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From Coast to Coast in 2026: A Spotlight on State Privacy Trends

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Buckle up for a cross-country tour and join Morrison Foerster’s Data, Cyber + Privacy team for our masterclass webinar, “From...

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Buckle up for a cross-country tour and join Morrison Foerster’s Data, Cyber + Privacy team for our masterclass webinar, “From Coast to Coast in 2026: A Spotlight on State Privacy Trends.” Partner Marian Waldmann Agarwal and of counsels Liz Hutchinson, Jon Newmark, and Mary Race will spotlight key trends set to reshape the 2026 landscape, from AI oversight and children’s privacy safeguards to cutting-edge consumer protection and biometrics regulation. They’ll decode recent enforcement actions and share practical compliance steps to help organizations stay ahead of the curve.<hr>

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Marian Waldmann Agarwal is a partner in the Data, Cyber + Privacy Group at Morrison Foerster. She also co-leads the firm’s Artificial Intelligence Group and is a member of the global Environmental, Social, and Governance (ESG) Responsible Tech Committee. Marian’s unique blend of business and legal skills, honed through her background in information systems and business management, is a key asset in her role. Her in-house experience as a secondee to two different companies has provided her with firsthand knowledge of the internal business needs required for company initiatives to succeed. Marian has been instrumental in advising global clients on the developing field of AI. Clients seek her guidance due to her extensive understanding of, and experience with, the ethical use of AI and the developing legal compliance requirements, including data privacy and regulatory provisions, in connection with the design and implementation of innovative AI tools. Her work extends to helping clients identify and mitigate the potential risks associated with AI technologies.Marian counsels clients across a range of industries, including technology, finance, consumer goods and services, healthcare, insurance, media, and hospitality. She assists in designing and building their privacy programs, advising on compliance with U.S. and foreign privacy and data protection laws, such as the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR). Her work includes drafting internal policies, procedures, and guidelines for legal and non-legal audiences that incorporate privacy best practices and legal requirements in daily operations. One of Marian’s core strengths is her ability to comprehensively assess and improve privacy programs, and ensure they remain compliant with evolving privacy laws and regulations. She also drafts and negotiates contracts to protect clients’ data in key commercial agreements, advises on cross-border data transfer issues, and assists with completing multijurisdictional surveys of privacy obligations.In addition, Marian uses her privacy, data security, and AI implementation skills to provide pro bono counseling services to a variety of non-profit clients.Marian received her J.D. from University of Pennsylvania Law School in 2004 and her B.S. and M.B.A. from the State University of New York at Buffalo in 1999. Prior to attending law school, she worked as an application specialist for a small software company.

Marian A. Waldmann Agarwal

Partner

Elisabeth "Liz" Hutchinson helps businesses navigate complex class actions involving cutting-edge technology and novel theories of liability. From data security and website tracking technologies to biometrics and artificial intelligence, Liz distills to their essence both the technologies at issue and how they relate to privacy statutes and common law.Liz concentrates her practice in privacy and data security litigation, handling matters from pretrial counseling to appeals. She has extensive experience interpreting and litigating the Illinois Biometric Information Privacy Act, the California Consumer Privacy Act, HIPAA, California Medical Information Act, and state wiretap statutes and common law at both the trial and appellate levels. Liz has represented clients in complex privacy class actions across the country, securing dismissals through motion practice and favorable settlements for her clients where early resolution made strategic sense.Liz brings the unique perspective of an experienced appellate law clerk to every stage of litigation for her clients. Prior to joining MoFo, Liz spent six years working with federal and state appellate judges, clerking for judges on the U.S. Court of Appeals for the Tenth Circuit, Colorado Supreme Court, and Colorado Court of Appeals. Pulling from this experience, Liz regularly counsels clients on developing a successful strategy that will last from the pre-litigation stage through the life of a case. For her accomplishments, she has been recognized by Best Lawyers for the past five years. Most recently, in the 2025 guide of Best Lawyers, Liz was named as “One to Watch” for class action defense, commercial litigation, and personal injury litigation.Liz received her J.D. from the University of Denver Sturm College of Law, where she was awarded several merit-based scholarships, graduated in the top two percent of her class, and received the Reese Persuasive Writing Award and various Scholastic Excellence Awards. Prior to that, Liz earned her B.A. from the University of California at Davis, where she was a NCAA Division I athlete and was named the Western Intercollegiate Rowing Association’s most tenacious rower.Liz maintains a robust pro bono practice and is a leader in her community. She is a Past Chair of the Denver Bar Association Young Lawyers’ Division and serves on the University of Denver Sturm College of Law’s Alumni Council. She is also a member of the William E. Doyle Inn of Court and a regular volunteer for the Colorado High School Cycling League. In her free time, Liz can be found hiking, biking, or skiing across the Rockies.

