United States: Data Protection

Delaware recently updated its personal data privacy law with House Bill 380. The amendments go into effect January 1, 2027. Key modifications to the existing Delaware privacy law include the following...

California Senate Bill 690 eliminates private lawsuits under Penal Code § 638.51 for alleged pen register violations involving website tracking technologies, while leaving other privacy claims intact. The legislation addresses aggressive litigation tactics but does not create broad exemptions for commercial website activity or amend California's wiretapping provisions. Businesses must understand both the relief provided and the significant limitations of this narrow reform.

The Perfect Law Class Action Conference at NYU brought together practitioners and academics from Europe, Canada, and the United States to debate cutting-edge issues in class action litigation, with particular focus on privacy violations, securities fraud, and the transformative impact of artificial intelligence. The conference explored how Article III standing requirements are shaping privacy class actions, with detailed analysis of recent cases demonstrating the critical importance of pleading specific, se

Dechert's Cyber Bits newsletter delivers biweekly updates on key developments in cybersecurity, privacy, and AI law. This issue covers FTC policy changes, European digital regulation, California's new online safety laws for minors, and emerging enforcement trends in cybersecurity compliance.

A California federal court dismissed claims under the Federal Wiretap Act and California Invasion of Privacy Act, ruling that plaintiffs failed to establish Article III standing when they could not prove their personal information was actually intercepted by third-party tracking technology on a retail website. The decision highlights the evidentiary burden plaintiffs must meet when alleging privacy violations through website tracking pixels and similar technologies.

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

Governor Gavin Newsom signed Senate Bill 690 on September 30, 2026, eliminating the private right of action under California's Invasion of Privacy Act (CIPA) for pen register and trap-and-trace violations. While the law takes effect January 1, 2027, and applies retroactively for two years, its narrow scope is not expected to significantly reduce abusive CIPA litigation.

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.

AI-enabled threats are rapidly outpacing traditional cybersecurity defenses, creating increasingly sophisticated risks to organizational data and systems. This podcast explores how artificial intelligence is being weaponized by bad actors faster than defensive measures can adapt, with recent incidents at major AI labs demonstrating that even the most advanced companies are struggling to contain AI agents within intended environments. Legal experts discuss practical strategies for protecting sensitive data t