Courts remain divided on whether the Wiretap Act’s crime/tort exception covers commercial web data capture, leaving an unsettled legal landscape entering 2026.
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2025 Year In Review: Video Privacy Protection Act Litigation Trends
Despite having been enacted decades ago – during the heyday of the neighborhood brick-and-mortar video store – the federal Video Privacy Protection Act remained as relevant as ever in 2025.
Kirk Nahra Authors an Article on "Privacy and Security Law for Business Lawyers"
WilmerHale Partner Kirk Nahra examines the expanding and increasingly complex patchwork of U.S. privacy and security regulations in his recently published article, “Privacy and Security Law for Business Lawyers.”
Kirk Nahra Authors an Article on “<em>Trying to Make Sense of Health Privacy</em>”
Kirk Nahra has authored an article, which analyzes the recently introduced Health Information Privacy Reform Act.
European Court of Justice to Review Challenge to EU-U.S. Data Privacy Framework
The European Court of Justice will review a challenge to the EU-U.S. Data Privacy Framework, introducing uncertainty for companies that rely on the Framework for transatlantic data flows.
Two Circuits Narrowly Construe the Video Privacy Protection Act
Recent federal appellate decisions have narrowed the scope of the Video Privacy Protection Act, with he Second Circuit limiting what counts as “personally identifiable information” and excluding complex data strings and social media identifiers from VPPA protection.
California Privacy Protection Agency Issues Largest Monetary Penalty to Date
On September 30, the CPPA announced a $1.35 million settlement – the largest in the agency’s brief history – with Tractor Supply Company, signaling that the CPPA is an increasingly active regulator and that compliance with it should continue to…
Transparency in Frontier Artificial Intelligence Act (SB-53): California Requires New Standardized AI Safety Disclosures
California has passed a new AI safety law (“the Transparency in Frontier Artificial Intelligence Act” or “TFAIA”) that requires developers of powerful AI systems to publicly share how they manage safety risks.
Texas Expands and Modifies Data Broker Registration Law
On June 20, 2025, the Texas governor signed two bills amending the Texas Data Broker Act (the “Act”) into law (SB 2121 and SB 1343).
AI and the EU Digital Markets Act
AI is not yet a regulated ‘core platform service’ under the DMA but may be covered when integrated into such a service and in future revisions.