Last week, the Seventh Circuit issued a critical opinion for companies facing lawsuits under the Illinois Biometric Information Privacy Act (“BIPA”). In Clay v. Union Pacific Railroad Co., No. 25-2185, 2026 WL 891902 (7th Cir. Apr. 1, 2026), the
Data Matters
Data Matters, published by Sidley Austin LLP, focuses on legal developments and regulatory issues related to data privacy, cybersecurity, and digital regulation. The blog covers topics such as compliance with financial industry regulations, data protection in financial services, implications of EU digital legislation including the AI Act and GDPR, and enforcement actions involving data and privacy. It also addresses practical guidance on consent-based marketing communications and emerging risks like generative AI. The content is relevant to legal professionals and businesses navigating the intersection of data governance, technology, and regulatory compliance.
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Generative AI in Discovery: Protective Orders as an Emerging Point of Dispute
As courts have begun addressing generative AI in the privilege and work product context, they are also confronting related disputes in the context of protective orders. Recent decisions Morgan v. V2X, Inc. and Jeffries v. Harcros Chemicals, Inc. show that disagreements about how protective orders…
Maryland District Court Relies on Loper Bright to Hold Written Consent for Telemarketing Calls Not Required
In Bradley v. DentalPlans.com, 2026 WL 788856 (D. Md. Mar. 20, 2026), a federal district court in Maryland held that the Telephone Consumer Protection Act (TCPA or Act) does not require written consent before a person can receive automated or prerecorded…
There’s a New Sheriff in Town — Texas as Privacy Regulator
For many years, the privacy community took the position that the state of California was the leading data privacy regulator. The state of New York, with its active cyber enforcement by the New York Department of Financial Services, was a…
Fifth Circuit Holds U.S. FTC’s In-House Adjudication of Deceptive Advertising Claim Unconstitutional Under Jarkesy
On March 20, 2026, the U.S. Court of Appeals for the Fifth Circuit granted Intuit’s petition for review and vacated a cease-and-desist order from the U.S. Federal Trade Commission (FTC or Commission) related to Intuit’s marketing of TurboTax because “[f]ollowing…
SEC Releases Landmark Interpretation on Application of U.S. Securities Laws to Crypto Assets, in Coordination With CFTC
On March 17, 2026, the U.S. SEC issued a commission-level interpretive release, “Application of the Federal Securities Laws to Certain Types of Crypto Assets and Certain Transactions Involving Crypto Assets” (the Interpretation.)1 The Interpretation is the SEC’s most comprehensive statement to…
The New Cyber Doctrine of the United States: The Trump Administration Issues Cyber Strategy and Executive Order Targeting Cybercrime
The New Cyber Doctrine of the United States: The Trump Administration Issues Cyber Strategy and Executive Order Targeting Cybercrime
On March 6, 2026, the Trump Administration released President Trump’s Cyber Strategy for America, and an Executive Order targeting cyber-enabled crime,…
U.S. Office of the Comptroller of the Currency Proposes Comprehensive Supervisory Framework for Payment Stablecoins Under GENIUS Act
On February 25, 2026, the U.S. Office of the Comptroller of the Currency (OCC) issued a Notice of Proposed Rulemaking (NPRM) that would establish a federal framework for issuance and administration of payment stablecoins by permitted payment stablecoin issuers (PPSIs).…
From Tallahassee to Phoenix: States Move to Enforce National Security Limits on Access to Americans’ Sensitive Personal Data
State attorneys general increasingly are asserting authority in an area once viewed as the exclusive province of federal national security regulators — scrutinizing who can access sensitive personal data of U.S. persons, where that data flows, and whether foreign governments…
Generative AI and Privilege: Practical Lessons from Two Early Decisions and What Comes Next
In February 2026, two federal courts drew national attention by addressing generative AI in the privilege context. At first glance, the decisions appear incongruent: one denied privilege where AI was used; the other upheld work product protection in a similar…