Privacy Law and Privacy Regulations

AI developers are seeking new sources of training data, including internal operational data like Slack messages, emails, and company documents. Companies are now receiving offers to sell their workplace data, but such transactions raise complex legal questions around data rights, privacy commitments, employee protections, and long-term competitive risks that require careful evaluation before proceeding.

California's S.B. 690 represents a significant bipartisan reform to the California Invasion of Privacy Act (CIPA), fundamentally altering the landscape for businesses facing privacy litigation. Governor Newsom's signature on September 30, 2026, removes the private right of action for violations involving pen registers and trap-and-trace devices, addressing what many viewed as abusive litigation tactics.

Wearable technology is converging with FDA-cleared women's health applications through strategic partnerships that bypass traditional acquisition models. The integration of Natural Cycles with WHOOP exemplifies how regulatory clearances, proprietary datasets, and distribution channels can be structured to create lasting value while preserving each company's core assets.

The Second Circuit Court of Appeals has ruled that U.S. border officials can conduct suspicionless searches of travelers' digital devices, rejecting prior district court decisions requiring warrants. This decision deepens a split among federal circuit courts regarding Fourth Amendment protections at the border, leaving open questions about forensic searches and creating varying privacy protections depending on where travelers enter the United States.

AI developers are seeking new sources of training data, including internal operational data like Slack messages, emails, and company documents. Companies are now receiving offers to sell their workplace data, but such transactions raise complex legal questions around data rights, privacy commitments, employee protections, and long-term competitive risks that require careful evaluation before proceeding.

Regulators and legislators have been keenly focused on personalized pricing for several years, and the degree of interest has increased significantly in recent weeks. For example, Seattle passed a law banning the use of personalized pricing in certain grocery sales, a key New York City official publicly advocated for adoption of a multi-industry proposal, and the Federal Trade Commission (FTC) Chairman previewed that more agency action is on the way.