Perspectives on Privacy, Data Protection & Data Security

When one hears the term “neural data,” a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts.

On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States.

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act (HIPAA).

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

Presently, there is no overarching federal law or regulatory scheme specific to the unique challenges of AI. This places AI regulation on track to follow the same path as privacy/data collection—with the states, the courts, the industry itself, and other jurisdictions trying to fill the void.

In the absence of a federal privacy bill, nearly 20 states have passed comprehensive privacy laws. On July 1, three of these states — Florida, Oregon, and Texas — have new laws going into effect, with Montana’s effective in October.

Recently, the US Department of Homeland Security’s (DHS) Cybersecurity & Infrastructure Security Agency (CISA) issued a notice of proposed rulemaking (NPRM) which, if adopted, would require “covered entities” of critical infrastructure to report “substantial cyber incidents” to CISA within 72 hours, and to report ransomware payments within 24 hours.

Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the cyberattack in February.

Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet.

The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade.

As the federal government grapples with the complexities of comprehensive artificial intelligence (AI) regulation and competing agendas, several US states are taking matters into their own hands by computing their own solutions to the challenges posed by the rapid advancement of AI.

On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification requirements under the Health Insurance Portability and Accountability Act (HIPAA).

The National Institute of Mental Health reported that 16.32% of youth (aged 12-17) in the District of Columbia (DC) experience at least one major depressive episode (MDE).

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.

Consumer Advisory Committee Reinstated and Meeting Scheduled for April 4, 2024, on Heels of AI Robocall Ruling

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA).

Change Healthcare, an affiliate of Optum and UnitedHealth Group, processes more than 15 billion health care transactions annually and touches one of every three patient records.

With 2024 underway, ArentFox Schiff highlights 10 of the most pressing legal issues facing the consumer products industry this year.

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector.

Following a marked increase in impersonation attempts using artificial intelligence (AI) – of both real and fictitious individuals – the Federal Trade Commission (FTC) is seeking public comments on proposed changes to a recently finalized Trade Regulation Rule on Impersonation of Government and Businesses (Impersonation Regulation).

The sports industry experienced a year of considerable change in 2023, presenting new opportunities for athletes, team owners, and corporate sponsors.

The top legal issues in 2024 for the life sciences field reflect the complex and changing legal landscape that the industry is navigating, encompassing drug pricing, regulatory challenges, and broader societal and governance concerns.

Educational technology (EdTech) has long been used by educators as a way to support teaching and facilitate student learning using a wide range of digital tools, platforms, and resources designed to engage students and encourage innovation.

2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash flows gained significant traction.

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023.