“Two Americas: Cross-Border Data Requests Post-Dobbs,” Lawfare
Publications
September 30, 2022
In an article for Lawfare, Partner Aaron R. Cooper discusses cross-border data issues that have arisen post-Dobbs. Since the Supreme Court’s decision to overturn 50-year precedent, concerns have been raised regarding the ability of state prosecutors to obtain user data as part of a criminal investigation into abortions and related services. In reaction, some states are considering ways to protect data held by companies subject to their jurisdiction from such investigations.
Companies— especially communications service providers—that are subject to the jurisdiction of multiple states are concerned about the changing legal framework and their responsibilities to produce data for abortion investigations or rights to refuse to do so under state and federal law.
Mr. Cooper writes, “the post-Dobbs world presents an unprecedented scenario for the collection of electronic evidence across state lines, where the compulsory process issued by one state threatens or violates fundamental rights protected in another,” with legal conflicts likely on the horizon.
In an interview with Axios, Mr. Cooper also spoke about the new California law to strengthen protections for digital privacy of reproductive health decisions. He says, “for the tech companies, it’s a tight spot to be in,” and being compelled by one state to produce data that California’s law now prohibits could trigger “irreconcilable obligations” with “no way to satisfy both.”
Read the Lawfare article here and the Axios article here.
Mr. Cooper is a Partner in the firm’s Investigations, Compliance, and Defense Practice and the Government Controversies and Public Policy Litigation Practice. He is also a member of the firm’s Reproductive Health Task Force.
Related Lawyers
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
September 30, 2022
In an article for Lawfare, Partner Aaron R. Cooper discusses cross-border data issues that have arisen post-Dobbs. Since the Supreme Court’s decision to overturn 50-year precedent, concerns have been raised regarding the ability of state prosecutors to obtain user data as part of a criminal investigation into abortions and related services. In reaction, some states are considering ways to protect data held by companies subject to their jurisdiction from such investigations.
Companies— especially communications service providers—that are subject to the jurisdiction of multiple states are concerned about the changing legal framework and their responsibilities to produce data for abortion investigations or rights to refuse to do so under state and federal law.
Mr. Cooper writes, “the post-Dobbs world presents an unprecedented scenario for the collection of electronic evidence across state lines, where the compulsory process issued by one state threatens or violates fundamental rights protected in another,” with legal conflicts likely on the horizon.
In an interview with Axios, Mr. Cooper also spoke about the new California law to strengthen protections for digital privacy of reproductive health decisions. He says, “for the tech companies, it’s a tight spot to be in,” and being compelled by one state to produce data that California’s law now prohibits could trigger “irreconcilable obligations” with “no way to satisfy both.”
Read the Lawfare article here and the Axios article here.
Mr. Cooper is a Partner in the firm’s Investigations, Compliance, and Defense Practice and the Government Controversies and Public Policy Litigation Practice. He is also a member of the firm’s Reproductive Health Task Force.
Related Lawyers
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News and Insights
Event
Associate Steven Arango to Speak at the Veterans' Legal Career Fair
On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.
September 18, 2026
Publications
In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications
Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.
August 18, 2026
Event
Partner David Greenwald to Speak at PLI Program on Privilege and AI
On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).
August 17, 2026
Publications
Special Counsel Kimberly Cook Featured in FCBA Member Spotlight
The Federal Communications Bar Association (FCBA) featured Kimberly Cook in its Member Spotlight series.
August 13, 2026
Recognition
Three Jenner & Block Partners Named to Crain's New York Business' 2026 Notable Leaders in Accounting, Consulting & Law List
Crain's New York Business recognized Jenner & Block Partners Anthony Barkow, Alison Stein, and Damian Williams among its 2026 Notable Leaders in Accounting, Consulting & Law.
August 10, 2026