As federal momentum toward a comprehensive U.S. AI law remains stalled, state regulators are stepping decisively into the gap. Heading into 2026, state attorneys general are likely to play an increasingly central role in shaping AI governance, not by waiting for new statutes, but by actively enforcing existing consumer privacy and AI-related laws. Two trends stand out: the use of profiling restrictions as a de facto AI enforcement mechanism and the continued expansion of a state-by-state AI regulatory patchwork.
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Marian A. Waldmann AgarwalPartner