Data Protection and Privacy 2026

USA – WASHINGTON

Canada

Seattle

Washington

Trends and Developments Contributed by: Amy Weston, Eva Novick, Brian Esler and Lauren Fricke Miller Nash LLP Miller Nash LLP is a nationally recognised, industry- focused law firm with offices in Alaska, California, Idaho, Oregon and Washington. The firm advises cli - ents on privacy and data security in a rapidly evolving regulatory and threat landscape. Miller Nash helps organisations navigate a patchwork of state, federal and international requirements, including Washing - ton’s My Health My Data Act, the California Consumer Privacy Act, the General Data Protection Regulation, the Telephone Consumer Protection Act, the Gramm Leach Bliley Act, and the Family Educational Rights and Privacy Act. The team drafts and updates pri -

Olympia

Oregon

vacy notices, designs data governance programmes, and conducts data protection audits that align with business objectives. When incidents occur, Miller Nash guides organisations through breach response, regulatory inquiries and related legal obligations, and defends companies in litigation. The team also reviews and negotiates vendor contracts, including cloud computing, information technology, artificial intelligence, networking, data centre and database agreements in domestic and international transac - tions.

Authors

Amy Weston is a partner at Miller Nash LLP, where she advises clients on complex commercial transactions with a particular focus on technology, data protection and privacy. In addition to her commercial practice,

privacy compliance, including CCPA/CPRA and GDPR, and incident response. She represents clients in privacy-related litigation, including class actions involving data breaches and tracking technologies. At the DOJ, she led multistate investigations, resolving more than 400 matters and securing over USD1 billion in restitution.

Amy guides clients through all stages of the corporate life cycle, including formation, governance, debt and equity financings, and mergers and acquisitions, with a strong emphasis on information security and privacy. Whether advising United States-based emerging companies or well-established global corporations, she helps clients navigate the nuances of domestic and international data protection and privacy laws, developing practical strategies to safeguard proprietary inventions, systems, processes and sensitive information.

Brian Esler is a partner at Miller Nash LLP whose practice focuses on complex business litigation, intellectual property disputes, construction litigation, financial institution defence and appellate

advocacy. He has tried and argued cases in state, federal and tribal courts, as well as before arbitrators and administrative agencies, and has briefed and argued appeals in the Washington Court of Appeals, the Washington Supreme Court and the Ninth Circuit. Brian is highly regarded for his litigation skill and strategic advocacy, and has received numerous honours recognising his excellence in the field. He formerly co-chaired the ABA Section of Litigation’s Business Torts and Unfair Competition Committee, and is currently a member of the Section’s Content Management Committee.

Eva Novick is a partner at Miller Nash LLP and a Certified Information Privacy Professional (AIGP, CIPP/US, CIPP/E, CIPM) who leads the firm’s privacy and data security team. With nearly two decades at the Oregon

Department of Justice (DOJ) before private practice, she advises businesses on US and international

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