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ARTICLE · 07 MAY 2026

Genetic Data And Artificial Intelligence Training Following Acquisitions: Emerging Litigation Risk And A Rapidly Expanding State Regulatory Landscape

Crowell & Moring LLP
Crowell & Moring LLP
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Crowell & Moring LLP

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Several recent class actions filed against Tempus AI, Inc., a health care technology company that combines AI with molecular and clinical data to develop precision medicine services...

United StatesTechnology
Jason Johnson
Jason Johnson
Linda Malek
Linda Malek
Sarah Rippy
Sarah Rippy

What You Need to Know

  • Key takeaway #1

    Putative class actions are increasingly challenging the repurposing and commercialization of genetic data following acquisitions, particularly where AI training and downstream licensing are alleged.

  • Key takeaway #2

    The state genetic privacy landscape is expanding rapidly beyond the HIPAA baseline, with Illinois, South Dakota, Utah, California, and others advancing distinct frameworks with meaningful enforcement mechanisms.

  • Key takeaway #3

    De-identification is under active legal and scientific attack in the genetic data context and should not be relied upon as a standalone compliance strategy.

  • Key takeaway #4

    M&A diligence and integration planning should treat consent scope and state-law compliance as core deal considerations whenever a target holds genetic or genomic data assets that may be used by potential acquirors.

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