Elisabeth Hutchinson

Of Counsel

Jonathan Newmark is an of counsel in Morrison Foerster’s Data, Cyber + Privacy Group. He advises clients across industries on data protection best practices, national and international regulatory compliance, information governance, product development, consumer trust and safety, transaction diligence, crisis management, and cyber incident response.Jonathan counsels clients ranging from emerging to late-stage to public companies in a variety of industries on complex data privacy and cybersecurity issues related to local, global, and industry-specific legal frameworks, including the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR) and the ePrivacy Directive, the EU-U.S. Data Privacy Framework, state and federal wiretapping laws, the California Privacy Rights Act (CCPA/CPRA), the Telephone Consumer Protection Act (TCPA), the Illinois Biometric Information Privacy Act (BIPA), the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), and the Gramm-Leach-Bliley Act (GLBA).As part of his practice, Jonathan has negotiated data transfer and processing agreements, implemented vendor risk management programs, developed information security policies and procedures, guided product development and design, and advised on corporate transactions. Jonathan has also coached clients through largescale data breaches and regulatory scrutiny related to information security and consumer protection, which has included representing clients in front of the Federal Trade Commission (FTC), the New York and Massachusetts attorneys general, and foreign regulators.Jonathan’s representative matters have comprised designing and implementing a large social media organization’s internal technical investigation related to the 2016 U.S. presidential election, advising on the development of a large technology company’s metaverse platform, designing trust and safety programs for an artificial intelligence chatbot application and a teen social media platform, and coaching a mobile banking business through cooperation with the Department of Justice and law enforcement authorities in consumer fraud investigations.Jonathan also maintains an extensive pro bono practice, which has included counseling nonprofit organizations on data protection best practices as well as successfully representing LGBTQ+ and other refugees in their applications for asylum and immigration status in the United States.Jonathan is designated as a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals.Jonathan received his J.D. from Columbia Law School, where he was recognized as a Harlan Fiske Stone Scholar. He received his B.A. from Harvard College, where he graduated cum laude.

Jonathan Newmark

Mary Race assists clients with a wide range of challenging privacy compliance and data security matters. Her practice focuses on managing privacy risks and helping clients develop and implement comprehensive privacy programs across a variety of industries, including tech, retail, manufacturing, advertising, social media, and communications.Mary is a go-to source of guidance on the California Consumer Privacy Act (CCPA) and other state privacy laws, as well as a thought leader on the complexities of these laws, offering clients practical compliance advice. She also counsels clients on privacy matters worldwide, including advising one of the world’s largest international companies on deploying new technologies in 40+ jurisdictions.Mary works on high-profile M&A transactions for multinational clients, such as Salesforce, the global leader in customer relationship management. She frequently advises cutting-edge startups as well as tech industry and social media giants on the privacy and data security aspects of their platforms, products, and services.Mary has a history of commitment to pro bono service. In law school, she volunteered for Pro Bono Students Canada, with a focus on environmental law and social justice.  She continues her pro bono work at MoFo, where she argued an appeal for a pro bono client before the U.S. Court of Appeals for the District of Columbia Circuit and supports pro bono clients in building out their privacy programs.Following her studies at McGill University’s Faculty of Law, Mary served as a law clerk to the Honorable Justice Louis LeBel of the Supreme Court of Canada. Prior to joining the firm, Mary was a development consultant for Human Rights Watch and taught writing at the University of Southern California.Mary is also an accomplished pianist and organist.

Mary Race

Data, Cyber + Privacy

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From Coast to Coast in 2026: A Spotlight on State Privacy Trends

04 Feb 2026 12:00 PM - 1:00 PM EST