Preemption Challenge

Several years ago, on a conference call with senior counsel from several public entities in the software industry, I raised the issue that there are cognizable pre-emption risks with regard to state data privacy regulations, and was met with stony silence.

Lately, am overjoyed to observe practitioners are recognizing the cognizable pre-emption challenges that may exist with regard to state data privacy regulations and am especially happy to see more attorneys considering this legal issue when developing data protection efforts, resources and strategies.

Practitioners in data practice may want to consider the benefits of a briefing from attorneys with a background in constitutional law.