United States: New Technology

Presently, the availability of AI tools has not changed the skills expected of litigation attorneys in California. Some attorneys may be using AI for drafting and editing to improve their writing abilities. Others may use it in research to identify authorities they were not able to locate, or to locate more quickly what they could find using the many legal research and writing tools already available.

The U.S. Food and Drug Administration has released a discussion paper outlining its initial framework for regulating generative AI-enabled medical devices, proposing a two-axis risk assessment approach and a novel competency-based premarket evaluation system. With public comments due by October 19, 2026, this represents a critical opportunity for device manufacturers and stakeholders to shape the regulatory landscape for this transformative technology.

On August 4, 2026, the U.S. Department of Justice (DOJ) announced a combined $3.2 million settlement with OpenAI OpCo LLC and its subsidiary Statsig Inc.

The sports and gaming industries are evolving faster than existing legal frameworks can accommodate, creating unprecedented jurisdictional battles, regulatory shifts, and commercial opportunities. From the escalating fight over prediction markets between federal regulators and states to the emergence of responsible gaming as a standalone policy priority, the first half of 2026 has reshaped the legal landscape governing these sectors while raising fundamental questions about innovation, consumer protection

Agentic wallets empower AI to execute payments, contracts, and business decisions autonomously. But US law offers no legal personhood for AI systems. Every action an AI agent takes must be attributed to a human or corporate actor, even when the AI behaves unpredictably or beyond what the user or developer intended.

Though federal disparate-impact enforcement has pulled back for now, private litigation continues, and juries are broadly skeptical of AI decision-making.

Managing Partner Brett Johnson of Winston Taylor's Dallas office shares insights on artificial intelligence's impact on intellectual property law, the evolution of the legal industry, and the strategic advantages of the firm's transatlantic platform. The conversation explores innovation in legal practice, the new Texas Business Court, and how combining local expertise with global capabilities creates value for clients.

Antitrust scrutiny of information exchanges and algorithmic pricing tools has intensified recently—from public enforcers and private plaintiffs alike—as companies across industries increasingly use algorithmic and AI-enabled systems to gather market data and generate pricing recommendations.

The Third Circuit's reversal in Cornish-Adebiyi v. Caesars Entertainment marks a pivotal moment in antitrust law, becoming the first federal appellate court to allow algorithmic price-fixing claims to proceed past dismissal. How does this decision differ from the Ninth Circuit's ruling in Gibson v. Cendyn Group, and what specific allegations about AI-enabled pricing tools proved decisive in establishing a plausible horizontal agreement among Atlantic City casino-hotels?