New York Law Journal | Analysis
By Anthony E. Davis | January 22, 2021
A recent ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 496, examines the options available to lawyers when confronted with what it describes as the "regular" occurrence of the phenomenon that "[c]lients, opposing parties, and others are increasingly taking to the Internet to express their opinions of lawyers they have encountered." In this edition of his Professional Responsibility column, Anthony E. Davis discusses the principal conclusions in the Opinion, and the lessons it, and NYSBA Formal Opinion 1032 on the same topic, holds for New York lawyers.
New York Law Journal | Analysis
By Jeffrey N. Rosenthal and David J. Oberly | January 21, 2021
Known as the New York Biometric Privacy Act, the bill—if enacted—would impose significant compliance burdens on companies handling biometric data. More importantly, the bill, which provides for a private right of action, would likely bring with it a tsunami of class action litigation akin to that seen with BIPA since 2019.
New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | January 12, 2021
In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on several recent cases in New York federal courts that addressed the unsettled question of whether news organizations and other publishers infringe an author's rights by embedding social media posts containing copyrighted photographs.
By Peter Brown | January 11, 2021
In response to increasing regulatory constraints, some of the Internet's largest companies have created large aggregations of user data into "Walled Gardens" and data "Clean Rooms" where advertisers can test and target their messaging without violating the privacy of the data subjects. In his Technology Law column, Peter Brown explains how these large pools of data further the goals of the advertising industry without violating the increasingly strict national privacy regimes.
New York Law Journal | Analysis
By John C. Browne and Jeremy P. Robinson | December 29, 2020
In this article, the authors note the COVID-related rise to prominence of video depositions, outline various key considerations and argue for their continued relevance in a post-quarantine world.
New York Law Journal | Analysis
By Peter A. Crusco | December 21, 2020
This article addresses the significant issues concerning the "without authorization" element of the CFAA as illuminated by 'Van Buren' and comments on how the New York Court of Appeals dealt with a similar issue with respect to New York state's own computer trespass statute.
New York Law Journal | Analysis
By Antonia Savaria and Caroline A. Morgan | December 18, 2020
This is the final part of a trilogy of articles about fictional FinTech startup NoDoubt Crypto and its journey through regulatory, legislative and enforcement review adventures.
New York Law Journal | Analysis
By Milton Springut | December 10, 2020
As the increased use of new technologies, such as Zoom, become more popular, the security challenges become more pressing. This article discusses the challenge of securing trade secrets in a remote, work-from home environment.
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | November 30, 2020
The Sedona Conference has offered updated and useful resources that address the realities of modern e-discovery practice, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column.
New Jersey Law Journal | Commentary
By Legal Marketing Beacon | November 19, 2020
Here is a look at just 10 of the top trends we are seeing in law firm and attorney marketing—ranging from media relations to search, from photography to graphic design.
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