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Trick or Treat? Five Privacy and Cyber Developments That Could Haunt Your Business in 2026
By Janet P. Peyton, Isabel M. Carvalho, Nathanael Williams
Halloween is nearly here. The costumes are out, the candy bowls are full, and somewhere a tracking pixel is quietly watching a visitor fill an online shopping cart. For businesses,…
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‘Surveillance Pricing’: A Practical Guide for Businesses Navigating Its Regulatory Risk
By Nathanael Williams, Tara Bradley, Alice B. Leiter
“Surveillance pricing” describes the use of formulas, software or AI to set prices dynamically when those systems incorporate personal information (e.g., browsing history, purchase patterns, demographic profiles, device identifiers or…
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DOJ Continues Increased Cybersecurity Enforcement: Honeywell Aerospace Agrees to $2M FCA Settlement for Cybersecurity Noncompliance on DoW Contracts
By Edwin O. Childs, Michael J. Podberesky, Brett Barnett, Abram J. Pafford, Jack White, John S. Moran, Sophie Marsh, Jason M. Vespoli, Léa Dickinson, Alicia A. Baiardo, John Sullivan, Joshua Davis
On September 1, 2026, the U.S. Department of Justice (“DOJ”) announced a $2,042,518 False Claims Act (“FCA”) settlement with Honeywell Aerospace Inc. (“Honeywell Aerospace” or “Honeywell” or “the company”), resolving…
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Could Using Cheaper Chinese AI Lead to Costly Congressional Scrutiny?
By David Hirsch, Garen S. Marshall, Casey Erin Lucier, John S. Moran, Emily Erb Kelley, Lauren Devendorf
U.S. companies using AI models developed by companies based in the People’s Republic of China, including DeepSeek, Moonshot AI or MiniMax, should be aware of potential congressional scrutiny in this…
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California’s SB 690: Legislative Relief on the Horizon for Website Privacy Claims
By Alicia A. Baiardo, Anthony Q. Le, Payam Khodadadi
California Senate Bill 690 (“SB 690”) continues to advance in the California state legislature. SB 690 seeks to limit litigation brought pursuant to the California Invasion of Privacy Act (“CIPA”)…
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New Frontiers in Spoliation: Preserving AI Records in Litigation
By Garen S. Marshall, Ashley Matthews, Davis M. Walsh, Alice Moscicki, Louis O.C. Rogers
The explosion of generative AI in the workplace has created a new and largely unaddressed category of litigation risk. In May 2025, a federal court in the Southern District of…
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California Court Rules Automated License Plate Recognition Law Requires Actual Harm
By Anthony Q. Le, Alicia A. Baiardo, Payam Khodadadi, Christian Hochhausler
On July 20, 2026, the California Court of Appeal (Fourth Appellate District, Division One) issued its decision in Mata v. Digital Recognition Network, Inc., No. D084781, holding that standing to…
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California’s Automated License Plate Recognition Law Draws Increased Litigation Exposure
By Alicia A. Baiardo, Anthony Q. Le, Payam Khodadadi, Christian Hochhausler
In February 2026, the California First District Court of Appeal held that, at the pleading stage, the plaintiff had sufficiently pled that a parking garage’s failure to publicly display an…
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DoW Suspends CMMC Phase II Requirements – Launches 60-Day Review
By Edwin O. Childs, Andrew Konia, Abram J. Pafford, Jack White, Jason M. Vespoli, Léa Dickinson, Sophie Marsh, John Sullivan
On July 13, 2026, the Department of War (DoW) announced the immediate suspension of all Cybersecurity Maturity Model Certification (CMMC) Phase II requirements, which had originally been scheduled to take…
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AI-Assisted Billing Could Create FCA Pitfalls: How Healthcare Companies Can Get Ahead of Risk
By Garen S. Marshall, Justin Givens, Mindy Sauter, Brett Barnett, Rhea Shahane, Katherine Richardson
Across the healthcare industry, providers are increasingly relying on AI-assisted billing tools to automate medical coding, prior authorization workflows, and the submission of claims to Medicare, Medicaid and other federal…