US Forms AI Litigation Task Force To Challenge State AI Regulations

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Staff inbox at The National Law Review:

At its core, the order seeks to reduce what it deems “cumbersome” state regulation that “stymies innovation.” To achieve this goal, the administration has directed the U. S. Attorney General to form an “AI Litigation Task Force” to challenge state AI laws that are inconsistent with the goal of maintaining the United States’ global AI dominance.

The Secretary of Commerce has been tasked with identifying potentially unconstitutional state AI laws and regulations by March 11, 2026, which will be considered for challenge by the AI Litigation Task Force. This move has significant implications for states with onerous laws, as they may be ineligible for federal Broadband Equity Access and Deployment funding.

In light of these developments, employers who have invested in robust governance frameworks, including algorithmic impact and risk assessments, transparency protocols, and bias testing, will be better positioned to defend against potential litigation.

Aimed at establishing a unified national policy framework for AI, the EO attempts to significantly restrict states from independently regulating AI …

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