James Koenig, Joel Lutz, Laura Hamady
Session Time: Wed, Nov 4, 2026: 11:30 AM – 12:30 PM
The FTC has long been the principal navigator of US data regulation, and the waters have rarely been rougher. In June 2026, the Supreme Court held in Trump v. Slaughter that the FTC Act’s for-cause removal protections violate the separation of powers, leading many to expect that the agency’s enforcement priorities to track each administration’s policy agenda more closely. The Commission has been busy across a panoply of topics: cybersecurity, deceptive data practices, health-related claims, and children’s privacy, with the amended COPPA Rule reaching its compliance date in April 2026 with new security program, retention, notice, and parental consent requirements. On the health side, the Commission sued a direct-to-consumer telehealth platform in July 2026 over treatment data allegedly sent to advertising platforms through pixels and tracking technologies, under a theory reaching companies not regulated by HIPAA. Data broker orders have continued, including a May 2026 settlement barring a major location broker from selling sensitive location data without affirmative express consent.
On AI, the compass is just starting to spin. A December 2025 executive order directed the Commission to explain when state laws requiring alterations to AI model outputs are preempted by Section 5, aiming the agency’s deception authority at state regulators rather than at regulated companies. In recent days, the Commission confirmed an investigation into frontier AI developers over the safety of their products, with compulsory process expected.
Hear from lawyers who work these currents daily on enforcement, consent order assessments, and policy directives. Where will the FTC sail next, and how do you make sure your data ship is ready? Children’s data, health data, online tracking, cybersecurity, and AI are all on the map.
James Koenig, Partner, Troutman Pepper Locke (moderator)
Joel Lutz, Counsel, Troutman Pepper Locke
Laura Hamady, Partner, Troutman Pepper Locke
Reading Materials:
