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Articles by C. Jade Davis
California Closes 2026 Legislative Session With Sweeping New Priv
Governor Newsom signs 22 of 25 major privacy and artificial intelligence (AI) bills, reshaping obligations for businesses, employers, technology companies, health care providers, data brokers, and organizations serving children. California has closed its 2026 legislative session with another major expansion of its privacy and AI framework. By the September 30th deadline, Governor Gavin Newsom signed 22 of the 25 major privacy and AI bills sent to him and vetoed three.
DOJ's $2 Million Honeywell Settlement Reinforces Cybersecurity as a False Claims Act Risk | JD Supra
For government contractors, cybersecurity compliance is no longer solely an information-security issue. Increasingly, it is also a question of contractual accuracy, corporate governance, and potential False Claims Act liability. The U.S. Department of Justice (DOJ) announced on September 1, 2026, that Honeywell Aerospace Inc. agreed to pay $2,042,518 to resolve allegations that a business unit failed to comply with cybersecurity requirements applicable to a Department of Defense (DoD) contract.
Meta’s $18 Billion Settlement: Implications for Law, Technology, and the Future of Child Safety Online
On August 26, 2026, a federal courtroom in Oakland, California became the site of what many legal scholars and technology policy experts are already calling the most consequential technology industry settlement in American history.
Client Alert: California SB 690: What It Does—and Does Not—Mean for Pending CIPA Website-Tracking Claims
On August 31, 2026, the California Legislature passed SB 690, a bill that would narrow the private right of action available under the California Invasion of Privacy Act (CIPA) for certain website-tracking claims. The bill now awaits Governor Newsom's signature. While SB 690 is a significant development for businesses facing CIPA litigation related to website analytics and tracking technologies, it is not the sweeping shield that some early commentary has suggested.
When AI Enters the Group Chat: Protecting Privileged and Confidential Communications in the Age of AI-Connected Messaging
AI tools can now access encrypted messaging platforms like iMessage, creating confidentiality, privilege, and discovery risks that encryption alone does not address. Businesses should not wait for a privilege dispute or regulatory inquiry to evaluate which AI applications can access sensitive communications, under what terms, and with what controls.
Client Alert: When an AI Agent Visits a Website, Who Is Really Doing the Accessing? The Ninth Circuit Draws an Early Line Under the CFAA
The Ninth Circuit's decision in Amazon.com Services, LLC v. Perplexity AI, Inc. offers one of the first federal appellate examinations of how traditional computer-access laws apply to agentic artificial intelligence (AI) and provides important guidance for businesses deploying AI agents and the platforms those agents access.
Client Alert: American Medical Association's New AI Billing Codes Draw Nursing Opposition and Raise Broader Questions about AI Reimbursement, Liability, and Compliance | JD Supra
The American Medical Association (AMA) introduced a proposed billing framework called "clinically meaningful algorithmic analyses," or CMAA. The framework would allow health care facilities to seek reimbursement for AI-driven clinical outputs that algorithms generate without physician involvement at the point of care. Nursing organizations and professional advocacy groups strongly oppose the proposal.
Who Owns the Compliance Failure? Bank-Fintech Liability Allocation in Banking-as-a-Service (BaaS) Programs
After Years of Enforcement Actions and the Synapse Collapse, the Contract is the Last Line of Defense I. The Enforcement Pattern: Regulators Are Holding Banks Accountable Between 2022 and 2025, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and Federal Reserve issued consent orders against seven sponsor banks operating Banking-as-a-Service (BaaS) programs.
Illinois Raises the Bar for Frontier AI Governance- Client Alert
On July 6, 2026, Governor JB Pritzker signed Senate Bill 315, the Artificial Intelligence Safety Measures Act (the "Act"), into law. Illinois is now the third U.S. state, after California and New York, to impose comprehensive safety and transparency requirements on developers of the most powerful AI systems. The Act's obligations fall on a narrow set of very large AI developers, not ordinary business users.
FTC and States Sue Hims & Hers Over Deceptive Health Data Sharing and Subscription Billing Practices
On July 29, 2026, the Federal Trade Commission (FTC), joined by co-plaintiffs the State of Utah and the County of Los Angeles (acting through the Los Angeles County Counsel on behalf of the People of the State of California), filed a federal complaint in the Northern District of California against Hims & Hers Health, Inc. (FTC et al. v. Hims & Hers Health, Inc.).
Client Alert: EU AI Act: Council Gives Final Green Light to the Digital Omnibus on AI
On June 29, the Council of the European Union (EU) formally adopted the amendments to the EU AI Act as part of the Digital Omnibus on AI simplification package, following the European Parliament’s endorsement on June 16. The legislative act will be published in the Official Journal of the European Union shortly and will enter into force three days after publication.
Client Alert: AI Copyright Showdown: Can Hollywood Challenge AI While Using It? | JD Supra
The battle between Hollywood and generative artificial intelligence (AI) took an important procedural turn this month in one of the most closely watched AI copyright cases pending in the United States. While some headlines suggested that Disney and Universal were broadly ordered to disclose their own internal AI use, the actual discovery ruling is more nuanced.
Client Alert: U.S. Supreme Court Decision Prompts New Questions About EU-U.S. Data Transfers
EU-U.S. Data Transfers Remain in Effect Despite New Legal Questions On June 29, 2026, the U.S. Supreme Court issued its decision in Trump v. Slaughter, a constitutional separation-of-powers case that has quickly generated discussion well beyond administrative law.
Client Alert: Why Your Next "Urgent Call from the CEO" Might Be Synthetic and What to Do About It
In past years, wire fraud schemes relied on spoofed emails and compromised inboxes. Today, attackers are skipping the inbox entirely. Using generative AI, they can clone a voice, mimic tone and cadence, and place a call that sounds convincingly like your CEO, CFO, or trusted vendor. This is no longer theoretical.
