Until Congress passes comprehensive legislation regulating artificial intelligence, companies will have to navigate a risky and unpredictable law enforcement environment, McGuireWoods partners Garen Marshall, David Hirsch, Jason Cowley and Justin Givens wrote in Compliance & Enforcement, a blog published by New York University School of Law’s Program on Corporate Compliance and Enforcement. Associates Elizabeth Peters and Alice Moscicki contributed to the article.
In the March 16, 2026, article, “The Law Hasn’t Caught Up: Lessons in AI Risk from Recent Federal Enforcement Developments,” the attorneys analyzed three recent events — a first-of-its-kind federal court ruling, the Trump administration’s creation of an “AI Litigation Task Force” and the indictment of a tech CEO — that collectively illustrate where AI risk stands in 2026.
That story is more complex than many corporate compliance programs have anticipated, as the enforcement of AI laws hasn’t reached a stable equilibrium, the attorneys explain.
“All three developments are products of the same condition: the absence of a federal AI framework has left existing legal doctrines — privilege law, constitutional Commerce Clause analysis, decades-old fraud statutes — to absorb questions they were never designed to answer,” the attorneys wrote.