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Continuing his Administration’s efforts to eliminate diversity, equity, and inclusion (DEI) activities, President Donald Trump signed an executive order, “Addressing DEI Discrimination by Federal Contractors,” on March 26, 2026 that directs all executive departments and agencies to include a new clause in all federal contracts and subcontracts prohibiting what the order defines as “racially discriminatory…

On March 30, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) submitted a Notice of Proposed Rulemaking (“NPRM”) for publication in the Federal Register that would, for the first time, establish a comprehensive framework for paying monetary awards to individuals who report violations of the Bank Secrecy Act (“BSA”), U.S. sanctions…

The General Services Administration has proposed requiring all federal funding recipients to certify that they do not maintain diversity, equity, inclusion and accessibility programs. Recipients also would also need to certify they are not knowingly hiring or recruiting undocumented staff.

The GSA estimates the proposal would impact approximately 222,760 entities — including colleges and universities.…

On March 6, 2026, the SEC and FinCEN announced parallel enforcement actions against a New York-based registered broker-dealer for systemic anti-money laundering (“AML”) failures, imposing combined penalties of $80 million – the largest ever imposed against a broker-dealer for BSA violations. FinCEN’s $80 million headline penalty includes credits of $20 million each to the SEC…

At the Federal Bar Association’s 2026 Qui Tam Conference on February 19, 2026, Brenna Jenny, Deputy Assistant Attorney General (DAAG) in the U.S. Department of Justice’s (DOJ) Commercial Litigation Branch, delivered a keynote speech on enforcement priorities under the False Claims Act (FCA) with respect to diversity, equity, and inclusion (DEI) programs.  Jenny’s reported remarks…

On February 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.…

On February 12, 2026, Treasury’s Office of Foreign Assets Control (OFAC) announced the settlement of an enforcement action against IMG Academy (“IMG”) that highlighted the sanctions risks that U.S. academic institutions face and the steps OFAC recommends the institutions to take the address the risks.  The enforcement action stemmed from IMG accepting tuition payments from…

Executive Summary

  • Independent, unsupervised use of generative AI to analyze legal exposure may not be privileged. A federal court held that a defendant’s AI prompts and outputs relating to a criminal investigation of his conduct were not protected after they were seized pursuant to a search warrant.
  • Platform terms matter. If an AI provider reserves

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In advance of the anticipated rollout of the “TrumpRx” website, a platform promising lower-priced drugs sold directly to consumers, the Office of Inspector General of the Department of Health and Human Services released a special advisory bulletin on Jan. 27, 2026, outlining the Federal Anti-Kickback Statute implications for direct-to-consumer drug sales. The OIG concludes that…

On January 16, 2026, the Secretary of War Pete Hegseth posted a video on social media announcing that the Department of War will conduct a “line‑by‑line review of every small business, sole source, 8(a) contract that is over $20 million,” focusing on impermissible pass‑throughs to large businesses.  This action by the DoW aligns with broader…