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Jayne Ponder

Jayne Ponder counsels companies on the intersection of privacy, AI, and emerging technology regulation, and routinely represents clients in regulatory inquiries, investigations, and enforcement matters before federal and state agencies.

Jayne counsels clients across industries to launch and enhance products, services, and governance programs involving their collection and use of data and emerging technologies. Her experience spans U.S. comprehensive privacy, automated decisionmaking, AI governance, biometric privacy, surveillance and algorithmic pricing, and AI transparency, disclosure, and safety frameworks. She partners with clients to design products and governance programs that keep pace with the dynamic regulatory environment, including in connection with digital and online advertising, social media, AI-powered and agentic services, connected devices, and robotics.

In addition, she advises companies on engagement with federal and state regulators, including through enforcement and rulemaking. Jayne analyzes privacy and security risks in complex corporate transactions. She also provides strategic input on the legislative, regulatory, and policy developments shaping the privacy and AI landscape.

Jayne maintains an active pro bono practice, focusing on assisting nonprofits with their privacy programs and elder estate planning.

On September 30, California Governor Gavin Newsom signed three laws that will regulate the use of AI in the employment context, starting in the new year. Below, we briefly summarize these developments, which we discuss in greater detail in our prior blog post. These laws join an existing body…

Continue Reading New California AI Employment Laws: Key Requirements for Employers

Employers increasingly rely on automated tools to help make decisions concerning hiring, promotion, discipline, and termination. In response, state legislatures and agencies have begun to regulate uses of these technologies, often referred to as automated decision-making technology (“ADMT”). These laws generally require entities that deploy ADMT in the employment context to, among other requirements, notify affected individuals, disclose how ADMT factors into decisions, and provide rights to appeal or request human review.

This remains a fast-moving area and a hot topic for legislative and regulatory focus, with several states enacting laws this year and additional bills pending. Below, we summarize the key legislative and regulatory ADMT developments that apply in the employment context.

Continue Reading ADMT Law Roundup: What Employers Need to Know About Recent ADMT Laws

On June 2, 2026, Colorado Governor Jared Polis vetoed HB 26-1210, a bill that would have imposed requirements for use of “surveillance data” to set individualized prices for consumers or individualized wage setting for workers. The veto is yet another action in a trend of bills focused on regulating “surveillance” or “dynamic” pricing.

Continue Reading Colorado Governor Vetoes Overly Broad Algorithmic Pricing and Wage Setting Bill

This update highlights key legislative and regulatory developments in the second quarter of 2026 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and Internet of Things (“IoT”).

Continue Reading U.S. Tech Legislative & Regulatory Update – Second Quarter 2026

On June 16, 2026, the Delaware General Assembly passed HB 380, which would amend the Delaware Personal Data Privacy Act (DPDPA). The bill is currently awaiting the Delaware governor’s signature, and if signed, the amendments would take effect on January 1, 2027. The amendment would impose the following:

Continue Reading Delaware General Assembly Passes HB 380, an Amendment to the Delaware Personal Data Privacy Act

On July 6, 2026, Illinois Governor JB Pritzker signed into law SB 315, a frontier model safety act that resembles the New York RAISE Act, discussed in our prior blog post here, and California’s Transparency in Frontier Artificial Intelligence Act (TFAIA), discussed in our prior blog post here. The law takes effect January 1, 2027, with transparency-reporting and audit obligations beginning January 1, 2028.  Similar to the New York and California laws, SB 315 will apply to frontier developers (i.e., persons that train, or initiate the training of, a frontier model using computing power greater than 10^26 integer or floating point operations), with certain provisions applicable only to large frontier developers (i.e., frontier developers with annual gross revenue over $500 million in the preceding year). SB 315 also includes public safety disclosure and reporting requirements. Notably, SB 315 also imposes a third-party audit requirement not found in either the New York or the California law.

Continue Reading Illinois Enacts Frontier Model Safety Law

On June 2, 2026, the White House issued an executive order titled “Promoting Advanced Artificial Intelligence Innovation and Security” (the “Order”).  The Order reflects the Administration’s stated policy of advancing U.S. leadership in artificial intelligence (“AI”) while addressing national security risks associated with increasingly capable AI systems.  To accomplish these policy goals, the Order outlines two approaches: (1) strengthening U.S. Government and private industry cyber defenses in response to “advanced AI,” and (2) developing voluntary benchmarking and review frameworks for secure development and release of “frontier” AI models.

Continue Reading White House Releases Executive Order on Advanced AI Innovation and Security

On May 1, the Connecticut legislature passed an artificial intelligence (“AI”) safety, transparency, and consumer protection bill (“SB 5”). While the Colorado legislature takes steps to streamline existing requirements for developers and deployers of AI systems, Connecticut has passed a multi-part framework that will impose requirements on large frontier developers…

Continue Reading Connecticut Passes Comprehensive AI Law

On April 28, 2026, Maryland Governor Moore signed HB 895 (the Protection From Predatory Pricing Act) into law, which will impose limitations on the use of personalized pricing in the food retail and grocery delivery context.  The law will go into effect on October 1, 2026.  As we have detailed in prior blog posts, there has been a wave of personalized pricing proposals at the state level, and the FTC is focusing attention on pricing in the grocery sector.

Continue Reading Maryland Enacts Law on Personalized Food Pricing

On May 7, the Colorado Senate passed SB 189, a bill that would repeal and replace the state’s Colorado AI Act enacted in 2024 and scheduled to take effect on June 30, 2026. If enacted, SB 189 would replace the current framework with a narrower statute focusing primarily on…

Continue Reading Colorado Lawmakers Advance Bill to Replace Colorado AI Act