New York Law Journal | Commentary
By John Cleary, Cate Green and Elizabeth Marden | March 6, 2023
Web tracking lawsuits stem from companies collecting their website visitors' data. These cases do not involve "hacking" or other forms of data breach or data incident, writes contributors John Cleary, Cate Green and Elizabeth Marden.
New York Law Journal | Commentary
By Kathryn Linsky, David Saunders and Jonathan Ende | March 6, 2023
Plaintiffs' claims seek to extend dated statutory requirements to modern technologies, such as online video players, chatbots session replay tools and voice recognition software. Many of these actions have advanced past the motion to dismiss stage, which means that more of these claims are likely to follow, write contributors Kathryn Linsky, David Saunders and Jonathan Ende.
New York Law Journal | Commentary
By Michael Orenstein | March 6, 2023
There are a number of factors fueling the rise in supply chain attacks, such as victims being more willing to pay ransoms, escalating international tensions, larger and more interconnected networks, and the ease of anonymous payments through cryptocurrency, Michael Orenstein writes.
New York Law Journal | Commentary
By Edward McNicholas, Christine Moundas and Briana Fasone | March 6, 2023
Blackbeard may not be the first name that comes to mind when considering cybercrime, but prior international efforts to stop stateless rogue actors can point us toward the proper focus for cybersecurity—governments taking responsibility to solve a classic collective action problem by direct action, supporting existing industry defense measures, and leading multilateral cooperation efforts, writes Edward McNicholas, Christine Moundas and Briana Fasone.
New York Law Journal | Commentary
By Annmarie Giblin | March 6, 2023
We are currently on the precipice of a dramatic shift in the way cyber risk is viewed and how the accompanying liabilities are assigned, and the foundation for this change stems all the way back to the fundamentals of proximate cause, Annamarie Giblin writes.
New York Law Journal | Analysis
By Daniel J. Altieri and F. Paul Greene | March 1, 2023
With all the focus on artificial intelligence lately, this article provides a deep dive into incident response preparation and the importance of developing actual intelligence (of actual humans!). Conducting regular table-top drills can help to expand the knowledge of incident responders and strengthen the company's incident response.
New York Law Journal | Expert Opinion
By Peter A. Crusco | February 27, 2023
In his Cyber Crime column, Peter Crusco discusses recent case law compared to earlier law and how these decisions demonstrate that "although the technology has changed, contract law has remained stable and appropriate to respond to the new developments in cybersecurity insurance."
By Charles Toutant | February 24, 2023
"One of the difficulties with respect to a healthcare provider is that you can have set policies and procedures in place that are best practices and still be the victim of a breach," cybersecurity attorney Elizabeth Litten of Fox Rothschild said.
By Zack Needles | Alaina Lancaster | February 17, 2023
This week's episode of Law.com's Legal Speak was recorded live on location in New York City following Law.com's recent webinar, "The Crypto Landscape: Post-FTX." It features a chat with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.
New York Law Journal | Commentary
By Jennifer L. Achilles, Amelia Clegg and Christopher Sicuranza | February 17, 2023
Many employees use additional apps to do their jobs that their companies do not know about and cannot track. This has caused a huge compliance problem, particularly for regulated financial firms that are obligated to keep records of their business activities, writes contributors Jennifer L. Achilles, Amelia Clegg and Christopher Sicuranza.
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