On January 28, 2026, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) published a new resource on Assembling a Multi-Disciplinary Insider Threat Management Team. The guidance is intended to assist critical infrastructure stakeholders, which includes private sector entities across various sectors, with implementing an insider threat mitigation program that combines physical security, cybersecurity, personnel
February 2026
FCC Opens Inquiry into Sports Broadcasting Practices and Marketplace Developments
The Federal Communications Commission’s (“FCC” or “Commission”) Media Bureau has launched a new Public Notice (the “Notice”) seeking public comment on sports broadcasting practices and recent marketplace developments, as the distribution of live sports programming continues to evolve across broadcast, cable, and streaming platforms.
For decades, live sports have been closely intertwined with broadcast television,…
EU CBAM – Commission Proposes Expansion to Complex Metal Products
In December 2025, the European Commission presented a proposal for a Regulation (“Proposal”) to extend the scope of downstream goods subject to the EU’s Carbon Border Adjustment Mechanism (“CBAM”), and provide flexibility to the Commission to exempt specific products in order address adverse market impacts and to adopt anti-circumvention measures. The Proposal would notably extend…
EU CSDDD/CSRD Omnibus Published in Official Journal: Transposition, Delegated Acts, and Guidelines Are Next
On February 26, 2026, the European Union published Directive (EU) 2026/470 on the simplification of the Corporate Sustainability Due Diligence Directive (“CSDDD”) and the Corporate Sustainability Reporting Directive (“CSRD”) in its Official Journal, clearing the final step in the Omnibus I legislative process.
This blog post: (i) summarizes the substance of the final agreement on…
Senator Grassley Introduces Legislation Requiring Disclosure of Foreign Third‑Party Litigation Funding
Earlier this month, Senator Chuck Grassley (R-Iowa) introduced the Litigation Funding Transparency Act of 2026, which would impose significant new disclosure obligations on third‑party litigation funding in major federal civil actions. The bill applies to class actions, multidistrict litigation, and large coordinated federal proceedings involving one hundred or more cases. It reflects rising congressional concern…
FAR Council Issues Notice of Proposed Rulemaking to Implement Prohibition on Acquisition of Certain Semiconductors
On February 17, 2026, the Federal Acquisition Regulatory Council released a Notice of Proposed Rulemaking, proposing amendments to the FAR to implement Section 5949 of the FY23 National Defense Authorization Act (“NDAA”). Section 5949 prohibits executive agencies from obtaining semiconductor parts, products, or services traceable to certain named Chinese companies – currently, Semiconductor Manufacturing International…
A Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due Diligence
Congressional investigations are now a common reality across corporate America, and companies large and small are therefore more focused than ever on the potential effects of congressional inquiries into business activities, goals, and strategies. In this new reality, the most sophisticated companies, private equity firms, and other corporate players are adding congressional investigations and other…
A Closer Look: The Discoverability of Artificial Intelligence Prompts
Are AI prompts, and their generative outputs, discoverable in litigation? A handful of recent district court cases suggest the answer depends on whether the AI prompts and outputs constitute attorney work product.
In Tremblay v. OpenAI, Inc., 2024 WL 3748003 (N.D. Cal. Aug. 8, 2024), the court held that AI prompts written by lawyers can…
GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security
On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security. The proposed revision also addresses applicability…
UK Court of Appeal Rules on the Concept of Personal Data in the Context of Data Security
On February 19, 2026, the UK Court of Appeal handed down its decision in DSG Retail Limited v The Information Commissioner [2026] EWCA Civ 140. The Court ruled that a controller’s data security duty applies to all personal data for which it acts as controller – irrespective of whether the information would constitute personal…