DOD's Affirmative Action Program Unconstitutional
Client Alert | less than 1 min read | 11.06.08
The Federal Circuit in Rothe Dev. Corp. v. DOD (Nov. 4, 2008) has struck down as unconstitutional DOD's program under "section 1207" setting a goal of 5% of its contract dollars to small disadvantaged firms by giving them certain competitive advantages. The court found that Congress had not had before it sufficient evidence of specific discrimination in DOD contracting to satisfy the strict scrutiny standard required for legislation based on racial classifications.
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Client Alert | 4 min read | 03.25.26
NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know
The National Association of Insurance Commissioners (NAIC) is intensifying its oversight of how insurers use AI — and the pace of regulatory activity shows no signs of slowing. Over the past several months, the NAIC has published a formal Issue Brief staking out its position on federal AI legislation, launched a multistate AI Evaluation Tool pilot aimed at examining insurers’ AI governance programs, and continued to expand adoption of its AI Model Bulletin across state lines. These developments continue a trend towards enhancing regulation; the NAIC adopted AI Principles in 2020 and a Model Bulletin in 2023 clarifying that existing insurance laws apply to AI systems and establishing expectations for governance, documentation, testing, and third-party oversight. That Model Bulletin has now been adopted in approximately 24 states.
Client Alert | 11 min read | 03.25.26
White House National AI Policy Framework Calls for Preempting State Laws, Protecting Children
Client Alert | 3 min read | 03.24.26
California Considering A Massive Expansion of Its Antitrust Laws
Client Alert | 2 min read | 03.23.26
