Insights on Privacy & Data Security

Privacy & Data Security Practice Group Leader D. Reed Freeman and Agriculture & AgTech Industry Group Leader Karen Carr will lead a webinar hosted by the National Agricultural Law Center on October 21, 2026.

Privacy and Data Security Practice Group Leader, Reed Freeman, will join Daniel J. Solove, Bernard Professor of Intellectual Property and Technology Law at The George Washington University Law School, for a live discussion, The FTC on Privacy and AI, on September 8, 2026.

ArentFox Schiff is pleased to announce that 125 attorneys have been recognized by The Best Lawyers in America 2027, with two attorneys highlighted as “Lawyers of the Year” and 36 attorneys listed as “Ones to Watch.”

At the midpoint of 2026, the agriculture industry is navigating a complex and ever-changing legal landscape shaped by the evolution of artificial intelligence (AI), trade and capital-market uncertainty, regulatory reform, and other policy issues.

The 2026 legislative cycle reveals that state privacy law is diverging along partisan lines. Red-state legislatures are pursuing frameworks that retain the Virginia architecture while easing compliance burdens through broader exemptions, narrower sale definitions, permanent cure periods, and fewer assessment requirements. Blue states are moving in the opposite direction, expanding sensitive-data categories, imposing new technology-specific obligations, and broadening applicability.

ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.

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.