Bloomberg Law 2026: Sharp Outlooks Into an Uncertain Future

Bloomberg Law 2026, the latest installment of Bloomberg Law’s annual outlook series, features more than 30 articles from our legal analysts that look ahead to what 2026 has in store for legal professionals and the legal industry.

This year’s iteration features deep dives into the latest data and trends in four broad topic areas: Litigation, Executive Orders & Authority, Corporations & Transactions, and Artificial Intelligence.

Subscribers can access all of the analyses below. Non-subscribers can download them for free here.

Cracks in the Federal Judiciary Will Widen in 2026

The federal judiciary faces a crisis in 2026. Stresses stemming from litigation involving the Trump administration litigation and the Supreme Court’s response to those cases have made federal litigation less predictable. State court, forum choice, and a “multi-front” approach help mitigate those risks for litigants. (Eleanor Tyler & Erin Webb)

Floods, Fires, and ICE—Where Force Majeure May Go Next

Farm bankruptcies tied to immigration enforcement will test whether labor shortages prompted or exacerbated by executive orders qualify as “acts of government” under force majeure clauses. Bankruptcy courts must decide how flexible they should make the definition of impossibility if they expand the doctrine to include administrative action. (Gary Almeter)

Delaware on Edge Amid Corporate Law Inflection Point

In 2026, the Delaware Supreme Court will decide two cases that could both reshape corporate law and affect the Court of Chancery’s premier business court status. The court must now navigate the fallout from a tumultuous two years in Delaware corporate law, particularly regarding cases involving controlling stockholders. (Michael Maugans)

Cannabis May Find Unexpected Ally in SCOTUS Next Year

The US cannabis industry is grappling with a financial crisis due to federal law’s treatment of cannabis, which ensures the country’s top operators stay crippled by debt and exorbitant costs. A potential Supreme Court ruling on a related issue could reignite federal rescheduling efforts and keep the industry afloat. (Meghan Thompson)

ITC Proceedings to Gain Traction in IP Enforcement

Intellectual property enforcement against foreign infringers faces new challenges, which will prompt a shift towards ITC proceedings. With federal courts tightening ex parte temporary restraining orders and the Federal Circuit lowering barriers for ITC complaints, IP holders will explore alternatives to traditional litigation. (Travis Yuille)

Lit Finance Will Help Drive New Models of Law Practice

In 2026, litigation funders will play a key role in accelerating the pace of nonlawyer investment in law firms. In turn, key stakeholders, including state regulators, will capitalize on these options to modernize and promote investment in the legal industry, particularly by nonlawyers. (Robert Dillard)

Employers Look to Speak to a ‘Captive Audience’ Again

A Biden-era NLRB decision ruling that anti-union “captive audience” meetings are illegal might be short-lived under the Trump administration. Will the Amazon.com decision be overturned and when? If it’s overturned, how will that affect challenges to state laws banning captive audience meetings? Cathy Minkler & William Welkowitz)

Emerging Mass Torts Expose Bankruptcy Code’s Limits

Judicial pushback against defensive bankruptcies in Purdue Pharma and Johnson & Johnson cases shows that courts have grown skeptical of mass tort defendants using Chapter 11 to circumvent liability. In 2026, calls to amend Section 524(g) to address emerging mass torts from technology, addiction, and abuse claims will grow louder. (Gary Almeter)

Employee Political Expression Faces Shifting Tides

In 2026, private-sector employers can expect new efforts by Democratic lawmakers to protect employee political expression, and they may see new claims alleging that the First Amendment protects private-sector employees from being fired for their political expression when such terminations have been urged by government officials. (Marissa Zalasky)

Foreign Affairs Will Derail Major Questions Doctrine

Citations to the major questions doctrine peaked in 2024 and are on the decline. Judicial theories that the doctrine might not apply to foreign policy and national security powers are likely to dovetail with the executive’s reliance on these topics, making courts reticent to enforce the doctrine. (Erin Webb)

Discovery Orders to Infuse Light Into APA Challenges

Federal courts are facing a deluge of Administrative Procedure Act cases that don’t fit the mold of ordinary APA suits. Because of this atypicality, courts may increasingly allow exceptions to the general rule against discovery in APA cases and find the deliberative process privilege overcome. (Ashley Skladany)

Tussle Over Drug Discounts to Tip Pharma’s Way in 2026

After setbacks in state legislatures and federal courts, drugmakers have found openings that will likely begin to slow growth in a controversial drug discount program in 2026. (Brian Forst)

Health Apps Face Privacy Problems in New CMS Ecosystem

The Trump administration’s Health Technology Ecosystem will establish baseline privacy protection for health apps, but those protections will fall short of consumer expectations. Incentives will drive participation in the ecosystem and innovation in health tech in 2026, but public pressure will force companies to act to protect patient information. (Laura Travis)

Why DEI in 2026 Will Be a Learning Curve for Employers

The current lull in publicly visible DEI-related enforcement activity may only be the calm before the storm. The EEOC’s DEI activity will ramp up in 2026, and some state enforcers are poised to follow suit. Their actions will give employers some much-needed insight on DEI’s future. (Rachel DuFault)

