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Jayne Ponder

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy, artificial intelligence, sensitive data and biometrics, marketing and online advertising, connected devices, and social media. For example, Jayne regularly advises clients on the California Consumer Privacy Act, Colorado AI Act, and the developing patchwork of U.S. state data privacy and artificial intelligence laws. She advises clients on drafting consumer notices, designing consent flows and consumer choices, drafting and negotiating commercial terms, building consumer rights processes, and undertaking data protection impact assessments. In addition, she routinely partners with clients on the development of risk-based privacy and artificial intelligence governance programs that reflect the dynamic regulatory environment and incorporate practical mitigation measures.

Jayne routinely represents clients in enforcement actions brought by the Federal Trade Commission and state attorneys general, particularly in areas related to data privacy, artificial intelligence, advertising, and cybersecurity. Additionally, she helps clients to advance advocacy in rulemaking processes led by federal and state regulators on data privacy, cybersecurity, and artificial intelligence topics.

As part of her practice, Jayne also advises companies on cybersecurity incident preparedness and response, including by drafting, revising, and testing incident response plans, conducting cybersecurity gap assessments, engaging vendors, and analyzing obligations under breach notification laws following an incident.

Jayne maintains an active pro bono practice, including assisting small and nonprofit entities with data privacy topics and elder estate planning.

The Connecticut Office of the Attorney General (“OAG”) issued an updated Enforcement Report (“Enforcement Report”) under the Connecticut Data Privacy Act (“CTDPA”). The Enforcement Report discusses the OAG’s enforcement actions in 2025 and suggests some areas of focus from the regulator, summarized below.Continue Reading Connecticut Attorney General Releases 2025 CTDPA Enforcement Report

On January 8, 2026, the California Privacy Protection Agency (“CalPrivacy”) announced an enforcement action against Rickenbacher Data LLC (d/b/a “Datamasters”), an information reseller, for failing to register as a data broker under the California Delete Act.  Datamasters agreed to pay a $45,000 administrative fine, among other remedial measures.  In November, CalPrivacy launched a Data Broker Enforcement Strike Force within its enforcement division to investigate violations of the law in the data broker industry, which builds upon a 2024 investigative sweep into data broker compliance.Continue Reading CalPrivacy Announces $45,000 Fine Against Data Broker for Delete Act Violations

On November 21, 2025, California Attorney General Rob Bonta announced a $1.4 million settlement with Jam City, Inc. (“Jam City”), a mobile app gaming company, for alleged violations of the California Consumer Privacy Act (“CCPA”) and Unfair Competition Law (“UCL”). The Jam City settlement marks Attorney General Bonta’s sixth settlement obtained under the CCPA and reflects a continued focus on how businesses present opt-out rights mechanisms to California consumers, including minors.Continue Reading California AG Announces $1.4 Million Settlement with Mobile App Gaming Developer Over CCPA Violations

On December 1, the Washington State AI Task Force (“Task Force”) released its Interim Report with AI policy recommendations to the Governor and legislature. Established by the legislature in 2024, the Task Force is responsible for evaluating current and potential uses of AI in Washington and recommending regulatory and legislative

Continue Reading Washington State AI Task Force Releases AI Policy Recommendations for 2026

Recently, California Governor Gavin Newsom signed into law several privacy and related proposals, including new laws governing browser opt-out preference signals, social media account deletion, data brokers, reproductive and health services, age signals for app stores, social media “black box warning” labels for minors, and companion chatbots. This blog summarizes the statutes’ key takeaways.Continue Reading California Enacts New Privacy Laws

On September 30, 2025, the California Privacy Protection Agency (“Agency”) announced a decision and $1.35 million fine to resolve allegations that Tractor Supply Co. (“Tractor Supply”) violated the California Consumer Privacy Act (“CCPA”). The settlement comes after the Agency filed a petition to enforce an investigative subpoena against Tractor Supply. In addition to imposing the Agency’s largest fine to date, the settlement also marks the Agency’s first enforcement action related to job applicant personal data. Similar to the enforcement actions against American Honda Motor Co., Inc. and Todd Snyder, Inc., the Agency continues to focus on how businesses facilitate consumer rights under the CCPA.Continue Reading California Privacy Agency Fines Tractor Supply $1.35 Million Over CCPA Violations

On August 29, the Oregon Department of Justice (DOJ) issued an enforcement report and press release covering its first year of enforcement of the Oregon Consumer Privacy Act (OCPA).  The OCPA took effect on July 1, 2024, and the cure period sunsets on January 1, 2026.  We previously summarized some of requirements in the OCPA here.  This blog summarizes notable takeaways from the enforcement report.Continue Reading Oregon DOJ Publishes Enforcement Report on the Oregon Consumer Privacy Act

This update highlights key mid-year legislative and regulatory developments and builds on our first quarter update related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), Internet of Things (“IoT”), and cryptocurrencies and blockchain developments.

I. Federal AI Legislative Developments

In the first session of the 119th Congress, lawmakers rejected a proposed moratorium on state and local enforcement of AI laws and advanced several AI legislative proposals focused on deepfake-related harms.  Specifically, on July 1, after weeks of negotiations, the Senate voted 99-1 to strike a proposed 10-year moratorium on state and local enforcement of AI laws from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1), which President Trump signed into law.  The vote to strike the moratorium follows the collapse of an agreement on revised language that would have shortened the moratorium to 5 years and allowed states to enforce “generally applicable laws,” including child online safety, digital replica, and CSAM laws, that do not have an “undue or disproportionate effect” on AI.  Congress could technically still consider the moratorium during this session, but the chances of that happening are low based on both the political atmosphere and the lack of a must-pass legislative vehicle in which it could be included.  See our blog post on this topic for more information.

Additionally, lawmakers continue to focus legislation on deepfakes and intimate imagery.  For example, on May 19, President Trump signed the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (“TAKE IT DOWN”) Act (H.R. 633 / S. 146) into law, which requires online platforms to establish a notice and takedown process for nonconsensual intimate visual depictions, including certain depictions created using AI.  See our blog post on this topic for more information.  Meanwhile, members of Congress continued to pursue additional legislation to address deepfake-related harms, such as the STOP CSAM Act of 2025 (S. 1829 / H.R. 3921) and the Disrupt Explicit Forged Images And Non-Consensual Edits (“DEFIANCE”) Act (H.R. 3562 / S. 1837).Continue Reading U.S. Tech Legislative & Regulatory Update – 2025 Mid-Year Update

On July 29, 2025, the National Institute of Standards & Technology (“NIST”) unveiled an outline for preliminary, stakeholder-driven standards, known as a “zero draft”, for AI testing, evaluation, verification and validation (“TEVV”).  This outline is part of NIST’s AI Standards Zero Drafts pilot project, which was announced on March 25, 2025, as we previously reported. The goal is to create a flexible, high-level framework for companies to design their own AI testing and validation procedures. Of note, NIST is not prescribing exact methods for testing and validation. Instead, it offers a structure around key terms, lifecycle stages, and guiding principles that align with future international standards. NIST has asked for stakeholder input on the topics, scope, and priorities of the Zero Drafts process, and feedback is open until September 12, 2025.

The NIST outline breaks AI TEVV into several foundational elements, a non-exhaustive list of which includes:Continue Reading NIST Welcomes Comments for AI Standards Zero Drafts Project