New York Law Journal | Analysis
By Sarah Eichenberger, Nicholas Goldin and Jonathan Kaplan | March 22, 2021
This article provides an overview of the recent case law and some approaches companies might take to maximize the protection of cyber reports from third-party disclosure.
Daily Business Review | Commentary
By Geoff Lottenberg | March 22, 2021
HB969 very closely tracks the language of the California Consumer Privacy Act of 2018 (CCPA), which has received substantial praise from data protectionists, and similar to Europe's General Data Protection Regulation (GDPR).
New York Law Journal | Analysis
By Kenneth M. Breen and Phara A. Guberman | March 19, 2021
The John McAfee case and the expected upcoming congressional task force on cryptocurrencies are likely to provide the market with more clarity on how coins and projects will be treated in investigations, including whether they can be treated as securities or commodities and the relative roles of the SEC and CFTC.
New York Law Journal | Analysis
By Robert A. Schwinger | March 8, 2021
Recent U.S. enforcement activity illustrates how the government is taking strong action against persons involved with misuses of cryptocurrency in order to meet this threat and deter others.
New York Law Journal | Analysis
By Lisa H. Bebchick, Shannon Capone Kirk, and Anne Conroy | February 24, 2021
A review of regulatory guidance concerning the retention of communications sent by text such as SMS and messaging apps like WhatsApp and GroupMe. The article also looks at recent enforcement activity involving these types of communications and concludes with some practical steps broker-dealers may consider to enhance compliance.
New Jersey Law Journal | Commentary
By Bari Weinberger | February 22, 2021
With digital evidence critical in so many family law proceedings, and with deepfake technology becoming easier for anyone to access, it's a given that this form of advanced digital trickery is something family law attorneys must be prepared to confront.
New York Law Journal | Analysis
By Peter Brown | February 8, 2021
This article will review the key steps to follow for a successful implementation of an ethical AI system. The critical role of lawyers in this process will be highlighted.
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.
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