Government Regulation and Public Sector Law

The Second Circuit Court of Appeals has ruled that U.S. border officials can conduct suspicionless searches of travelers' digital devices, rejecting prior district court decisions requiring warrants. This decision deepens a split among federal circuit courts regarding Fourth Amendment protections at the border, leaving open questions about forensic searches and creating varying privacy protections depending on where travelers enter the United States.

Ankura's latest insights explore critical challenges across freight logistics, clinical trial compliance, cryptocurrency enforcement, parcel shipping costs, sanctions relief risks, cybersecurity threats, mortgage industry pressures, healthcare labor shortages, AI governance, and financial transformation. How are organizations navigating these complex operational, regulatory, and strategic landscapes in 2026?

The Environmental Protection Agency and U.S. Army Corps of Engineers have issued a supplemental proposal that would dramatically narrow the definition of federally regulated waters under the Clean Water Act, requiring perennial flow for tributaries and year-round surface water connections for wetlands. This September 2026 proposal responds to public criticism of earlier standards and could exclude many intermittent streams and seasonal wetlands from federal jurisdiction. Stakeholders have until October 9, 2

Senate appropriators signal that meaningful action on FY27 spending bills is unlikely before the election, while the House Appropriations Committee shifts focus to oversight hearings. Congressional Republicans continue discussions on reconciliation and debt limit strategies, though prospects for action during the lame-duck session remain uncertain as agencies begin FY28 budget planning.

Cannabis rescheduling advances through federal courts while Michigan and Kansas gubernatorial candidates debate marijuana taxation and legalization. The article also addresses ongoing concerns about cannabis odor at major sporting events.

The 2026 midterm elections will determine the congressional environment for healthcare policy during the final two years of the Trump Administration. With Republicans holding narrow majorities in both chambers and President Trump's approval ratings in the mid-30s, relatively small electoral shifts could materially change congressional control and reshape the healthcare policymaking landscape, affecting everything from drug pricing and Medicare Advantage to Medicaid implementation and industry oversight.

The federal government has implemented a comprehensive regulatory framework targeting foreign drone manufacturers' access to the US market through FCC equipment restrictions, tariffs, and procurement limitations. While existing approvals may no longer guarantee market access, the FCC's conditional approval process offers manufacturers a pathway to continue operations by submitting detailed onshoring plans for review by the Department of War or Department of Homeland Security.

The Pentagon wants commercial AI, and AI companies want the Pentagon’s business. But the terms that make or break these deals are often about data, security, and rights, not algorithms. That demand runs deep across U.S. defense customers and the defense industrial base, and AI companies are increasingly eager to supply it, directly or through primes, subcontractors, vendors, or technology partners.

The Agile BioFoundry is hosting its fall 2026 Industry Day in Berkeley, California, bringing together stakeholders to explore partnering opportunities in biomanufacturing. The event will feature lightning talks on synthetic biology, AI, and automation, alongside panels and networking sessions with DOE National Laboratory scientists.

The Committee on Foreign Investment in the United States has released its 2025 Annual Report, revealing significant shifts in transaction review patterns, heightened scrutiny of Chinese investors, and increased withdrawal rates. The report highlights a surge in semiconductor and aerospace sector filings, expanded use of mitigation agreements, and the launch of a new Known Investor initiative designed to expedite reviews for repeat filers.

As mandated by Section 10612 of the CHIPS and Science Act, the White House Office of Science and Technology Policy (OSTP) issued the National Security Science and Technology Strategy (NSSTS), which implements the S&T priorities of the 2025 National Security Strategy.

The United States has announced the pending sale of F-35 fighter jets to Saudi Arabia, marking a significant shift in Middle Eastern military dynamics as the Kingdom becomes the first Arab nation besides Israel to operate the world's most advanced stealth fighter. This controversial deal raises critical questions about regional power balance, Chinese espionage risks, and Israel's qualitative military edge. The sale's implications extend beyond military capabilities to reshape US-Gulf partnerships, regional