Good decisions depend on good data. Football coaches study film to learn what an opponent calls on third-and-long so they can deploy the right defense. Businesses collect vast amounts of data to develop and market new products. No general counsel (GC) would approve a major business decision without first gathering the available facts and conducting the necessary legal research. Yet GCs make high-stakes regulatory decisions every day without a complete, data-driven picture of the enforcement landscape. Sometimes the gamble pays off, but when it does not, it can cause serious problems for the company.

Three forces drive regulatory risk when it comes to privacy, cybersecurity, and AI: new legislation, private litigation, and regulatory enforcement. Enforcement is the hardest to track. It also matters most, because it shows how regulators apply the law and what they prioritize. Knowing regulators’ priorities and how they act helps organizations design compliance programs that anticipate and alleviate regulatory enforcement traps.

Regulators often have a more complete view than industry. State attorneys general (AG) study the market closely and share their enforcement priorities with one another. Their activity has increased dramatically in recent years, and they have become more sophisticated and more powerful — particularly in the rapidly evolving privacy, cybersecurity, and AI regulatory environments.

We think it’s time to level the playing field.

What the Platform Is and How It Works

Regulatory Intelligence Platform is a curated, AI-enabled database of privacy, cybersecurity, and AI enforcement by state AGs and other privacy regulators. It captures actions, settlements, sweeps, announcements, and stated priorities. It applies detailed taxonomies to identify the different flavors of regulatory actions, and the details of AG settlements. We have captured hundreds of regulatory activities dating back to 2020, and continue to monitor new activity. We expect the platform’s utility to increase significantly with time as we gather more data and gain further insights.

The platform’s AI model is lawyer-trained and is supplemented with real-world knowledge and insights from our best-in-class State AG and Privacy + Cyber teams. Our teams’ institutional knowledge guides how we collect, organize, and analyze the data. We code each matter for:

• Issues, fact patterns, and legal theories.
• Industries and business models targeted.
• Timing of actions and resolutions.
• States, regulators, and key personnel.
• Settlement amounts and structures.
• Injunctive relief terms.

We are constantly adding to the dataset as AGs announce new investigations/lawsuits, launch industry sweeps, issue opinions and guidance, or reach settlements.

Coming Soon: Direct Access to the Data

We will soon release the Regulatory Intelligence Dashboard, which will give clients and subscribers direct access to the platform’s data and the ability to slice, dice, and isolate it for use in regulatory defense and advisory work:

• Real-time access. Users can access and parse the data through a dashboard as it is updated rather than wait for periodic reports.
• Self-directed research. Clients can run their own searches and analysis on the issues, trends, regulator priorities, industries, and outcomes relevant to their business.
• A complement to our advice. The site puts the data in clients’ hands; our lawyers provide context, strategy, and regulatory insight.
• Who it serves. In-house legal, compliance, privacy, and risk teams, as well as companies evaluating transactions and product compliance.
• Registration benefits. Registered users will receive access to more detailed information and insights.

To sign up, visit our Regulatory Intelligence Platform landing page. You can also email regintelligence@troutman.com to join our update list.

Conclusion

AI does not replace experienced lawyers. It makes lawyers who already have deep relationships with regulators and subject-matter experience even better. State AGs share intelligence with each other; companies need an intelligence capability of their own. Our Regulatory Intelligence platform provides that capability.

Download the report today, and to receive real-time access when the site launches, subscribe here. Learn more about our RISE and Privacy + Cyber + AI teams.