Learning From Litigation: Website And Privacy Compliance Amidst An Active Plaintiffs' Bar - Webinar Series

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.

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.

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.

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?

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.

On 30 September 2026, the SEC proposed rule amendments advancing Chairman Paul S. Atkins’ “responsible retailization” of private markets, expanding retail access to private-market strategies while adding key investor safeguards.

The Federal Trade Commission has issued a proposed enforcement policy statement targeting businesses that use consumer personal data to set individualized prices. While acknowledging it cannot prohibit all personalized pricing, the FTC warns that companies may violate federal law if they fail to clearly disclose their use of personal data in pricing decisions.

Texas Senate Bill 140 (SB 140) took effect 1 September 2025, and applies to conduct occurring on or after that date. The bill amended Section 302 of the Texas Business and Commerce Code to extend registration and disclosure requirements to text messages by expanding the definition of “Telephone solicitation,” which previously applied only to a “telephone call,” to include certain transmissions of text or graphic messages and images. In addition, SB 140 added a definition of “Telephone call” that incorporates the definition found in Section 304, which includes certain text or graphic messages and images, but excludes certain agreed-to transmissions.

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.

The European Commission has issued guidelines on transparency obligations under Article 50 of the EU AI Act, clarifying how providers and deployers must inform individuals when they interact with AI systems or are exposed to AI-generated content. These non-binding guidelines address a wide range of AI applications, from chatbots to deepfake technologies, and establish four main transparency scenarios with specific disclosure requirements that businesses must now prepare to implement.

Venezuela's post-Maduro reopening is creating unprecedented opportunities for foreign investors across energy, mining, telecommunications, and infrastructure sectors. With expanding OFAC sanctions relief, landmark legislative reforms, and major US companies nearing multibillion-dollar deals, the country presents investment prospects not seen in a generation—though success requires disciplined navigation of corruption, security, and regulatory risks.

The European Union's new Consumer Rights Directive amendment introduces a mandatory "withdrawal button" for online merchants, fundamentally changing how consumers exercise their 14-day right of withdrawal from distance contracts. This requirement, effective June 19, 2026, applies to any trader—including US-based companies—actively selling to EU consumers, creating new compliance obligations around button placement, design standards, data collection, and confirmation processes. Understanding whic

The Council of the European Union adopted a regulation on the reduction of methane emissions in the energy sector (Regulation).

The United States and Saudi Arabia have signed a landmark nuclear cooperation agreement under Section 123 of the Atomic Energy Act, establishing the legal framework for decades of civilian nuclear partnership. This agreement resolves years of debate over nonproliferation conditions and positions US companies to participate in Saudi Arabia's ambitious civil nuclear program. The deal carries significant implications for US engagement in the Middle East, international nuclear commerce, and the global competiti

China's stock exchanges have implemented three major trading rule changes effective July 6, 2026, designed to enhance market quality and align practices with international standards. The reforms expand after-hours trading, modify public fund pricing mechanisms, and adjust price limits for risk-warning stocks. How will these structural changes impact institutional investors, ETF efficiency, and overall market participation in China's evolving capital markets?