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Akerman Intellectual Property Practice Group Chair Brian Bianco told The Washington Post this week that a case growing out of genomics company 23andMe’s bankruptcy is one to watch. Attorneys general from 27 states and the District of Columbia have filed suit against 23andMe in bankruptcy court on Monday to block the sale of customers’ genetic data without explicit consent. The lawsuit argues that DNA and health information are too sensitive to be sold as ordinary assets. Regeneron Pharmaceuticals plans to acquire 23andMe and says it will follow privacy laws, but states want stronger guarantees.

Brian told the Post that genetic data could live on forever. “From that perspective, the data is unique and it differentiates this case from any case that comes before it,” he said.

A court-appointed privacy ombudsman will review the deal’s impact on consumer privacy.

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