On June 4, 2026, Reps. Jay Obernolte and Lori Trahan released a discussion draft of the Great American Artificial Intelligence Act. The proposal has generated significant attention, but many organizations may be overestimating its practical significance for day-to-day operations. The bill is directed primarily at developers of “frontier” AI models, so its requirements will not
David Hirsch
Dave is a highly respected member of the securities enforcement and regulatory counseling practice group at McGuireWoods, where he plays a key role shaping the strategic direction of the firm’s securities enforcement initiatives. Dave is recognized for his deep experience and keen insights, particularly navigating the intricacies of securities law as it applies to new technologies.
White House Releases AI Legislative Recommendations—Congress Has the Blueprint, but Questions Remain
On March 20, 2026, the White House unveiled its National Policy Framework for Artificial Intelligence, providing a blueprint on legislative recommendations and urging Congress to act. It recommends that Congress create a unified federal standard to reduce the regulatory friction of competing state AI regimes, promote AI innovation, and develop an AI-ready workforce, while ensuring the protection of children, consumers, and intellectual property rights.
Continue Reading White House Releases AI Legislative Recommendations—Congress Has the Blueprint, but Questions RemainWhen AI Isn’t Privileged, Confirmed: SDNY’s Written Opinion Elaborates on Confidentiality, Work Product, and Waiver
On Feb. 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. See When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected…
When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected
On Feb. 10, 2026, the U.S. District Court for the Southern District of New York held that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. The decision has important implications as clients and nonlawyers increasingly use generative AI tools to assess legal…
Data Privacy Day 2026: What Changed on Jan. 1 — And What to Watch Next
Data Privacy Day offers a natural checkpoint to take stock of a fast‑moving legal landscape. As of January 1, 2026, several significant U.S. state privacy laws and regulatory updates are now live, with additional U.S. and global milestones queued up throughout 2026. Below we summarize important changes already in effect and highlight issues to monitor as the year unfolds.
Continue Reading Data Privacy Day 2026: What Changed on Jan. 1 — And What to Watch NextSEC Voluntarily Dismisses Landmark Enforcement Action Against SolarWinds and its CISO
On November 20, 2025, the Securities and Exchange Commission and defendants SolarWinds Corp. and Timothy G. Brown filed a joint stipulation to dismiss with prejudice the SEC’s civil enforcement action pending in the Southern District of New York. The SEC would dismiss all claims concerning the conduct alleged in the SEC’s Amended Complaint and includes broad waivers and releases by the defendants of any related claims against the SEC and its personnel. This follows a July 2, 2025 letter to the court that stated that the parties had reached a settlement in principle, and sought time “to finalize the paperwork for the settlement, and for the Commissioners to then consider and determine whether to approve the settlement.” The stipulated dismissal does not address what may have changed, and why the matter ultimately resolved through a dismissal rather than a settlement.
Continue Reading SEC Voluntarily Dismisses Landmark Enforcement Action Against SolarWinds and its CISONYDFS Issues Guidance on Third-Party Cybersecurity Risk Management: What Regulated Entities Need to Know
Overview
On October 21, 2025, the New York State Department of Financial Services (NYDFS) released comprehensive guidance for registrants regarding management of cybersecurity risks associated with third-party service providers (TPSPs) including cloud computing, file transfer system, AI and fintech solutions.[1] As reliance on external vendors for critical technology services grows, so too do the cyber threats to operations and sensitive customer data. The guidance clarifies regulatory expectations, highlights best practices, and underscores the importance of robust third-party risk management throughout the entire vendor relationship lifecycle. In summary, companies can outsource functions but will still retain responsibility for cybersecurity oversight.
Continue Reading NYDFS Issues Guidance on Third-Party Cybersecurity Risk Management: What Regulated Entities Need to KnowWhat’s New in Digital Asset Policy?
On May 20, 2025, the Senate cleared procedural obstacles to consider the GENIUS Act on the Senate floor. Originally introduced on Feb. 4, by Senator Bill Hagerty, R-TN, along with Senate Banking Committee Chairman Tim Scott, R-SC, Kirsten Gillibrand, D-NY, and Cynthia Lummis, R-WY, the Guiding and Establishing National Innovation for U.S. Stablecoins of 2025…
With Compliance Date for Reg S-P Amendments Looming, Is Your Firm Ready Yet?
In a recent speech, Acting Director of the SEC’s Division of Examinations (Exams) Keith Cassidy reminded SEC registrants of the new requirements imposed by the amendments to Regulation S-P. He noted that the dates for compliance are approaching and provided information about how Exams intends to proceed. The bottom line on compliance preparedness is that…
The SEC’s Cybersecurity Incident, Governance, and Management Reporting Requirements: What you Need to Know to Avoid Cyber and D&O Coverage Gaps
As public companies’ reliance on remote work, cloud computing and digital payments increases, so too does the cybersecurity risk. Recognizing this, the SEC finalized rules and regulations in September 2023 requiring new cybersecurity-related disclosures from public companies. In prior efforts to improve consistency and accuracy of public company cybersecurity risk disclosures, the SEC issued interpretive…