Insights

May 22, 2026: A Crowell & Moring team represented Kanders & Company in a complex carveout transaction in which Kanders acquired the biosecurity business of publicly traded Ginkgo Bioworks. The resulting company, Perimeter Systems, has launched as the world’s first integrated biosecurity infrastructure platform, designed to transform biological signals into real-time intelligence and accelerate decisive response. At closing, Perimeter secured $60 million in growth capital, led by Kanders in partnership with SCS Financial, Goldcrest Capital, Four Cities Capital, and the Safe Artificial Intelligence Fund (SAIF).

On September 4, 2026, the IRS published a notice of proposed rulemaking (NPRM) titled “Racial Nondiscrimination in Private Schools” (REG-119986-25). The proposed rule would extend the prohibition against racial discrimination in private schools to policies and practices that are intended to serve “remedial or diversity-related objectives,” such as those commonly associated with diversity, equity, and inclusion (DEI) initiatives. Under the proposed rule, any private primary or secondary school, college, professional or trade school, or university, would lose its tax-exempt status if it adopts, maintains, or enforces any policy or practice that considers race, color, or national or ethnic origin in the administration of any admissions policy, scholarship or loan program, athletic program, or other school-administered program. Comments are due November 3, 2026, and, if finalized, the proposed rule would go into effect on May 31, 2027. 

In our previous client alert, we addressed how algorithms and platform features that rely on user generated speech might not receive Section 230 protections because those features may not be considered platform user content.  In these instances, the platform might not carry user generated water through the pipe, but adds its own to the mixture.  At the same time, if it is true that there is less Section 230 protection, these same elements should then imbue the content with First Amendment protections as the expressive content of the platform.

Section 230 of the Communications Decency Act (“Section 230”) protects online platforms from liability for user-generated speech. Based on the premise that platforms generally do not create original content but instead curate their users’ own speech, Section 230’s protections have historically applied to a platform’s algorithmically assembled, selected or sequenced content; algorithms or features that amplified or directed user generated speech to particular users were generally protected. Indeed, the old rule of thumb was the more a platform used algorithms or automation, the more likely user generated speech remained user generated speech. GenAI has the potential to change that calculus. A platform that ingests user generated content and publishes a transformed output, can blur Section 230’s line between publication and creation. The central question is whether Section 230 protects GenAI, which analyzes, but does not alter, user-created content to produce an outcome, and its corresponding outputs.

Crowell's Rebecca Springer and Corey Hirsch-Lestienne discuss recent developments regarding an employer’s obligation to accommodate employees’ sincerely held religious beliefs and practices and what employers should know if employees request religious accommodations to ensure that they are compliant with the law. The Lightning Round podcast is Crowell’s biweekly rundown on developments and trends in the Labor and Employment space.