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  1. Services
  2. Privacy, Data Protection & Data Security

Insights on Privacy, Data Protection & Data Security

369 total results. Page 1 of 15.

Health Care Counsel Blog
Virginia Strengthens Privacy Protections for Reproductive and Sexual Health Information
May 21, 2025
Gayland O. Hethcoat II, Michelle R. Bowling, Natalie Tantisirirat

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.

Privacy Counsel
23andMe and the Role of Privacy in Bankruptcy Law
May 21, 2025
D. Reed Freeman Jr., Carolyn Indelicato

There is nothing more inherently unique and personal to an individual than his or her DNA. Unlike many other types of personal information, a person’s DNA is immutable. It can be the key to unlocking extremely sensitive information, such as predisposition to certain health conditions. Unfortunately, as with all other types of personal information, it can be acquired without authorization — breached.

Customs Newsletter Featured Web Banner
Customs & Import Compliance Blog
As the (Customs and Trade) World Turns: May 2025
May 15, 2025
Angela M. Santos, Antonio J. Rivera, John Gurley, D. Reed Freeman Jr., Diana Dimitriuc Quaia, James Kim*, Lucas A. Rock, Mario A. Torrico, Maya S. Cohen, Tyler J. Kimberly, Andrew McArthur, Joy Marie Virga

Welcome to the May 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Events
Update on the FTC’s Privacy Program: Recent Developments and Changes Under New Republican Control
May 1, 2025
D. Reed Freeman Jr., Michelle R. Bowling

Join Reed Freeman and Michelle Bowling as they present at the Privacy + Security Forum, Spring Academy on May 8, 2025.

Alerts
Navigating the DOJ’s New Data Transfer Rule: Implications and Compliance Requirements
April 29, 2025
D. Reed Freeman Jr., Maya S. Cohen, Natalie Tantisirirat

On January 8, the US Department of Justice (DOJ) issued a final rule under Executive Order 14117, which established the Rule Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons (the Rule).

Consumer Products Watch
Top Legal Challenges for the Consumer Products Industry in 2025
March 10, 2025
Lynn R. Fiorentino, Katia Asche, Matthew R. Mills, Andrea M. Gumushian, Dan Jasnow, Susanne Boniadi, Thorne Maginnis

With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year.

Health Care Counsel Blog
Top Legal Challenges for the Health Care Industry in 2025
February 20, 2025
David S. Greenberg, Douglas A. Grimm, Annie Chang Lee, Michele L. Gipp, Anne M. Murphy, Stephanie Trunk, Hillary M. Stemple, Gayland O. Hethcoat II, D. Jacques Smith, Daniel J. McQueen, Jeffrey B. Tate , Brian D. Schneider, Moyosore O. Koya, William R. Mitchell, Rebekkah R.N. Stoeckler, Pascal Naples

With 2025 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year.

Fashion Counsel
The Top 10 Legal Issues for CFOs and GCs of Fashion and Retail Companies
February 19, 2025
Anthony V. Lupo, R. Erica Roque, Angela M. Santos, George P. Angelich, Michelle R. Bowling, Adam D. Bowser, Emily P. Caylor, Lynn R. Fiorentino, Alex Garel-Frantzen, Wesley T. Gee, Shoshana Golden, Dan Jasnow, Emily Cowley Leongini, Emily B. Lewis, Thorne Maginnis, Michelle Mancino Marsh, Matthew R. Mills, Berin S. Romagnolo, Michael L. Stevens, Jeffrey B. Weston

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas such as trade, tariffs, and immigration, which will profoundly affect global supply chains and labor dynamics.

Privacy Counsel
Nebraska Introduces First-of-its-Kind Privacy Bill Aimed at Protecting Agricultural Data
February 14, 2025
D. Reed Freeman Jr., Karen Ellis Carr, Andrea M. Gumushian

On January 22, Nebraska state Senator Mike Jacobson (R), at the request of Governor Jim Pillen (R), introduced the Agriculture Data Privacy Act (LB525). This is a first-of-its kind privacy bill that would specifically regulate agricultural-sector data.

Health Care Counsel Blog
Proposed Changes to the HIPAA Security Rule: What Regulated Entities Need to Know
February 7, 2025
Douglas A. Grimm, Gayland O. Hethcoat II

In the final days of the Biden Administration, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) to modify the Security Rule under the Health Insurance Portability and Accountability Act (HIPAA). The NPRM proposes sweeping changes that impact how health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) implement, document, and maintain safeguards for electronic protected health information (ePHI). OCR is accepting public comments on the NPRM through March 7.

