Insights on AI & Emerging Technologies

Welcome to the February 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff has released its latest annual report analyzing forced labor law developments and enforcement activity.

While enforcement may have taken a backseat to other trade priorities in 2025, this year may be poised to bring a swift and aggressive return to form, particularly if the tariff landscape begins to stabilize.

The healthcare group purchasing industry continues to provide critical market savings to hospitals, nursing homes, and medical practices throughout the United States – even as a panoply of issues place undue strain on healthcare supply chains – according to the 20th Annual Report of the Healthcare Group Purchasing Industry Initiative (HGPII).

Join ArentFox Schiff Privacy & Data Security Practice Group Leader Reed Freeman and Bird & Bird Privacy, Data & AI Law Partner Vincent Rezzouk-Hammachi as they discuss how AI is reshaping business operations, and unprecedented privacy challenges.

The US Food and Drug Administration (FDA) and the European Medicines Agency (EMA) just issued a joint statement outlining 10 “Guiding Principles” for using artificial intelligence (AI) in drug development.

With 2026 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year.

As 2026 begins, nonprofit and association leaders face a legal landscape defined by heightened scrutiny, uneven funding conditions, rapid technological change, and continued uncertainty in policy direction.

The enforcement landscape entering 2026 points to sustained False Claims Act activity across traditional health care fraud, AI-enabled misconduct, civil rights–based claims, customs and tariff fraud, and expanding theories of investor liability.

The use of artificial intelligence (AI) to generate digital representations of real or fictional people — “AI avatars” — offers new ways to build brands, drive engagement, and grow revenue by accelerating content creation and lowering production costs. It also raises the following important legal considerations.

Adopting an “AI policy” is critical for managing an organization’s use of artificial intelligence (AI) tools. A targeted AI policy can provide clear guardrails that can then be incorporated into organization-wide training but be prepared to pivot quickly as these technologies evolve.

On December 11, the White House issued a sweeping Executive Order (EO) that sets a national policy favoring a minimally burdensome federal framework for artificial intelligence (AI).

Welcome to the December 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

In a Law360 feature published ahead of the US Supreme Court’s oral argument in Cox Communications, Inc. v. Sony Music Entertainment, AI & Emerging Technologies Industry Group Co-Leader Danielle W. Bulger was quoted, discussing how the justices’ approach could reset how courts evaluate secondary copyright liability for internet service providers and other platforms. With a $1 billion verdict on the line, the anticipated decision is expected to influence how companies design and deploy products that enable large-scale online sharing.

On December 1, the US Supreme Court will hear oral arguments in a case that could reshape secondary copyright liability for internet service providers (ISPs) and other network operators.

AI, Metaverse & Blockchain Co-Leader Danielle Bulger will be a featured speaker at the 2025 BESLA Conference, joining industry leaders for a dynamic discussion entitled, Code, Content, and Consequences: The New Challenges AI Presents in Entertainment & Advertising. This timely panel will delve into the transformative impact of artificial intelligence on the creative and advertising sectors, examining both the opportunities and risks that AI brings to the forefront.

California Governor Gavin Newsom signed Senate Bill 53, “The Transparency in Frontier Intelligence Act” (TFAIA), establishing new AI safety and transparency obligations for certain AI developers.

Partner Marylee Jenkins will speak at the 2025 WTR Live: Brand Strategy Summit USA in New York on October 22, 2025.

Partner D. Reed Freeman was quoted on how the massive amount of data artificial intelligence (AI) models need is potentially undermining one of privacy advocates’ key goals: data minimization.

A significant Patent Trial and Appeal Board (PTAB) decision authored by the US Patent and Trademark Office (USPTO) leadership, including the new USPTO Director John A. Squires, signals the importance of artificial intelligence (AI) innovations to the US economy and paves the way for patenting of AI and machine learning (ML) technologies.

Anthropic PBC entered into a proposed class-wide settlement that would resolve Bartz et al. v. Anthropic PBC, No. 3:24-cv-05417 (N.D. Cal.), a high-profile copyright infringement action challenging the company’s use of millions of books to train its Claude large language models.

Chairman Anthony Lupo and Fashion Group Co-Leader Michelle Mancino Marsh discussed the complexities and intellectual property (IP) concerns arising from the expansion of artificial intelligence (AI) in the fashion and retail industry. “AI will be a sea change not just for the fashion industry but for society as a whole,” Tony said.

The US Patent and Trademark Office (USPTO) has issued new guidance to clarify and improve the evaluation of patent eligibility for artificial intelligence (AI) and machine learning (ML) inventions in order to foster innovation and patenting of these cutting-edge technologies.

On July 31, 2025, ArentFox Schiff hosted the HGPII Annual Best Practices Forum, one of the group purchasing sector’s premier training and leadership development conferences.

The Trump Administration has proposed implementing a broad range of regulatory changes in order to promote the development of artificial intelligence (AI) in the United States.