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Articles by Jonathan Newmark
Jonathan Newmark Named a Law.com New York Legal Awards Rising Star
Keep up with the latest legal and industry insights, news, and events from MoFo Jonathan Newmark, of counsel in Morrison Foerster’s Data, Cyber + Privacy Group, has been recognized as a 2026 Law.com New York Legal Awards Rising Star in the Privacy, Cyber and Data Strategy/Litigation category.
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?
Connected Cars: The Legal Landscape
Keep up with the latest legal and industry insights, news, and events from MoFo Marian Waldmann Agarwal, Alex van der Wolk and Jonathan Newmark are included in Cybersecurity Law Report discussing the evolving legal and regulatory landscape for connected cars in the U.S. and E.U. They address the complexities arising from federal and state privacy laws, biometric and health data regulations, and new requirements for artificial intelligence and automated decision-making technologies.
Wiretapping Theories Reach AI Notetakers
Question: In light of recent litigation applying federal and state wiretapping theories to AI notetakers, what should providers and users of such tools know about these claims, and what measures should they take to mitigate litigation risk? Answer: Plaintiffs have alleged that AI notetakers intercept and record online meeting participants’ communications without consent, violating state and federal wiretapping laws.
Think You’re Not a Data Broker? CalPrivacy Regulations and Enforcement Suggest a Second Look | JD Supra
Recent developments under California’s data broker law, the Delete Act, signal intensified focus by the California Privacy Protection Agency (“CalPrivacy”) on businesses that sell personal information.
Think You’re Not a Data Broker? CalPrivacy Regulations and Enforcement Suggest a Second Look
Recent developments under California’s data broker law, the Delete Act, signal intensified focus by the California Privacy Protection Agency (“CalPrivacy”) on businesses that sell personal information.
Think You’re Not a Data Broker? CalPrivacy Regulations and Enforcement Suggest a Second Look
Recent developments under California’s data broker law, the Delete Act, signal intensified focus by the California Privacy Protection Agency (“CalPrivacy”) on businesses that sell personal information.
Update: Federal Court Enjoins Texas App Store Accountability Act | JD Supra
A federal judge in the Western District of Texas granted preliminary injunctions (here and here) blocking enforcement of the state’s App Store Accountability Act (the “Act”), preventing the law from taking effect on January 1, 2026. The injunctions were issued following preliminary-injunction motions brought in October 2025 by advocacy groups, the Computer & Communications Industry Association and Students Engaged in Advancing Texas.
A MoFo Privacy Minute Q&A: 2026 Updates to State Consumer Privacy Disclosures | JD Supra
Question: I’m aware that there are new state consumer privacy laws coming into effect on January 1, 2026, along with recently approved CCPA regulations. Do I need to update my business’s privacy policy and other privacy-related disclosures before year end?
2026 Changes to State Consumer Privacy Laws
Question: I’m aware that there are new state consumer privacy laws coming into effect on January 1, 2026, along with recently approved CCPA regulations. Do I need to update my business’s privacy policy and other privacy-related disclosures before year end?
Texas Targets App Stores with New Accountability Law: What App Stores and Developers Need to Know Before 2026 | JD Supra
A new Texas law is poised to significantly reshape how app stores and developers manage users under 18. The state’s App Store Accountability Act(the “Act”) becomes effective on January 1, 2026. The Act will require app stores serving Texans to verify users’ ages and secure parental consent for minors’ downloads and purchases, and will impose related obligations on developers whose applications are offered through those stores, among other requirements.
What App Stores and Developers Need to Know Before 2026
A new Texas law is poised to significantly reshape how app stores and developers manage users under 18. The state’s App Store Accountability Act(the “Act”) becomes effective on January 1, 2026. The Act will require app stores serving Texans to verify users’ ages and secure parental consent for minors’ downloads and purchases, and will impose related obligations on developers whose applications are offered through those stores, among other requirements.
A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA” | JD Supra
This is “A MoFo Privacy Minute,” where we answer the questions our clients are asking us in sixty seconds or less. Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities? Answer: The amendments broaden the scope of Texas’s telemarketing law. Businesses will need to ensure compliance—namely the law’s registration requirement—not only for voice calls but also for text messages.
The New York Child Data Protection Act: What Businesses Need to Know About the Empire State’s New Teen Privacy Law | JD Supra
New York’s Child Data Protection Act (NYCDPA) has gone into effect, introducing sweeping new requirements for businesses that collect personal data from minors under 18.
UK Sets Example for How US Can Weaken Algorithms Targeting Kids
Concerns over the long-term impact of online platforms on minors’ physical and mental health are gaining legislative attention. Policymakers, lawmakers, and advocacy groups in the UK and US are examining how AI and algorithmic design contribute to excessive screen time and addictive behaviors online.
