United States: Criminal Law

An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.

On September 9th, the United States Court of Appeals for the District of Columbia denied a motion to stay filed by SAM, Inc. and the National Drug and Alcohol Screening Association, Inc. (collectively, “SAM”). The motion sought to stay (pause) the Attorney General’s final order placing state legal medical marijuana into Schedule III of the Controlled Substances Act (“CSA”). While this ruling merely maintains the status quo, it is still a significant victory for state legal medical marijuana operators.

A federal court in Illinois recently dismissed a cybersecurity-related False Claims Act qui tam complaint against Archer Daniels Midland Company, primarily on materiality grounds. The decision highlights the stringent requirements relators face when pursuing cybersecurity FCA claims, particularly the need to demonstrate that alleged cybersecurity deficiencies would have significantly affected the government's payment decisions. The court's analysis provides critical guidance on pleading requirements for fal