AI Law Blog
AI Legal Landscape: Top Challenges and Strategies in 2025
February 5, 2025
Dan Jasnow, Matthew Berlin, Michael Fainberg, Michael Scarpati, Ph.D., D. Reed Freeman Jr., Andrea M. Gumushian, Michelle R. Bowling, Natasha Weis, Andrew McArthur

As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape.

AI Law Blog
FTC to Hold Hearing on Impersonation Rule Amendment
January 15, 2025
Pamela M. Deese, Alexis Mozeleski

The Federal Trade Commission (FTC) will hold an informal hearing at 1:00pm EST on January 17, regarding the proposed amendment to its existing impersonation rule.

Privacy Counsel
Are You Ready for 2025? New State Privacy Laws to Take Effect Beginning on January 1
December 23, 2024
D. Reed Freeman Jr., Michelle R. Bowling, Andrea M. Gumushian

2025 is set to be another important year for US state privacy laws, with five new laws effective in January and three more coming into effect through October. New laws in Delaware, Iowa, Nebraska, and New Hampshire will go into effect on January 1, 2025, while New Jersey’s law will follow on January 15, 2025. Below, we detail these laws effective in January. Make sure to check back here in 2025 for more information on the laws effective in July and October.

Events
Data Privacy and Cybersecurity 2024-2025: Hot Topics and Trends
December 17, 2024
Matthew F. Prewitt, Michelle R. Bowling

Partner Matthew F. Prewitt and Associate Michelle R. Bowling will present at the National Business Institute’s (NBI) Data Privacy and Cybersecurity 2024-2025: Hot Topics and Trends course on December 17.

Alerts
California and Colorado Establish Protections for Neural Data
October 11, 2024
Michelle R. Bowling, Dan Jasnow, D. Reed Freeman Jr.

When one hears the term “neural data,” a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts.

AI Law Blog
California Governor Signs 18 AI Bills Into Law
October 1, 2024
Dan Jasnow

On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States.

Health Care Counsel Blog
Federal Court Scales Back HIPAA Online Tracking Technology Guidance
August 21, 2024
Gayland O. Hethcoat II, Moyosore O. Koya

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act (HIPAA).

Press Release
More Than 130 ArentFox Schiff Attorneys Recognized by Best Lawyers in 2025
August 16, 2024

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

News
Taking a Byte From the Regulatory Apple: States Introduce AI Regulations, Creating Conflict Risks With Future Federal Law
August 1, 2024
Michelle A. Cooke, Eric Sanchez

Presently, there is no overarching federal law or regulatory scheme specific to the unique challenges of AI. This places AI regulation on track to follow the same path as privacy/data collection—with the states, the courts, the industry itself, and other jurisdictions trying to fill the void.

Privacy Counsel
New State Privacy Laws Take Effect Beginning on July 1
June 28, 2024
D. Reed Freeman Jr., Michelle R. Bowling, Andrea M. Gumushian

In the absence of a federal privacy bill, nearly 20 states have passed comprehensive privacy laws. On July 1, three of these states — Florida, Oregon, and Texas — have new laws going into effect, with Montana’s effective in October.

Alerts
Newly Proposed Rule Expanding Cyber Incident Reporting to Affect Financial Services Companies
June 27, 2024
Jon K. Jurva, D. Reed Freeman Jr., Matthew W. Kulju

Recently, the US Department of Homeland Security’s (DHS) Cybersecurity & Infrastructure Security Agency (CISA) issued a notice of proposed rulemaking (NPRM) which, if adopted, would require “covered entities” of critical infrastructure to report “substantial cyber incidents” to CISA within 72 hours, and to report ransomware payments within 24 hours.

Alerts
Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack
June 18, 2024
Gayland O. Hethcoat II

Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the cyberattack in February.

Alerts
Criminalizing the Internet – Websites as ‘Trap and Trace Devices’ Under CIPA
June 6, 2024
Adam D. Bowser, Andrea M. Gumushian, Michelle R. Bowling, Brooke M. Delaney

Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet.

AI Law Blog
Continuing Forward: Senate Leaders Release an AI Policy Roadmap
May 17, 2024
Anthony V. Lupo, Dan Jasnow, D. Reed Freeman Jr., Dan H. Renberg, Eric Sanchez, Oliver Spurgeon III*

The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade.

AI Law Blog
Taking a Byte from the Regulatory Apple: States are Introducing Their Own AI Regulations
May 9, 2024
Michelle A. Cooke, Eric Sanchez

As the federal government grapples with the complexities of comprehensive artificial intelligence (AI) regulation and competing agendas, several US states are taking matters into their own hands by computing their own solutions to the challenges posed by the rapid advancement of AI.

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