UK Sets Example for How US Can Weaken Algorithms Targeting Kids
Concerns over the long-term impact of online platforms on minors’ physical and mental health are gaining legislative attention. Policymakers, lawmakers, and advocacy groups in the UK and US are examining how AI and algorithmic design contribute to excessive screen time and addictive behaviors online.
Utah’s New App Store Age Verification Law: What S.B. 142 Means for Kids, Parents, and Tech | JD Supra
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MoFo Privacy 2025 Predictions: The Future of TCPA Rules Remains Uncertain
Click here to watch the video. The future is uncertain for the Telephone Consumer Protection Act. Jon Newmark predicts what’s next in MoFo’s annual Privacy + Data Security Predictions.
Utah’s New App Store Age Verification Law: What S.B. 142 Means for Kids, Parents, and Tech
Introduction A groundbreaking law in Utah is poised to shake up how minors access apps. Earlier this month, Utah’s state legislature passed S.B. 142 (App Store Accountability Act), which requires major app store providers to verify users’ ages and secure parental consent for anyone under 18 before an app download. In other words, before a teenager in Utah can hit “Get” on a new app, the app store may have to check their ID, much like a cashier must check ID before selling alcohol.
Just a Minor Threat: Online Safety Legislation Takes Off | JD Supra
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Just a Minor Threat: Online Safety Legislation Takes Off
The year 2025 is certain to be a watershed for social media legislation and litigation. As it continues to shape how we connect, share, and consume information, social media remains at the forefront of public discourse due to both privacy concerns and its potentially addictive nature and impact on mental health, particularly among young users.
CJEU ADM Decision Casts Wide Net Over Credit Scoring Agencies
On December 7, 2023, the Court of Justice of the European Union ("CJEU") delivered a landmark decision against SCHUFA Holding AG ("SCHUFA") that will likely impact how the EU General Data Protection Regulation ("GDPR") applies to credit scoring agencies. In the decision, OQ v. Land Hessen, the CJEU decided that SCHUFA's credit scoring qualified as automated decision making ("ADM") which is subject to Article 22 GDPR.
Website Operators Should Take Steps To Mitigate Risk Of Session Replay And Chatbot Technology Litigation
Recently, there has been a wave of consumer privacy class action litigation against website operators alleging privacy violations around the use of session replay and chatbot technology. Remarkably, no specific legislative change triggered this increase. Instead, the rise follows recent court decisions holding businesses liable under state wiretap and eavesdropping laws for their use of third-party operated session replay and chat window technologies.
Washington’s Biometric Data Regime Advances Privacy Regulation
On April 27, Washington Governor Jay Inslee signed into law the state’s expansive health privacy law, the My Health My Data Act. Effective March 31, 2024, the MHMDA establishes a comprehensive privacy framework for entities doing business in Washington state that handle consumer health data.
Washington’s Biometric Data Regime Advances Privacy Regulation
On April 27, Washington Governor Jay Inslee signed into law the state’s expansive health privacy law, the My Health My Data Act. Effective March 31, 2024, the MHMDA establishes a comprehensive privacy framework for entities doing business in Washington state that handle consumer health data.
Takeaways From Washington's Sweeping Health Privacy Bill
By Jacqueline Klosek, Federica De Santis and Jonathan Newmark (May 9, 2023, 4:45 PM EDT) -- On April 27, Washington Gov. Jay Inslee signed into law the state's sweeping health privacy bill - the My Health My Data Act.[1]... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Connecticut Becomes Latest State To Pass Comprehensive Data Privacy Law
On May 10, 2022, Connecticut Governor Ned Lamont signed into law an Act Concerning Personal Data Privacy and Online Monitoring ("Connecticut Data Privacy Act", "CTDPA" or the "Act"). Like the California Privacy Rights Act, Colorado Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act, the Act provides the state's residents with a familiar slate of comprehensive privacy protections and grants them new rights regarding their personal data.
The Colorado Privacy Act Joins List of Comprehensive State Privacy Laws | JD Supra
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law. The CPA will take effect on July 1, 2023 and joins the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and Virginia Consumer Data Protection Act (“VCDPA”) on a growing list of comprehensive state data privacy laws in the United States.
What Happens in the British Virgin Islands, Stays in the British Virgin Islands | JD Supra
On 13 April 2021, the British Virgin Islands (“BVI” or “Virgin Islands”) became the latest jurisdiction to enact a comprehensive information privacy law when the territory published the Data Protection Act, 2021 (the “DPA 2021” or the “Act”) in its Official Gazette. Despite being a territory of the United Kingdom, the Virgin Islands was not bound by Europe’s General Data Protection Regulation (“GDPR”).
CCPA Regulations Take Effect August 14, 2020, California AG Announces Final Revisions
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Road Map For A Cautious Approach To Contact Tracing
By Boris Segalis and Jonathan Newmark April 30, 2020, 5:49 PM EDT Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
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