On April 29, 2026, the United States Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers, Inc. v. Davenport, where it held that a nonprofit suffered an injury to its First Amendment right of association when it was subpoenaed by a state attorney general to produce donor information, including donor identities.1 Justice
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The White House Legislative Recommendations: National Policy Framework for Artificial Intelligence and Federal Preemption of State AI Laws
On March 20, 2026, the White House released its National Policy Framework for Artificial Intelligence (“Framework”), outlining legislative recommendations for Congress to establish a unified federal approach to AI regulation. The Framework builds on prior executive actions, including the December 2025 Executive Order (the “Executive Order”) and the Trump administration’s “America’s AI Action Plan,” and…
When Cyberwar Hits the Corporate Home Front
As recent events indicate, American companies may be the subject of destructive data “wiper” attacks and potential data theft by Iran-linked hackers. Ongoing tensions in the Middle East underscore the stark and evolving cyberthreat landscape facing companies. These types of cyberattacks blend the regulatory and litigation exposure of a traditional data breach with the extreme…
HHS OCR Announces Civil Enforcement Program for Confidentiality of Substance Use Disorder Patient Records
On February 13, 2026, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced its civil enforcement program to implement the updates to the Substance Use Disorder (“SUD”) confidentiality provisions of the regulation at 42 CFR Part 2 (“Part 2”).1 The new enforcement program became effective February 16, 2026,…
Supreme Court to Consider the Video Privacy Protection Act
Last week, the U.S. Supreme Court agreed to hear a case that is expected to resolve a long-developing split among federal courts of appeals over the scope of the Video Privacy Protection Act of 1988 (“VPPA”), 18 U.S.C. § 2710. In granting certiorari in Salazar v. Paramount Global, the Court will address a question that…
On the Twelfth Day of Data… Privacy Litigation: Four Notable Developments From 2025
By Chris Conrad
The past year was a busy one for privacy litigation: Website tracking litigation gained momentum. Plaintiffs repurposed legacy wiretap and video privacy statutes to target pixels, chat bots, and other AI-enabled user tools. Courts issued decisions that altered liability theories and deepened splits over statutory terms and defenses. Regulators remained active and staked out positions…
On the Eleventh Day of Data… Unwrapping DSARs in 2026
As the year draws to a close, reform of the data subject access request (DSAR) regime in the EU and the UK may turn out to be a welcome gift for organisations grappling with complex access requests. Regulators in both jurisdictions are signalling a more flexible, pragmatic approach to compliance, recognising that DSARs have often…
On the Tenth Day of Data… Looking Back at 2025 and Ahead to NYDFS Enforcement Priorities in 2026
By Kate Kaplan
While 2025 may have brought questions about the level of enforcement we would see from federal regulators, there was no question that state regulators would continue to be active, especially in the financial privacy space. In 2025, we saw the New York Department of Financial Services (NYDFS) implement the final phases of amendments to its…
On the Ninth Day of Data… State of the States: This Year’s Key Privacy Law Developments Across the U.S. States
The continued absence of a comprehensive federal privacy law once again positioned state legislatures as the primary forces behind data privacy developments in the U.S. this year. In 2025, eight new comprehensive state privacy laws took effect, adding to a growing patchwork of regulations that now spans 20 states. These laws generally reinforce established standards…
On the Eighth Day of Data… AI Regulation – A 2025 Recap and a Look Ahead to 2026
In 1950, reflecting on the future of machine intelligence, Alan Turing observed: “We can only see a short distance ahead, but we can see plenty there that needs to be done.” With several large language models, most notably OpenAI’s GPT-4.5, passing the Turing Test in 2025, some governments have taken steps towards stricter regulation this…