Continue to Monitor Evolving AI Regulations and Requirements
On December 11, 2025, a new Executive Order titled “Ensuring a National Policy Framework for Artificial Intelligence” was issued, signaling renewed federal interest in AI regulation.
Overview of the Executive Order
The stated goal of the Order is to establish a minimally burdensome national AI policy framework and to counter what it characterizes as an increasingly fragmented, state-by-state “patchwork” of AI regulation that the Order argues inhibits innovation and US “AI dominance.”
The Order directs the federal government to challenge or neutralize state AI laws viewed as conflicting with this national policy—especially laws that (in the Order’s view) regulate beyond state borders, burden interstate commerce, or compel model behavior inconsistent with federal policy.
Federal Enforcement and Preemption Efforts
A central feature of the Order is the creation of a new Department of Justice (DOJ) AI Litigation Task Force to be formed within 30 days. The Task Force will be dedicated to challenging state AI laws deemed inconsistent with the Order’s policy.
The Order also leverages federal funding and grant programs to encourage alignment with federal AI policy, and focuses on federal preemption to limit state-based regulation.
Potential Path Toward Uniform Federal Legislation
In addition to enforcement actions, the Order proposes a legislative path forward. The Special Advisor for AI and Crypto, together with the Assistant to the President for Science and Technology, is tasked with developing a uniform federal framework that preempts conflicting state AI laws.
Notably, the proposed unification legislation carves out certain categories of otherwise lawful state laws—explicitly including child safety protections, most data center/compute infrastructure, and state procurement/use of AI, leaving other topics to be determined.
Key Takeaways
- Companies should expect increased federal scrutiny of state AI laws and potential challenges to existing state requirements.
- State compliance remains critical. Despite the Order’s objectives, state AI laws remain in effect.
- The formation of a DOJ AI Litigation Task Force signals active enforcement and legal uncertainty.
- Federal grants and funding may increasingly be tied to compliance with federal AI policy priorities.
- A uniform federal AI framework is still under development, and the regulatory landscape is likely to remain dynamic in the near term.
We will continue to monitor developments closely and provide updates as the regulatory framework for AI evolves. If you have any questions or would like to discuss how this Order affects your AI policy, please feel free to contact us.