"In The Belly Of The Breach: What Every In-House Counsel Needs To Know about Data Breach Response"

Scott L. Vernick was quoted in The Legal Intelligencer article, "Did UPMC Data Breach Ruling Lock Plaintiffs Out of State Court?" on January 23, 2017.

California's 2026 legislative session concluded with Governor Newsom signing several landmark privacy and AI bills into law, including comprehensive child safety measures, AI auditor oversight frameworks, and expanded data protection requirements. How will these new regulations reshape digital advertising, workplace AI deployment, and online platform obligations for businesses operating in California?

On September 15, the Federal Trade Commission ("FTC") issued a policy statement ("Statement") addressing the scope of its Health Breach Notification Rule ("Rule") on health apps and connected devices.

California's legislature has sent a comprehensive package of privacy, AI, and advertising bills to Governor Newsom's desk, with decisions due by September 30, 2026. The legislation addresses sensitive personal information protections, data broker obligations, AI-powered chatbot regulations, and digital replica rights, potentially reshaping how businesses handle consumer data and automated decision-making systems. Will these bills become law and set new national standards for technology regulation?

Meta Platforms has agreed to pay $17 billion over ten years to resolve multistate litigation alleging the company engineered Facebook and Instagram to addict minors while concealing the risks. Beyond the historic financial penalty, the settlement mandates sweeping platform changes including default usage limits, overnight lockouts, and parental controls for users under eighteen.

Target announced the compromise payment card information taken in-store between November 27 and December 15, 2013

California's Senate Bill 690 eliminates the private right of action for pen register claims under CIPA when violations arise from website or mobile app tracking technologies, leaving enforcement solely to the Attorney General. The bill applies retroactively to claims filed after January 1, 2025, and awaits Governor Newsom's signature with an operative date of January 1, 2027.

In the last few months, California and New Jersey enacted legislation to protect children online: California’s 13-bill package targets risks to children arising from emerging technologies, while New Jersey’s 3-bill package includes an age-appropriate design code. Despite their differences, these laws share a common focus on protecting children as technology evolves.

Mossack Fonseca. Before April 2016, most of us had never even heard of a Panamanian law firm by that name.

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act (TDPSA) and other consumer protection laws.

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.

The FDA, in collaboration with federal partners, held a landmark public hearing on September 14, 2026, to gather input on the future therapeutic use of psychedelic drugs, drawing over 18,000 registered attendees. This hearing represents one of the earliest implementations of Executive Order 14401, which directs federal agencies to expedite research, review, and approval of psychedelic drugs for serious mental health conditions.

The landscape surrounding Section 280E of the Internal Revenue Code continues to evolve with President Trump's Executive Order on medical marijuana rescheduling, advancing litigation in New Mexico Top Organics v. Commissioner, and shifting regulatory signals. Cannabis taxpayers face critical decisions about taking "non-280E" positions on their tax returns while the IRS maintains its enforcement stance and the U.S. Tax Court case addressing common arguments remains pending.

A federal court in New Jersey has declared that state-mandated labor peace agreements for cannabis licensees are preempted by federal labor law, creating immediate questions for operators across the state. With the decision now under appeal to the Third Circuit and similar challenges advancing nationwide, licensed cannabis businesses must carefully evaluate their existing agreements and compliance obligations.

The Wall Street Journal reported that the SEC is developing a plan that would eliminate mandatory quarterly earnings reporting and instead...

CMS is expanding its ACCESS Model in spring 2027 to include five new tracks covering heart failure, COPD, substance use disorders, tobacco cessation, and extended musculoskeletal support. The expansion emphasizes symptom management, quality of life, and technology-enabled care for individuals with serious or chronic conditions, creating meaningful new pathways for palliative-style care within Medicare reimbursement. With 160 participating organizations and major health payers pledging to adopt outcomes-base

The Office of the Comptroller of the Currency has proposed new regulations that would impose Bank Secrecy Act and sanctions compliance requirements on permitted payment stablecoin issuers under its jurisdiction. This rulemaking, coordinated with FinCEN and OFAC, establishes anti-money laundering, counter-terrorism financing, and sanctions program standards for stablecoin issuers as part of the broader implementation of the GENIUS Act framework.

The FDA has announced a September 2026 public hearing to gather stakeholder feedback on the therapeutic use of psychedelic drugs in supervised settings, marking a significant federal policy shift following the Trump administration's Executive Order directing agencies to accelerate psychedelic drug research and approval. This development, coupled with newly released FDA guidance on clinical investigations, signals an evolving regulatory landscape that extends beyond traditional drug approval pathways into cl

On October 14, 2019, the Trump Administration issued Executive Order (EO) 13894 "Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria" in...

Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government