Insights on Privacy & Data Security

Until recently, no state or federal law specifically governed ownership or rights in agricultural and livestock data. If ownership allocations were addressed at all, it was by contract.

Last year, we reported that Nebraska senators introduced the Agriculture Data Privacy Act (LB525), a first-of-its-kind privacy bill specifically aimed at regulating agricultural-sector data.

ArentFox Schiff is pleased to announce that Privacy & Data Security Practice Group Leader D. Reed Freeman Jr. was named a Distinguished Adviser in Financier Worldwide’s Power Players 2026: Cyber Security & Data Privacy North America.

Privacy & Data Security Practice Group Leader Reed Freeman and Senior Associate Michelle Bowling will lead a session titled FTC Privacy Enforcement in 2026 and Beyond at the Privacy + Security Forum’s Spring Academy on May 8, 2026.

Data centers have a global reach, but their development is increasingly shaped by local land use decisions, public opinion, and evolving legislative frameworks. Across the country, state and local governments are introducing moratoria, revising zoning codes, and responding to community concerns in ways that directly affect project timelines and siting strategies.

In recent months, states across the country have shifted their approach to data center regulation. More than 300 data center-related bills have been introduced in 30 states’ legislatures in the first six weeks of 2026 alone, marking a decisive pivot from incentive-focused policies toward regulatory oversight as the energy demands of hyperscale facilities become clearer.

Last week, a unanimous Seventh Circuit panel concluded that the Illinois General Assembly’s recent change to the calculation of statutory damages under Illinois’ Biometric Information Privacy Act (BIPA) applies retroactively to cases that were filed before the legislature’s amendment took effect. The decision significantly reduces exposure for companies facing BIPA cases.

The Federal Trade Commission’s (FTC) recent case against OkCupid and Match Group Americas is a classic FTC Section 5 deception action focused on false and misleading privacy promises about third-party data sharing, with the notable distinction that the third-party recipient was an artificial intelligence (AI) company.

Forget science fiction — the race to wire computers directly into the human brain is well underway, and it is moving fast.

In 2025 alone there were over 1,000 lawsuits filed alleging violations of the California Invasion of Privacy Act (CIPA). Plaintiffs typically allege that third-party cookies, pixels, or other tracking mechanisms violate various aspects of CIPA as either wiretapping or trap and trace devices.

Last week, with the backing of CalPrivacy, California Assemblymember Pilar Schiavo introduced bill AB2021 (The Whistleblower Protection and Privacy Act), which would make California the first jurisdiction in the United States to create a whistleblower incentive and protection program specifically tailored to privacy law violations.

ArentFox Schiff is pleased to announce that five practice areas and 12 attorneys were recognized by Chambers Global 2026, including in the guide’s newly minted Global Market Leaders category.

Join ArentFox Schiff Privacy & Data Security Practice Group Leader Reed Freeman and Bird & Bird Privacy, Data & AI Law Partner Vincent Rezzouk-Hammachi as they discuss how AI is reshaping business operations, and unprecedented privacy challenges.

The longevity ecosystem sits at the crossroads of health care, life sciences, consumer wellness, artificial intelligence (AI), and other emerging technologies.

ArentFox Schiff is pleased to announce the launch of its Longevity & Healthspan Industry Group, a cross-sector initiative supporting the rapidly expanding ecosystem of companies advancing anti-aging innovation, wellness, and preventive health.

2025 was one of the most active years in recent memory for US state-level privacy enforcement. California and Texas led the way, and we anticipate Colorado, Connecticut, Maryland, Minnesota, Oregon, and New Jersey to emerge as active enforcers in 2026.

With 2026 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year.

The US state-level privacy law landscape continues to evolve at a very rapid rate. On January 1, 2026, new state privacy laws take effect in Indiana, Kentucky, and Rhode Island. Cure periods sunset throughout the year for state privacy laws in Connecticut, Delaware, Kentucky, Minnesota, and Montana, with additional large language model (LLM) disclosure changes also effective this summer.

Privacy & Data Security Co-Chair Reed Freeman and Associate Michelle Bowling will lead a session titled “Update on the FTC’s Privacy Program Under Trump/Ferguson” on November 12, 2025.

Partner D. Reed Freeman was quoted on how the massive amount of data artificial intelligence (AI) models need is potentially undermining one of privacy advocates’ key goals: data minimization.

Federal enforcement of information blocking rules has entered a new era.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

The state legislatures remain extremely active on privacy legislation this year. One new state comprehensive privacy law took effect on July 1, one takes effect July 31, and a third will take effect on October 1.

ArentFox Schiff is pleased to announce that 69 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

On July 1, the Virginia Consumer Protection Act (VCPA), as amended by Senate Bill (SB) 754, will provide additional privacy protections for reproductive and sexual health information. The legislation expands the VCPA to expressly prohibit the unauthorized collection and use of this category of information. Businesses that violate the law may be sued by affected Virginia consumers.