Client Alert: Anthropic's Call for a Global AI Pause: What Businesses Need to Know About the Governance Landscape
On June 4, 2026, Anthropic published “When AI builds itself,” proposing a globally coordinated pause or slowdown on frontier artificial intelligence (AI) development. The report argues that AI systems are accelerating their own development at a pace that may outstrip existing safety and governance frameworks. For organizations navigating AI procurement, deployment, and compliance, the proposal signals a potential shift in the regulatory and risk environment.
Client Alert: Texas v. Meta and WhatsApp: A New Front in the Battle Over Encryption, Privacy Marketing, and Consumer Protection
On May 21, 2026, the Texas Attorney General filed suit against Meta Platforms, Inc. (Meta) and WhatsApp, LLC (WhatsApp) in the 71st Judicial District Court of Harrison County. The complaint, brought under the Texas Deceptive Trade Practices, Consumer Protection Act (DTPA), Tex. Bus. & Com. Code Ann.
How the Federal Wiretap Act Became a Weapon Against Privacy Policy Missteps — And What Companies Should Do About It
The Stakes at a Glance A landmark federal court ruling in August 2025 established a new pathway for class action plaintiffs to leverage alleged misstatements and inaccuracies in corporate privacy policies as the foundation for federal wiretapping claims under the Electronic Communications Privacy Act (ECPA), also known as the Wiretap Act. This development marks a significant escalation in the tracking technology litigation wave.
What Business Leaders Need to Know About Cybersecurity Certification and Enforcement in 2025–2026 -
The Department of Defense has fundamentally reshaped the cybersecurity landscape for federal contractors. With the Cybersecurity Maturity Model Certification (CMMC) program now embedded in contract clauses effective November 10, 2025, and False Claims Act enforcement tripling in a single fiscal year, cybersecurity is no longer a technical concern delegated to IT departments. It is a business eligibility requirement with direct implications for revenue, contract awards, and legal exposure.
Client Alert: Human Resources at the Intersection of Data and Digital Risk – What Every Executive Needs to Know
The landscape of human resources (HR) data management has fundamentally shifted. Data no longer lives in a locked filing cabinet, IT no longer handles cybersecurity alone, and artificial intelligence (AI) is no longer science fiction. HR departments today sit at the center of a decentralized cloud ecosystem, serving as active defenders of what should be considered the corporate crown jewels: employee data.
Client Alert: Instructure Data Breach: What Business Leaders Need to Know
On April 30, 2026, Instructure—the company behind Canvas, the leading learning management system in North America—disclosed a major cybersecurity incident. Canvas supports roughly 41percent of higher education institutions on the continent and thousands of K–12 districts, making this one of the most consequential breaches that has ever impacted the education sector.
Delaware Supreme Court Expands Cyber Liability Exposure for SaaS & Managed Service Providers
What the Blackbaud decision means for managed service providers (MSPs) and the clients who rely on them A recent decision by the Delaware Supreme Court in Travelers Casualty and Surety Company of America v. Blackbaud, Inc.
The Patchwork of Data Privacy Laws: Recent Developments and Implications | JD Supra
The data privacy landscape in the United States continues to evolve at a rapid pace, but state-to-state changes are seldom uniform. For businesses operating across multiple jurisdictions, the challenge of maintaining compliance is increasingly complex and requires ongoing monitoring of regulatory developments.
"Preserving Privilege in Cyber Incident Response: What Recent Cases Teach and How to Structure Investigations from Day One" | JD Supra
Counsel and incident responders know the first 72 hours of a cyber incident are unforgiving. In the rush to triage, remediate, and notify, organizations can lose sight of a critical objective: preserving attorney-client privilege and work-product protection over core elements of the investigation. That oversight can be costly.
Digital Risk Report, December 2025 | JD Supra
CNIL Fines Condé Nast €750,000 for Cookie Consent Failures On November 20, 2025, the French data protection authority (CNIL) fined LES PUBLICATIONS CONDÉ NAST €750,000 for violations of Article 82 of the French Data Protection Act, which implements the EU ePrivacy cookie consent rules. The enforcement action followed repeated complaints (filed by noyb) and multiple prior investigations into the vanityfair.fr website, which received over six million French visitors in a four-month period.
Client Alert: White House Executive Order Establishes National Artificial Intelligence Policy Framework | JD Supra
On December 11, 2025, the White House issued an executive order calling for a federal policy framework for the regulation of artificial intelligence (AI), aimed at promoting U.S. leadership and innovation in the sector (the "Order"). The Order calls for the development of "a minimally burdensome national" approach to AI development and regulation and seeks to preempt any conflicting state laws.
"Florida Targets AI Risks: Consumer Rights and Infrastructure Accountability" | JD Supra
Florida Governor Ron DeSantis has unveiled an ambitious proposal to establish an Artificial Intelligence Bill of Rights and to curb public subsidization of hyperscale AI data centers. Against the backdrop of a national debate over federal preemption and state authority in AI governance, the proposal signals Florida's intent to stake out a more prescriptive legislative posture on AI uses, privacy safeguards, and data infrastructure.
EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction - Summer 2021, Vol. 22, No. 4 | Shumaker, Loop & Kendrick, LLP - JDSupra
Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that clients routinely forecast risks and make business decisions with limited but sufficient information, and their counsel should be able to provide them with that same level of information at the very early stages of a dispute.
Client Alert: Amendments to Fair Debt Collection Practices Act and Fair Credit Reporting Act Likely with Proposed New Bill | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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