Digital Health & Technology

Expert Analysis

• California's New Privacy Laws Demand Preparation From Cos.

  

  An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

• AI Scientific Discovery Order Implications For Life Sciences

  

  President Donald Trump's November executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery has the potential to leverage significant federal resources and data to support research, drug and device approvals, and AI model training in the life sciences sector, say attorneys at Hogan Lovells.

• Remote Patient Monitoring Is At Regulatory Inflection Point

  

  With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.

• Texas AG Wields Consumer Protection Law Against Tech Cos.

  

  Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

• Utah's AI Prescription Renewal Pilot Could Inform Policy

  

  Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

• State Of Insurance: Q4 Notes From Illinois

  

  In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

• Privacy Ruling Shows How CIPA Conflicts With Modern Tech

  

  A California federal court's recent holding in Doe v. Eating Recovery Center that Meta is not liable for reading, or attempting to read, the pixel-related transmission while in transit reflects a mismatch between the California Invasion of Privacy Act's 1967 origins and modern encrypted, browser‑driven communications, says David Wheeler at Neal Gerber.

• Lessons From EdTech Provider's Data Breach Settlements

  

  Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

• What US Cos. Must Know To Comply With Italy's AI Law

  

  Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

• Insights From 2025's Flood Of Data Breach Litigation

  

  Several coherent patterns emerged from 2025's data breach litigation activity, suggesting that judges have grown skilled at distinguishing between companies that were genuinely victimized by sophisticated criminal actors despite reasonable precautions, and those whose security practices invited exploitation, says Frederick Livingston at McDonald Baas.

• The Next Pressure Point In Digital Health: Informed Consent

  

  Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.

• 4 Trends Shaping Drug And Medical Device Law For 2026

  

  2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.

• Unique Aspects Of Texas' Approach To AI Regulation

  

  The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.