March 2026

On March 26, 2026, President Trump issued an Executive Order (EO) titled “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of Executive Orders and related actions by the Administration targeting what it views as unlawful Diversity, Equity, and Inclusion (“DEI”) related practices.  Most notable about this EO is that, unlike…

On Tuesday, March 31, FDA published a Request for Information seeking input on the use of digital health technologies (“DHTs”) in clinical investigations for drugs and biological products (the “RFI”).  Building on commitments under PDUFA VII and prior Agency publications – including a March 2023 Discussion Paper and December 2023 Guidance – FDA’s Centers for…

On March 17, Colorado Governor Jared Polis released a draft bill that would substantially overhaul the Colorado AI Act, replacing its core requirements with a narrower regime focused on disclosure, recordkeeping, and consumer notice requirements for “automated decision-making technology” (“ADMT”).  The proposal, which is still in draft form and not yet introduced in the…

On March 25, 2026, the UK’s Office of Communications (“Ofcom”) and the Information Commissioner’s Office (“ICO”) published a joint statement setting out their common expectations for age assurance on online services (“Joint Statement”). The Joint Statement is aimed at services likely to be accessed by children that fall within the scope of the Online Safety…

On March 23, 2026, the California Air Resources Board (“CARB”) held a public, “pre-rulemaking” workshop to introduce regulatory approaches for reporting greenhouse gas (“GHG”) emissions under the Climate Corporate Data Accountability Act (“SB 253”).  SB 253 requires U.S.-based entities with more than $1 billion in annual revenue doing business in California to report emissions annually. …

Many California-based privacy claims have turned on the application of longstanding statutes to modern technologies, with courts frequently holding that certain online tracking technologies can qualify as impermissible trap-and-trace devices in violation of California Penal Code section 638.51, part of the California Invasion of Privacy Act (CIPA).  A recent decision from the Central District of…

U.S. state lawmakers have introduced more than 40 bills across at least 24 states to regulate personalized algorithmic pricing in 2026 thus far, already outpacing the number of personalized algorithmic pricing bills introduced in all of 2025.  While their definitions and scope vary, the 2026 bills broadly refer to “personalized algorithmic” or “dynamic” pricing as…

As artificial intelligence (AI) technologies continue to advance and states increasingly pass legislation to regulate AI development and use, Congress and the White House are proposing comprehensive nationwide laws.

New proposals from the White House Office of Science and Technology Policy (OSTP) and Senator Marsha Blackburn (R-TN) offer comprehensive approaches to centralizing AI regulation within…

On March 23, 2026, the FCC added foreign-produced routers to its Covered List, following an executive branch interagency body determination that they pose unacceptable risks to the national security of the United States. According to the FCC, these risks include a “supply chain vulnerability that could disrupt the U.S. economy, critical infrastructure, and national defense,”…