Alston & Bird Publishes April 2026 AI Quarterly Review of Key U.S. Laws and Policies

Published
Score
23

Why it matters

Congress moved on two fronts in late March to shape AI regulation. On March 26, bipartisan lawmakers introduced H.R. 8094, the AI Foundation Model Transparency Act, requiring developers of large language models to disclose training methods, purposes, risks, evaluation protocols, and monitoring practices. The bill imposes no affirmative regulation—only disclosure obligations. One week earlier, the Trump Administration released its National Policy Framework for Artificial Intelligence, a non-binding document recommending Congress adopt unified federal standards across seven areas: child protection, AI infrastructure, intellectual property, free speech, innovation, workforce development, and preemption of state law. The framework followed Senator Marsha Blackburn's March 18 discussion draft of the Trump America AI Act, which would codify President Trump's December 2025 executive order directing federal preemption of state AI laws.

The specific language of the Trump America AI Act remains in draft form and has not been formally introduced. The extent to which the transparency bill and the preemption framework will align—or conflict—on issues like copyright liability and Section 230 reform is still unclear.

These moves respond to regulatory fragmentation. Over 600 AI bills were introduced in state legislatures in the first quarter of 2026 alone, including Colorado's AI Act and California's CCPA amendments. The European Union's AI Act takes binding effect in August 2026, creating a third regulatory regime. For multinational companies and their counsel, the next 90 days will determine whether Congress imposes a single federal standard or leaves the patchwork intact. A February ruling from the Southern District of New York also bears watching: the court held that using AI tools to process privileged information can waive attorney-client privilege, a risk that will intensify if AI disclosure requirements expand.

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