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Articles by Carson Martinez
Federal Court Greenlights Use of the DOJ Bulk Sensitive Data Regulations to Advance Federal Wiretap Claims
Private plaintiffs are successfully using the U.S. Department of Justice (DOJ) Bulk Sensitive Data Regulations (the “Regulations”) to advance federal wiretap claims. In a first-of-its-kind ruling, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss based on an alleged violation of the Regulations (see background on the Regulations). The decision in Baker v. Index Exchange, Inc.
MoFo Minute: FTC Issues Statement on Age Verification Methods as COPPA Rule Compliance Deadline Approaches
Keep up with the latest legal and industry insights, news, and events from MoFo This is a MoFo Privacy Minute, where we answer client questions in 60 seconds or less. Question: With the compliance deadline for the Children’s Online Privacy Protection Act (COPPA) Rule amendments approaching (April 22, 2026), what do businesses need to know about recent Federal Trade Commission (FTC) guidance on age verification and how will it impact their compliance obligations under COPPA?
Emerging Trends as Neural Data Legislation Gains Momentum Across the States
Legislative sessions are underway, and neural data privacy remains top of mind for lawmakers across the country. As was the case last year (see our prior client alert), states continue to focus on how to regulate neural data and what exactly they are trying to regulate, and we are starting to see a few models take shape. What is notable in early 2026 is not only the volume of proposals, but also the range of regulatory strategies through which they are advancing.
Emerging Trends as Neural Data Legislation Gains Momentum Across the States
Legislative sessions are underway, and neural data privacy remains top of mind for lawmakers across the country. As was the case last year (see our prior client alert), states continue to focus on how to regulate neural data and what exactly they are trying to regulate, and we are starting to see a few models take shape. What is notable in early 2026 is not only the volume of proposals, but also the range of regulatory strategies through which they are advancing.
NYHIPA Returns in 2026: Revised Bill Reshapes New York’s Consumer Health Information Proposal
After an unexpected, late-session veto, the effort to strengthen protections for consumer health information is back on the table in New York. Background and Legislative Context The New York Health Information Privacy Act (NYHIPA) (S929) was passed by the New York State Assembly and Senate in January 2025 but vetoed by Governor Hochul in December 2025 (see our prior client alert).
Revised Bill Reshapes New York’s Consumer Health Information Proposal
After an unexpected, late-session veto, the effort to strengthen protections for consumer health information is back on the table in New York. Background and Legislative Context The New York Health Information Privacy Act (NYHIPA) (S929) was passed by the New York State Assembly and Senate in January 2025 but vetoed by Governor Hochul in December 2025 (see our prior client alert).
U.S. Cyber and Privacy Regulators Intensify Focus on Data Transfers to Foreign Adversaries
Question: What has changed about U.S. regulators’ intention to regulate data transfers to U.S. foreign adversaries in 2026? Answer: Both federal regulators and state enforcement authorities have recently emphasized their intention to regulate the transfer of Americans’ sensitive data to foreign adversaries.
A MoFo Privacy Minute Q&A: New York’s NYHIPA Faces Veto Calls: What Businesses Should Know as 2026 Approaches | JD Supra
This is A MoFo Privacy Minute, where we answer the questions that our clients are asking us in sixty seconds or less. Question: The New York Health Information Privacy Act (NYHIPA) was passed by the New York State Assembly and Senate in January 2025 but appears to have stalled. What is its status? And what should we expect as we move into 2026? Answer: NYHIPA currently awaits Governor Kathy Hochul’s signature.
What Businesses Should Know as 2026 Approaches
This is A MoFo Privacy Minute, where we answer the questions that our clients are asking us in sixty seconds or less. Question: The New York Health Information Privacy Act (NYHIPA) was passed by the New York State Assembly and Senate in January 2025 but appears to have stalled. What is its status? And what should we expect as we move into 2026? Answer: NYHIPA currently awaits Governor Kathy Hochul’s signature.
The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles | JD Supra
The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule requiring sellers to make it as easy to cancel a recurring subscription as it was to sign up (read our client alert breaking down the key requirements of the Final Rule).
The FTC Issues Final Rule on “Click-to-Cancel” and Negative Option Programs | JD Supra
After a multi-year process that was initiated in 2019, the U.S. Federal Trade Commission (FTC) has officially brought the 1973 Negative Option Rule into the 21st century, but not without opposition. The FTC has announced a final click-to-cancel rule that will require sellers to make it as easy for consumers to cancel enrollment in recurring subscriptions as it was to sign up.
Future of Privacy Forum
Infographics July 9, 2020 | Alyssa Benton Strong Data Encryption Protects Everyone: FPF Infographic Details Crypto Benefits for Individuals, Enterprises, and Government Officials Today, the Future of Privacy Forum released a new tool: the interactive visual guide “Strong Data Encryption Protects Everyone.” The infographic illustrates how strong encryption protects individuals,enterprises, and the government.
Privacy Best Practices for Consumer Genetic Testing Services
The Future of Privacy Forum, along with leading consumer genetic and personal genomic testing companies 23andMe, Ancestry, Helix, MyHeritage, and Habit, released Privacy Best Practices for Consumer Genetic Testing Services. These companies have been joined by African Ancestry, FamilyTreeDNA,* and Living DNA in supporting the Best Practices as a clear articulation of how leading firms can build trust with consumers.
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