David Snead

Snell & Wilmer Partner Patricia Brum was recently quoted in the Law360 article, “Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary.” The article discusses how the California Privacy Protection Agency is ramping up enforcement and rulemaking ahead of its fifth anniversary, focusing on data brokers, opt-out compliance, dark patterns, and new regulations on automated decision-making and cybersecurity audits. “California is certainly developing a reputation for being a leader in the data privacy space. Consumers want their data protected, and it's clear that the agency is acting on that,” said Brum. To read the full article, please visit: https://bit.ly/3KDhzWW. #Law360 #CCPA #DataPrivacy #PrivacyCompliance Opinions expressed are those of the author and not necessarily the firm’s or their colleagues’.

12

Finally, a signal shift on software patent eligibility.   In his first week of taking office, newly appointed USPTO Director John Squires just took a stand — and it’s one many in the industry have been waiting for.   On September 26, 2025, in a move that signals a significant shift in USPTO patent policy for AI and software-related inventions, Director Squires, writing on behalf of a special Appeals Review Panel (ARP), vacated a Patent Trial and Appeal Board (PTAB) decision in Ex parte Desjardins (Appeal 2024-000567). The PTAB panel had, sua sponte, entered a new ground of rejection under 35 U.S.C. § 101, which governs patent-eligible subject matter, for a Google DeepMind machine learning patent application.   His reason for vacating the § 101 rejection? The PTAB panel disregarded controlling Federal Circuit precedent in Enfish and “essentially equated any machine learning with an unpatentable ‘algorithm’ and the remaining additional elements as ‘generic computer components,’ without adequate explanation.”   Director Squires pushed back on the overuse of § 101, and instead reminded USPTO examiners and PTAB panels that novelty, nonobviousness, and enablement should drive the patentability analysis.    This matters.   Too many software innovations die in the USPTO during patent examination — not because they lack novelty or are obvious over the prior art, but because the law on patent-eligible subject matter under § 101 continues to be vague, inconsistently applied, and unpredictable.   Director Squires’ decision will not fix the problems with § 101 overnight, but it sets the right tone: A call for restraint in § 101 rejections A re-centering on core patentability criteria A clearer path for patent applicants with meaningful, well-supported inventions   This decision serves as a clear directive to patent examiners and PTAB panels to be more judicious in their use of § 101 rejections, particularly for inventions in the fields of AI, software, and diagnostics.   #patentlaw #USPTO #softwarepatents #AIpatents #intellectualproperty

6

📅 Next Thursday, partner Maureen Ohlhausen will join the Privacy Law Section of the California Lawyers Association's Annual Privacy Summit to speak on the fireside chat "Regulator's View, Client's Edge: The Dual Perspective in Enforcement and Compliance." Maureen and her fellow panelists will discuss knowledge gaps that impact both sides of the table, how to manage regulator inquiries, and strategies they now use to help successfully defend and counsel their private-sector clients. Maureen will give an insider's perspective on regulation and compliance, and how she assessed risk and built cases while in government. 🔗 Learn more at: https://lnkd.in/gWm8azbm

11

🚨 Client Alert: Consumer AI and Attorney-Client Privilege Risk A recent SDNY ruling should give executives and fund managers pause.   In United States v. Heppner, a defendant used a consumer AI platform to prepare defense-strategy materials and later shared those materials with counsel. The court found that because the information had been submitted to a third-party AI provider under non-confidential terms, attorney-client privilege protection was compromised.   The takeaway is simple but serious: Entering legal strategy, regulatory analysis, investigation details, or counsel’s advice into consumer AI tools may constitute disclosure to a third party — potentially undermining privilege.   If your organization is using AI tools in legal, compliance, or regulatory contexts, now is the time to review policies, vendor terms, and internal practices. We are actively advising clients on AI-use frameworks and privilege-preservation strategies and assisting organizations in implementing immediate, practical safeguards to reduce risk. #AI #LegalPrivilege #Compliance #RiskManagement #InvestmentAdvisers #PrivateFunds #Governance

11

Recent final regulations from the California Privacy Protection Agency (CPPA), under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), have established California as a national leader in AI governance for consumers and, significantly, for employees and job applicants. These stringent new rules, with compliance deadlines extending into 2027 and beyond, demand that employers immediately reassess their use of Automated Decision-Making Technology (ADMT) in the workplace. Read full post here - https://lnkd.in/eknDaB5f

1

California businesses may soon see a significant shift in the website privacy litigation landscape. California SB 690 could mean big changes due to the growing volume of lawsuits targeting common website tech like cookies, tracking pixels and analytics tools. While the legislation could narrow one avenue of privacy litigation, companies should not assume the broader risk has disappeared. Retail & E-Commerce Co-Leads Bryna Dahlin and David Krueger, along with Managing Associate Lauryn Robinson, break down what's coming. #BeneschLaw #DataPrivacy #Cybersecurity #RetailLaw #Ecommerce #CIPA #WebsitePrivacy #PrivacyLitigation #CaliforniaLaw https://lnkd.in/ee7KBJfv

3

The Future of Privacy Law in California 🔍 2026 is shaping up to be a defining year for California privacy law enforcement. With new regulations, expanded consumer rights, and stronger penalties under the CPRA, every business — from startups to enterprises — must adapt quickly. The attorneys at Greene & Chaplan LLP provide proactive legal strategies to help companies: • Audit and align privacy practices • Avoid enforcement actions • Protect sensitive consumer data • Build compliance into everyday operations Stay ahead of the curve — partner with a firm that understands privacy inside and out. #CPRA #CCPA #CaliforniaLaw #PrivacyLaw #DataPrivacy #ConsumerRights #LegalCompliance #RegTech #PrivacyProtection #BusinessLaw #CyberSecurity #ComplianceExperts #PrivacyMatters #LawFirm #GreeneChaplan

8