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5.19.26
Agri Stats Settlement Clarifies DOJ Views on Information Sharing
On May 7, 2026, the U.S. Department of Justice (DOJ) Antitrust Division and six state attorneys general filed a proposed Final Judgment to resolve antitrust claims against benchmarking and consulting firm Agri Stats, Inc. (Agri Stats). Agri Stats collects, processes, and distributes benchmarking data to broiler chicken, pork, and turkey processing operations. The reports are based on non-public pricing, profitability, and cost data submitted by meat processors. While Agri Stats purported to aggregate and anonymize the data, the DOJ alleged that those receiving the reports could identify who submitted the non-public data, allowing participants to raise prices.
Alerts
5.19.26
Colorado Legislature Repeals and Replaces Colorado AI Act: What SB 189 Means for Your Business
On May 14, 2026, Colorado Governor Jared Polis signed SB 189 into law, which repeals and replaces the Colorado Artificial Intelligence Act (CAIA). SB 189 goes into effect on January 1, 2027.
Alerts
4.22.26
State Coalition Claims Victory in Live Nation Monopolization Trial
On April 15, 2026, a federal jury found Live Nation liable for monopolization. The case was initially filed by the U.S. Department of Justice (DOJ) and joined by 40 attorneys general (AGs) from the states and the District of Columbia, but the DOJ reached a surprise mid-trial settlement limited to behavioral remedies. A broad coalition of 34 of the AG plaintiffs, from both political parties, rejected the federal settlement as inadequate and continued to litigate the case, culminating in a resounding verdict for the states on all counts tried.
Alerts
12.16.25
Trump Administration Issues Executive Order on National AI Policy and Deregulation
On December 11, 2025, the White House issued an Executive Order (EO), “Ensuring a National Policy Framework for Artificial Intelligence,” that establishes a new federal policy on artificial intelligence (AI). The EO states that it is “the policy of the United States to sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI.” The EO asserts that leadership in AI is critical to U.S. national and economic security and dominance and that “AI companies must be free to innovate without cumbersome regulation.” To accomplish this, the EO seeks to challenge “onerous” state AI laws through various federal actions.
Alerts
10.02.25
California Enacts Major AI Safety Legislation for Frontier AI Developers
On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53, the Transparency in Frontier AI Act (TFAIA), the first-of-its-kind AI legislation in the U.S. that will require large AI developers to publicly disclose how they plan to mitigate potentially “catastrophic risks” posed by advanced frontier AI models. The law builds on recommendations from the June 2025 report from the Joint California AI Policy Working Group and is a pared-back successor to last year’s unsuccessful Senate Bill 1047, which was vetoed amidst industry opposition. Most provisions of SB 53 will be effective starting January 1, 2026.
Alerts
9.10.25
State AGs Unveil Investigation Sweep Targeting Businesses Ignoring Consumer Opt-Out Signals
On September 9, 2025, the attorneys general of California, Colorado, and Connecticut and the California Privacy Protection Agency (CPPA) announced a joint investigative sweep of potential failures by businesses to honor consumers’ rights to opt out of the sale and sharing of their personal information and targeted advertising under state comprehensive privacy laws. Notably, the sweep takes specific aim at whether companies are fulfilling consumer opt out requests sent via Global Privacy Control (GPC) signals.
Alerts
4.15.25
States Expand Premerger Filings Family by Adopting “Baby-HSR” Laws to Review More Transactions
In a growing trend, states are requiring more premerger filings by enacting “baby-HSR” laws modeled after the federal Hart-Scott-Rodino (HSR) Act. These state-level statutes require parties to certain mergers and acquisitions to make an informational filing and, in certain cases, observe a waiting period before a transaction can be completed. While most state-specific laws have been limited to transactions involving the health care sector, Washington state is now the first state to expand their health care provider-focused statute to also capture transactions across all industries where one of the parties has its principal place of business located in the state or has significant annual sales in the state. The law goes into effect on July 27, 2025.1 Other states may follow suit to require filings in connection with transactions across all industries based on a similar “nexus” with the state.
Alerts
2.05.25
Consumer Protection Update: With Disruption at the Federal Level, State Attorneys General Are Likely to Loom Large
We are less than a month into the new Trump administration and are seeing an unprecedented wave of activity and major changes at federal agencies. These changes promise to bring significant disruption to the staff and negatively impact the typical activities of numerous agencies, including the nation’s consumer protection watchdog, the Federal Trade Commission (FTC). As discussed below, we expect the impact on the FTC to be significant given the rapid and aggressive moves by the new administration. And we expect state Attorneys General (AGs) to step in to fill the gap.
Alerts
1.07.25
New Year, New Developments: 2025 U.S. Privacy, Cybersecurity, and Consumer Protection Predictions
With Inauguration Day just around the corner, we are likely to see a host of new legislative and enforcement initiatives at the federal level. The Federal Trade Commission (FTC) will shift certain priorities under incoming Chairman Andrew Ferguson’s direction. And at the state level, legislatures and state attorneys general (state AGs) will continue to be active, enacting and enforcing a slate of new laws. As we ring in the new year, companies should be mindful of the new laws, regulations, and enforcement priorities that will likely impact them. Below are the top 10 U.S. privacy, cybersecurity, and consumer protection developments to watch out for in 2025:
Alerts
12.19.24
Seeing Double: Kroger/Albertsons Merger Blocked by Federal and State Courts
In parallel, same-day rulings, a federal and state court blocked The Kroger Company’s $24.6 billion proposed acquisition of the Albertsons Companies, Inc., relying on traditional antitrust analysis and evidence of head-to-head competition between the merging parties to support their conclusions.1 Following the twin unfavorable rulings against the merger, Albertsons swiftly moved to terminate the merger agreement and filed a lawsuit against Kroger for breach of contract and breach of the covenant of good faith and fair dealing.2