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U.S. Privacy Litigation Update: September 2025 Decisions
By Former Attorney Dustin Taylor
In this post: (1) Courts find cookie banners and sign-in banners place users on notice of privacy policy; (2) but policy must explicitly notify users of practice to establish consent;…
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California’s Latest Trio of Privacy Bills: What Businesses and Consumers Need to Know
By Heidi Salow, Former Attorney Shannon Kapadia, Shevani Mehta
California continues to set the pace for digital privacy reform, enacting three groundbreaking laws that will reshape how personal information is handled across the state. On October 8, 2025, Governor…
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Massachusetts and California Legislative Activity: Data Privacy and AI Legislation
By Erik Dullea, Heidi Salow, Former Attorney Shannon Kapadia, Shevani Mehta
Key point: Recent legislative efforts in Massachusetts, seeking to add another comprehensive data privacy law to the national patchwork of state laws, and in California enacting a law to regulate…
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Healthcare Website Tracking: Lessons from Four Recent ECPA Rulings
By Former Attorney Dustin Taylor
Four federal courts issued decisions in August involving claims that healthcare companies violated the Electronic Communications Privacy Act (ECPA) by deploying tracking technologies—such as the Meta Pixel and Google Analytics—on…
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California Legislature Advances Sweeping AI Bill: Implications for Businesses and Developers of “Companion Chatbots”
By Heidi Salow, Former Attorney Shannon Kapadia
Key point: The California Legislature is considering a bill that would impose comprehensive requirements on the development, deployment, and use of artificial intelligence (AI) systems, with a focus on transparency,…
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U.S. Privacy Litigation Update: August 2025 Decisions
By Former Attorney Dustin Taylor, Owen Davis
In this post: (1) The 9th Circuit tightens what “harm” a plaintiff must suffer to have standing; (2) the D.C. Circuit adds to growing circuit split on defining “consumers”; (3) Three…
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The Defense Department’s Cybersecurity Requirements Go Live
Key point: Beginning November 10, 2025, DoD contracting officers will begin adding Cybersecurity Maturity Model Certification (CMMC) requirements to solicitations, and contracting officers “shall not award a contract, task order,…
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EU Court Upholds Data Privacy Framework Despite Challenge: Implications for Transatlantic Data Transfers
Key point: The European General Court has upheld the European Commission’s adequacy decision for the EU-U.S. Data Privacy Framework, confirming that the United States ensures an adequate level of protection…
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OIRA Completes its Review of the DFARS CMMC Proposed Rule: Is Your Company CMMC Certified, or Will It be Excluded from Future Awards?
By Erik Dullea, Heidi Salow, Luis Hidalgo
Key point: CMMC took another step towards reality, with OIRA clearing for publication the DFARS proposed rule that will add CMMC requirements as a condition of award for new contracts.…
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Colorado Delays AI Act Compliance: What Lawyers and Business Leaders Need to Know
By Erik Dullea
Key point: During Colorado’s legislative special session, which aimed to address budgetary shortfalls resulting from this year’s federal appropriations act, lawmakers approved a delay in the Colorado AI Act’s effective…