Aravind Swaminathan Discusses Executives Being Held Individually Accountable For Data Breaches

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?

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?

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.

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

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.

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.

Sources informed the Wall Street Journal that a definitive MasterCard settlement could be announced as soon as this week.

Every so often a law that was passed years ago quietly becomes a present-day compliance reality. Section 24220 of the 2021 Infrastructure Investment and Jobs Act is one of those laws.