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    Nov. 4, 2026

A Privacy Triage Playbook for Data-Heavy Startups

For data-heavy startups, delaying privacy compliance can result in routine product features causing costly litigation, regulatory scrutiny and lost business opportunities. In this guest article, Baker Donelson attorneys David Oberly and Tyler Lemons examine the most pressing privacy challenges facing startups and outline practical risk mitigation strategies, including a prioritized 90‑day compliance roadmap. They explain how companies with limited resources can address high-risk biometric and behavioral data practices, strengthen privacy and security controls, and build compliance into product development. See “Preparing for Potentially Expanded BIPA Exposure After the Meta Decision” (Oct. 14, 2026).

Negotiating Limits on Software Vendors’ Use of Customer Data to Train AI

Software vendors increasingly seek customers’ operational data to train AI systems, often expanding their rights through quietly revised terms. Customer backlash forced HubSpot to reverse one such change within four days, while Meta’s broader proposal drew congressional scrutiny. Amid this growing data rights conflict, this article offers customer-side counsel a framework for evaluating and negotiating AI data use terms in software agreements, including questions to ask, red flags to identify and contractual safeguards to seek. It draws on insights from practitioners at Corning Inc., Hunton and Squire Patton Boggs, and panelists from Clearly AI, Costco, Integrative Privacy, Paul Weiss and Sunrise Privacy Consulting who spoke at the recent IAPP Privacy.Security.Risk. + AI conference. See “Pain Points and New Demands in AI Contracts” (Jun. 18, 2025).

PwC Cybersecurity Report Examines Impact of AI on Cyber Threats and Cyber Defenses

AI is reshaping both cyber threats and defenses, making organizations’ ability to secure AI systems an urgent enterprise priority. Attacks targeting AI systems are a leading cybersecurity concern among the more than 3,900 organizations PwC surveyed for its recent global digital trust report. To address this concern, PwC recommends clear ownership, strong data protections, human oversight and fallback mechanisms. This article examines the report’s findings on emerging threats, cyber budgets, resilience, data governance and AI-enabled defense, and outlines the measures organizations should prioritize to strengthen their overall cyber posture. See “Key Cyber Risks Shaping Security Strategy in 2026” (Sep. 23, 2026).

Former CalPrivacy Head of Enforcement Joins Latham in Bay Area

Latham & Watkins has welcomed Michael Macko to its Bay Area offices as a partner in the firm’s privacy and cyber practice and a member of its litigation and trial department. Macko most recently served as head of enforcement at the California Privacy Protection Agency. For commentary from Macko, see “State Privacy Regulators Describe Collaboration and Priorities” (Apr. 8, 2026). For insights from Latham & Watkins, see “Ransomware Enforcement Trends Under Trump 2.0” (Jan. 7, 2026); and “Strengthening Cyber Defenses in an Ever-Evolving Threat Landscape” (Jun. 4, 2025).

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