Government Regulation and Public Sector Law

On September 29, 2026, President Trump issued Executive Order (EO) 14434, Inaugurating the Era of Super Intelligence, directing Executive departments and agencies to prospectively use the term “Super Intelligence” (SI) in lieu of “Artificial Intelligence” (AI) across Executive Branch official communications and other non-statutory materials. The EO also initiates a process to review the current statutory definition of AI, propose a new federal definition for SI, and evaluate conforming amendments to existing federal statutes.

The Department of Justice has revised its Justice Manual to limit the use of agency guidance documents in False Claims Act enforcement, requiring that enforcement actions be based on binding legal requirements rather than non-binding guidance. This policy shift creates new opportunities for companies to challenge FCA claims and reassess their defense strategies, while still allowing DOJ to use guidance documents as evidence of knowledge and other FCA elements in certain circumstances.

The D.C. Circuit's recent decision in a Buy America waiver challenge establishes new precedent for how federal agencies evaluate domestic availability in infrastructure projects. The ruling addresses whether manufacturers' future production capabilities should factor into waiver decisions and clarifies the standing requirements for suppliers challenging such waivers. This case provides critical guidance for companies navigating federal procurement requirements in transportation and infrastructure projects.