The NLRB’s Labor Law Enforcement Days May Be Numbered

The SpaceX case challenging the constitutionality of the NLRB is moving through the federal courts and is headed to the Supreme Court. If the NLRB is found unconstitutional, how do the NLRA’s provisions get enforced, and by whom? And how might another case, challenging Humphrey’s Executor, further affect the outcome? (William Welkowitz)

States to Take a Swing at Their Own Immigration Laws

While the federal government retains ultimate authority over immigration policy, individual US states are increasingly leveraging their jurisdiction over labor and employment matters to influence immigration-related issues. This trend, which began during the Trump administration, is expected to intensify in 2026. (Charlotte Tucker)

Predictions to Make Crypto Regulation Less Cryptic

The SEC is transforming into an agency that emphasizes promoting innovation, reducing regulation, and relatively deemphasizing its traditional role of investor protection. Once the federal government shutdown is resolved, the SEC will move faster than it has since the 2008 financial crisis to create a legal framework for crypto. (Preston Brewer)

2026 to Be a Watershed in Big Tech’s Antitrust Battles

After decades of hand-wringing and much spilled ink, antitrust cases and new enforcement tools against the technology platform behemoths are finally starting to bite. Which means that, in 2026, we’re about to see whether ongoing attempts to rein in the platform monopolies will succeed in denting their market power. It’s not a foregone conclusion. (Eleanor Tyler)

Debanking EOs Will Pit Prudence Against Compliance

In 2026, President Donald Trump’s executive orders against “debanking” requiring banks to serve all customers create a compliance challenge for banks, where prudential concerns about customer risk must be balanced with the possibility of enforcement for denying service. (Benjamin Cooper)

North American Companies to Break M&A Records in 2026

In 2026, deal volumes for North American target companies will exceed those from 2025 and will surpass the bar set in 2021. Furthermore, buyers in the Middle East and Africa will do more deals with North American target companies, increasing the deal volumes for these cross-border transactions. (Emily Rouleau)

Get Ready for Fights Over Crypto Treasury Mergers

Digital asset treasuries, the firms built to sit on piles of crypto, are starting to merge. Will this create a new era of DAT lawsuits? (Benjamin Cooper & Boebin Park)

Tariff Headwinds for Companies Will Continue in 2026

President Donald Trump’s use of emergency powers to levy tariffs has led to US Supreme Court litigation and is causing uncertainty for companies. Form 8-K disclosures show how companies are grappling with the increased supply chain costs, which will continue into 2026. (Louann Troutman)

Why AI Return on Investment in Legal Will Lag in 2026

Corporate legal departments are rapidly adopting AI, but 2026 will not bring measurable ROI, yet. The issue isn’t failed technology, it’s uneven adoption and weak data readiness. Legal teams are still building the systems, baselines, and consistency needed to measure AI’s impact, making 2026 a foundational, not payoff, year. (Janet Chanchal)

As States Fail to Pass Consumer Privacy Laws, AI Rules

With states failing to enact any comprehensive consumer privacy law this year, focus has shifted to AI laws, child online privacy enactments, and the amendment of existing state privacy laws. It’s likely that the 2026 state privacy patchwork will reflect these changes in trend. (Mary Ashley Salvino)

Agentic AI Is the Hurdle Law Firms Must Clear in 2026

Law firms are lagging behind their corporate counterparts in using generative AI and agentic AI. Next year, law firms must bridge the gap because of agentic AI’s potential to solve pressing issues and because clients—and legal ethics—demand technological competency. (Robert Brown)

Biotech & Pharma Buyers To Spend More on Tech in 2026

In 2026, M&A acquirers in the biotechnology, pharmaceuticals, and medical equipment and devices industries will spend more on target companies in the technology sector than they have since 2017. These deals will be encouraged by the Trump administration’s deregulatory approach towards AI. (Laura Travis & Boebin Park)

AI in Workplace to Test Disparate Impact Theory

In the coming year, the anticipated growth in AI-related discrimination cases may force a judicial reassessment of the disparate impact doctrine within federal employment laws, as conventional legal frameworks face unprecedented challenges posed by algorithmic biases. (Lydell Bridgeford)

Paying Hidden ‘AI Tax’ May Help Lawyers Stop the Slop

Ever since lawyers first got caught adding AI hallucinations to their filings, courts have tried numerous deterrence strategies, including imposing monetary sanctions for AI misuse. But as the problem continues to increase, courts may start relying on an underused but even costlier penalty: making offenders pay opposing attorneys’ fees. (Jason Wilson)

AI Power, Infrastructure Deals Set to Fuel M&A in 2026

The AI wave is fueling momentum in M&A activity, which is expected to continue into 2026 through sustained investment in power generation and data infrastructure. The AI sector’s rapid expansion is driving a growing demand for energy to support its development and growth. (Andrea Molina)

Why US Tech Isn’t Holding Its Breath for the EU AI Act

The EU AI Act faces industry pushback over costly, complex compliance, while US states advance their own AI laws. Delays in Europe won’t ease global obligations as governance frameworks must span jurisdictions. Dual-track development looms, favoring big tech, while smaller firms risk market exclusion amid accelerating state-level regulation. (Sennetta Dzamefe)

An incorrect AI summary previously at the top of this story was removed.