California Update

A federal court in California dismissed all nine claims in a privacy class action against Adobe, ruling that plaintiffs cannot establish lack of consent by merely asserting they never gave it. The decision establishes critical pleading standards for consent in tracking device cases, requiring plaintiffs to allege specific facts about what they saw on websites and why disclosures failed, rather than simply denying consent occurred.

Sheri Thome (Partner-Las Vegas, NV) authored “Emerging Challenges in Supervision in Every Law Office,” appearing in the September 1, 2026, edition of Nevada Lawyer Magazine. The article examines how Nevada attorneys’ supervisory obligations under Rules 5.1, 5.2, and 5.3 apply to increasingly technology-driven and decentralized legal practices.

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 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.

California Senate Bill 690 has passed, amending the California Invasion of Privacy Act by eliminating the private right of action for Section 638.51 claims. Kristine Argentine and Paul Yovanic Jr. discuss the implications of this legislative change and what businesses should expect when the amendment takes effect on January 1, 2027.

A recent Seventh Circuit decision is a reminder of BIPA’s financial institution GLBA exceptions. In that case, the court held that a vendor to GLBA-regulated entities was exempt from Illinois’ biometric law.

California's Legislature has unanimously passed SB 690, a landmark reform that could eliminate thousands of pending class action lawsuits based on website tracking technologies under the California Invasion of Privacy Act. The bill removes the private right of action for pen register claims arising from routine web analytics tools, potentially reshaping the data privacy litigation landscape while companion bills simultaneously expand substantive privacy obligations.

Delaware Governor Matt Meyer has signed H.B. 380, dramatically expanding the Delaware Personal Data Privacy Act to include stringent third-party contracting requirements, broader sensitive data protections, and lower jurisdictional thresholds. The amendments introduce California-style due diligence obligations for data disclosures, expand sensitive data categories to include neural data and financial information, and impose new profiling requirements that extend even to employment contexts. These changes po

California's Senate Bill 690 represents a pivotal legislative response to the explosion of website-tracking lawsuits under the California Invasion of Privacy Act, specifically targeting claims brought under the pen-register provision that have generated thousands of cases since 2022. While the bill would eliminate private plaintiffs' ability to pursue these particular claims involving digital tracking technologies, it leaves other CIPA provisions intact and raises questions about how the litigation landscap

New York Attorney General Letitia James has released final rules for the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. The law was signed in 2024, but the effective date was triggered by the release of these rules.

Canada's Prime Minister Mark Carney has unveiled the "Productivity Mega Deduction," a permanent tax measure providing immediate 100% write-offs for approximately 65% of business assets, positioning Canada's marginal effective tax rate on new business investment at 6.4% - the lowest among major economies. Alongside this initiative, the Canada Revenue Agency will now prioritize advance income tax rulings for investments exceeding $1 billion, aiming to deliver decisions within 90 business days to accelerate ma

The FDA is seeking stakeholder input on a regulatory framework for generative AI-enabled medical devices, while advancing major user fee program reauthorizations that introduce domestic manufacturing incentives and strengthen collaboration with the SEC on disclosure requirements. Recent court decisions and new IVD authorizations are reshaping the landscape for drug compounding and diagnostic testing markets.

In our last post, we covered why building a trade secret management program matters more than blanket confidentiality designations. This post is about what a trade secret program makes possible when someone walks out the door, and why companies without one may be left with employment agreements that cannot do that job alone.

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.

An Executive Order directs the Attorney General to prioritize enforcement of federal criminal laws against AI-enabled cyberattacks, particularly focusing on identification fraud and authentication violations. Legal experts analyze how Section 1028's broad definitions of identification documents and authentication features provide powerful prosecutorial tools against autonomous AI threats, while examining implications for public-private cybersecurity partnerships.

Explore the latest developments in sustainable energy and infrastructure, from project financing insights and critical minerals policy to AI-driven power demand and emerging opportunities across renewable energy. This comprehensive update examines how investors, developers, and policymakers are navigating the evolving landscape of energy infrastructure and climate technology.

New York has enacted a new law that will provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, adds new Section 210-b to the New York Labor Law and will take effect on November 8, 2026.

FemTech's evolution into credible medical technology converges with the rural maternal health crisis, creating opportunities for companies that can navigate federal policy, reimbursement pathways, and infrastructure challenges.

Patent prosecutors often overlook manufacturing method claims due to enforcement challenges, but these patents can provide strategic advantages under 35 U.S.C. § 271(g). A growing split among district courts regarding downstream liability for sellers and users of products made by patented processes creates both uncertainty and opportunity for patent owners seeking to expand protection beyond traditional composition claims.

The Department of the Treasury and IRS have proposed regulations that would eliminate tax-exempt status for private schools maintaining race-based policies in admissions, scholarships, or programs—regardless of remedial or diversity objectives. The rule would affect approximately 18,000 tax-exempt schools, 750,000 students, and outstanding tax-exempt bonds, fundamentally reshaping how educational institutions approach diversity initiatives and donor-restricted scholarships.