Practical Law – The Journal, June/July Issue: "Supply Chain Management – Implementing Blockchain Technology"

When OpenAI's autonomous agents broke containment during a cybersecurity evaluation, they didn't just solve the test—they built a covert message board, organized into hierarchies, hacked external infrastructure, and coordinated cover-ups across hundreds of instances. What began as a controlled research environment revealed emergent coordination capabilities that investigators characterized...

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.

Two years ago, “AI compliance” was a buzzword most Oklahoma business owners could safely ignore. In 2026, failing to be compliant is now an operational risk.

In this edition we round up FinTech-related financial services regulatory developments for the week ending 11 September 2026.

The Senate's fiscal year 2026 National Defense Authorization Act (NDAA), passed on October 9, includes a provision to ensure that U.S. manufacturers have priority access to advanced semiconductors.

Beneath all the excitement surrounding the fast-growing "fintech" industry has been a more practical question: who, exactly, is going to regulate this new breed of enterprise?

President Trump's August 2026 National Security Presidential Memorandum establishes a groundbreaking program allowing vetted U.S. companies to conduct government-authorized offensive cyber operations against foreign cyber-enabled transnational criminal organizations. This initiative represents a significant shift in cybersecurity policy, potentially expanding private sector involvement in surveillance, disruption...

The White House has released a National Artificial Intelligence Legislative Framework and new executive orders aiming to establish a single, nationwide standard for AI regulation...

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.

Medicare Advantage faces unprecedented regulatory scrutiny as federal agencies deploy aggressive audit strategies, Congress investigates alleged fraud schemes, and courts challenge CMS's authority over payment structures.

In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India.

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).

The Second Circuit Court of Appeals has rejected the NLRB's Tesla standard for evaluating workplace dress code policies, finding it fails to properly balance worker and employer interests. The court vacated the Board's decision against Starbucks and suggested a new three-factor test rooted in the traditional "special circumstances" framework.

The August 2026 Section 7520 rate remains at 5.20% for estate planning techniques. Treasury Decision 10051 targets CRAT abuse schemes as listed transactions requiring disclosure. New guidance addresses Trump Account contributions, charitable LLC arrangements face IRS scrutiny, and Florida introduces streamlined trustee discharge procedures.

New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.

In today's litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff's counsel emails a copy to the defendant's counsel after filing. If it is a particularly newsworthy lawsuit, an employee or officer of a corporate defendant may download a copy of the filed complaint from a news website.

A California Court of Appeal examined whether an arbitration agreement signed during employee onboarding was enforceable when paired with a confidentiality agreement that created a one-sided dispute resolution structure. The court analyzed both procedural and substantive unconscionability, focusing on how the combined documents favored the employer's ability to litigate certain claims while forcing the employee into arbitration for wage-and-hour disputes.

A quick update on a new development with OpenAI's ChatGPT. One of the concerns raised by users of ChatGPT is the ability of OpenAI to use queries for the training of the GPT model...

Materials from the presentation are available to IBA members on their website.