Did You Know There Is A Congressional Cyber Security Caucus?

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 Governor Newsom has signed Senate Bill 574 into law, establishing the nation's first statutory framework governing how attorneys and arbitrators use generative AI in their professional practice. The legislation creates specific obligations around confidentiality protection, accuracy verification, and disclosure requirements that take effect January 1, 2027.

Although being challenged by an injunction filed on August 20, 2026, by a coalition of 17 states, California’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act is now in effect, and companies that sell, distribute, import, or ship packaged products into California should be evaluating whether they have compliance obligations.

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?

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.

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.

Federal and state regulators are intensifying scrutiny of healthcare and digital health companies over tracking technologies that share sensitive patient data with advertising platforms. Recent enforcement actions against major telehealth providers and healthcare systems reveal how common marketing practices can trigger significant legal liability under privacy laws, even for organizations not covered by HIPAA.

Multiple organizations have recently disclosed significant data breaches affecting thousands of individuals, with compromised information ranging from basic contact details to highly sensitive medical records and financial data. The incidents span various sectors including healthcare, insurance, and professional services, raising questions about the scope of exposure and potential remedies for affected individuals.

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?

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.

Virginia's Cannabis Control Authority has released its initial draft of adult-use marijuana regulations, outlining application fees, license caps, and the approval process for the state's anticipated July 2027 launch of recreational cannabis sales. While the draft provides crucial details on licensing requirements and ownership restrictions, significant questions remain about the application timeline and evaluation criteria that will determine which entities receive coveted permits.

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.

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 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.

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 seventh edition of the Singapore International Centre's Arbitration Rules ("SIAC Rules 2025")1 came into effect on January 1, 2025, nine years after the last iteration.

Congress and the Administration are rapidly escalating scrutiny of China-linked biotechnology operations through new legislation targeting patents, investments, and procurement.

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