Jan. 14, 2026

Staying Compliant After Trump AI Executive Order Introduces Regulatory Uncertainty

In the absence of congressional action to implement a national AI bill, President Donald Trump’s recent executive order (EO) announcing U.S. AI policy was an eagerly anticipated development for companies seeking guidance from the federal government. The EO requires federal agencies to take multiple actions to promote U.S. AI dominance and encourages the creation of a DOJ litigation task force to challenge state laws regulating AI. This article analyzes the EO’s key provisions, which state AI laws the administration may target and what companies can do to address the complex and uncertain regulatory landscape. See “Navigating Ever-Increasing State AI Laws and Regulations” (Jan. 15, 2025).

Considerations for Improving Defenses to AI-Enabled Ransomware Attacks

Criminals are using AI to conduct cyberattacks and organizations are using it to defend against those attacks. Yet the parties are far from evenly matched. By all evidence, AI has exacerbated ransomware threats to companies, reported speakers at the recent 2025 Incident Response Forum Ransomware. This article synthesizes the insights and recommendations of panelists from Cooley, Freshfields, King & Spalding and John Reed Stark Consulting on how AI has exacerbated ransomware threats, what organizations can do to counter those threats and the importance of public-private cybersecurity partnerships. See “Defending Against Faster, Stealthier and More Sophisticated Cyber Adversaries” (Sep. 10, 2025).

FirstEnergy: Reaffirming Upjohn’s Approach to Privilege in Internal Investigations

In a key decision, the U.S. Court of Appeals for the Sixth Circuit, in In re: FirstEnergy Corporation, recently clarified the applicability of the attorney-client privilege and work product doctrine in corporate investigations, letting many practitioners breathe a sigh of relief. In 1981, Upjohn Co. v. United States was the seminal decision on how privilege works in investigations, but since then, several lower court decisions have muddied the waters. This first article in a two-part series analyzes the FirstEnergy decision and offers insights on its implications for future corporate investigations. The second article will lay out current best practices for preserving privilege in internal investigations in light of the decision. See “Loose Lips Sink Ships: Maintaining Confidentiality in Investigations” (Jan. 8, 2025).

Marks & Clerk Welcomes New Partner to Establish AI & Cybersecurity Practice in London

Global intellectual property firm Marks & Clerk has announced that Fiona Phillips has joined as a partner and head of the firm’s newly established AI & cyber security legal advisory practice in London. She is the former head of legal – digital information and data at UBS.