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Alston & Bird Privacy, Cyber & Data Strategy Blog

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On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]

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On January 20, 2026, the New Jersey Governor signed Assembly Bill A5017 (“Amendment”), amending the New Jersey Data Protection Act (“NJDPA”). The Amendment exempts data that is not protected health information (“non-PHI”) from the NJDPA when it is handled by covered entities or business associates in accordance with the privacy and security requirements of the […]

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On January 28, 2026, the Federal Bureau of Investigation (FBI) announced the launch of Operation Winter SHIELD, a coordinated initiative designed to promote adoption of core defensive measures that are shown to mitigate common intrusion vectors. Operation Winter SHIELD identifies ten priority actions the FBI views as important in improving organizational cyber resilience. The...


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On December 22, 2025, the Federal Trade Commission (FTC) set aside its 2024 consent order against Rytr, a generative AI-powered company, concluding that the original complaint “failed to satisfy the legal requirements of the FTC Act” and that the order unduly burdened AI innovation in violation of the Trump Administration’s January 2025 AI Executive Order […]

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On January 28, 2026, California Attorney General (“AG”) Rob Bonta announced an investigative sweep targeting “surveillance pricing” practices among businesses in the retail, grocery, and hotel sectors. The investigation focuses on companies that use consumers’ personal information to set individualized prices. According to the AG’s press release, surveillance pricing practice...


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