Perkins Speaks On Privacy Issues In Using Contact-Tracing Apps

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.

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?

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.

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.

The Italian data protection authority fined IQVIA Solutions Italy €7 million for treating patient records as anonymous when they were actually pseudonymised personal data subject to GDPR. This decision demonstrates regulators' strict interpretation of what constitutes personal data, even as the EU considers narrowing this definition through the Digital Omnibus reforms.

Generative AI is transforming litigation defense by enabling in-house legal teams to manage costs and complexity more effectively across the entire case lifecycle. From early research and drafting through expert witness strategy and trial preparation, AI tools are helping defense teams work faster and more consistently. How are these technologies reshaping the way sophisticated counsel approaches multidistrict litigation, mass torts, and large-scale document management?

The Federal Communications Commission has proposed sweeping changes to its equipment authorization program that would reorganize security restrictions around where devices are manufactured rather than who makes them. These new measures could fundamentally reshape how communications equipment—from smartphones to data center hardware—enters the U.S. market, with significant implications for manufacturers relying on foreign production.

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.

Chinese authorities issued the first major update to criminal bribery laws in a decade, lowered thresholds for private-sector corruption crimes, and maintained aggressive enforcement against both bribe givers and receivers. Three senior officials faced prosecution in the first half of 2026, with investigations reaching back decades and emphasizing "family-style corruption" involving relatives who exploited officials' influence for personal gain.

Federal healthcare fraud enforcement leaders reveal a strategic shift at CMS and HHS-OIG, where administrative sanctions—including enrollment moratoria, revocations, and exclusions—now serve as the first line of defense against fraud, often preceding False Claims Act litigation. The panel discussion at AHLA's Fraud and Compliance Forum outlined how agencies are leveraging data analytics, financial crimes intelligence, and cross-program coordination to identify and shut down fraudulent providers

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.

A federal court in New York upheld a state law requiring social media platforms to disclose their content moderation policies, applying a deferential First Amendment standard. This decision directly conflicts with a Ninth Circuit ruling on California's similar statute, potentially setting the stage for Supreme Court review on whether such disclosure requirements constitute protected commercial speech or impermissible compelled expression.

The Federal Trade Commission has proposed a new enforcement policy targeting personalized pricing practices, signaling heightened scrutiny of businesses that use consumer data to set individualized prices. As states simultaneously advance their own surveillance pricing legislation—ranging from disclosure mandates to outright bans—companies face an increasingly complex regulatory landscape that demands...

US extradition proceedings are regulated by both treaty and US domestic legislation.