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California’s New Privacy Rules May Reshape the Evidentiary Landscape

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Kaylee Bankson, Mary Race and Anthony Mahmud authored an article entitled “California’s New Privacy Rules May Reshape the...

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Kaylee Bankson, Mary Race and Anthony Mahmud authored an article entitled “California’s New Privacy Rules May Reshape the Evidentiary Landscape” for the Daily Journal that discusses how newly finalized California Consumer Privacy Act regulations may affect litigation and regulatory risks for businesses. The article explains that mandatory cybersecurity audits and risk assessments will require companies to create detailed records regarding cybersecurity risks, remediation efforts, and privacy practices. The authors recommend that organizations adopt litigation-aware compliance strategies by involving legal counsel early, preserving privilege where possible, documenting risk decisions carefully, maintaining consistency across records, and strengthening remediation governance to minimize potential evidentiary and enforcement risks associated with these new requirements.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt18b083c960a9d23e/6a20841e0690543976210845/260515-california-s-new-privacy-rules-may-reshape.pdf" target="_blank">full article</a>.

California’s New Privacy Rules May Reshape the Evidentiary Landscape

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Kaylee Cox Bankston is a partner in Morrison Foerster’s Data, Cyber + Privacy Group. She advises clients across all industries on complex cybersecurity, privacy, and data matters, including cybersecurity investigations and breach preparation, corporate governance and risk management, regulatory investigations, litigation and class action defense, and other emerging industry issues, such as the use and impacts of artificial intelligence (AI). Kaylee was recognized by The Legal 500 US for her work in cyber law (including data privacy and data protection) in 2023 and 2025. Kaylee is also a co-author of The International Handbook of AI Law: A Guide to Understanding and Resolving the Legal Challenges of Artificial Intelligence.<ul><li>Cybersecurity Investigations and Incident Response Preparedness: Kaylee has extensive experience leading clients in investigations of sophisticated cyberattacks and security breaches conducted by high-profile threat actor groups, including ransomware, data extortion events, and business email compromises. She also counsels clients on incident response programs and preparedness, including developing and conducting cybersecurity simulations and tabletop exercises, preparing clients for security assessments, audits, and testing, and advising on post-assessment implementation and risk mitigation strategies. Kaylee advises clients on cybersecurity information and intelligence sharing, data access requests, and related national security matters.</li><li>Regulatory Investigations and Litigation: Kaylee has substantial experience representing clients in privacy and security investigations and related regulatory actions. She has represented companies in cybersecurity and privacy matters before U.S. and international regulators, including the U.S. Federal Trade Commission (FTC), the U.S. Securities and Exchange Commission (SEC), the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services, Office of Civil Rights (HHS OCR), New York Department of Financial Services (NYDFS), and state attorneys general, and in litigation matters in various U.S. federal and state courts.</li><li>Compliance, Corporate Governance, and Public Companies Counseling: Kaylee has counseled numerous companies on how to navigate and comply with the new DOJ “Bulk Data” regulations, implementing Executive Order 14117. She has advised clients on the recent SEC Cybersecurity Disclosure Rules, including counseling on disclosure obligations for material cybersecurity incidents and developing annual SEC cybersecurity disclosures for publicly traded companies. Kaylee also counsels executives and boards of directors on cybersecurity and privacy corporate governance and risk management matters and regularly advises clients on the development of cybersecurity and privacy programs and compliance with other regulatory requirements and standards, such as the NYDFS Part 500 cybersecurity requirements, the FTC Safeguards Rule, the FTC Act, the California Consumer Privacy Act (CCPA) and state data privacy laws, the Illinois Biometric Information Privacy Act (BIPA), the Children’s Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), and the Payment Card Industry Data Security Standard (PCI DSS).</li><li>Corporate Transactions and Vendor Management: Kaylee counsels clients on vendor management programs, including developing security and privacy contracting frameworks and negotiating data protection agreements. Kaylee also advises clients on privacy and security diligence matters in connection with corporate transactions.</li></ul>Kaylee is an adjunct professor at Georgetown University Law Center, where she teaches a cybersecurity course. Kaylee is a Certified Information Privacy Professional (CIPP) through the International Association of Privacy Professionals. She previously served on the Center for a New American Security, Technology Policy Lab Working Group for Data Privacy and the Bar Association of the District of Columbia Board of Directors and National Security Steering Committee. She is also a member of Women in CyberSecurity (WiCyS).

Kaylee Bankston

Partner

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

Of Counsel

Anthony Mahmud is an associate in Morrison Foerster’s New York office and a member of its Complex Litigation Group.Anthony represents clients in high-stakes civil litigation matters in state and federal courts, including class actions, multidistrict litigation, and complex commercial disputes. He has experience handling all phases of complex civil and corporate litigation, including drafting pleadings, motions, and briefs, as well as managing the discovery process.His practice also includes data privacy, cybersecurity, and technology-related litigation. He has advised and defended clients in matters involving healthcare and consumer privacy statutes and regulations, including claims arising under a range of state privacy frameworks.He closely tracks emerging developments in privacy, cybersecurity, and technology law and analyzes their implications for clients across industries. His experience includes matters involving data breaches, ransomware incidents, online tracking technologies, and evolving regulatory regimes governing the collection and use of personal data.Before joining Morrison Foerster, Anthony worked at other leading global law firms, where he represented clients in a variety of complex litigation matters, including financial services and other commercial disputes. He also gained in-house experience as a law clerk at Barclays and as a summer associate at Microsoft Corporation.