
DSCA Expands FMF Eligibility for Direct Commercial Contracts
Earlier this year, the Defense Security Cooperation Agency (“DSCA”) issued updated policy guidance implementing a significant expansion of the universe of countries authorized to use Foreign Military Financing (“FMF”) for direct purchases of U.S. defense items. Previously, only ten countries were eligible for use of FMF for direct commercial contracting, and under the new guidance,
New UK Guidance Clarifies Medical Device Status of AI Scribes
On 29 July 2026, the UK’s Medicines and Healthcare products Regulatory Agency (“MHRA”) (the regulatory authority with responsibility for enforcing UK medical device rules) published new guidance on ambient voice technology-enabled products (“AVTs,” also known as ambient scribing tools) (“AVT Guidance”). The AVT Guidance is intended to clarify (and essentially overrule) a decision by NHS