New York Law Journal | Analysis
By Chris Dunn | May 31, 2023
The First Amendment may limit the extent to which government officials can block from their accounts members of the public who post comments critical of the officials. Social media blocking is burgeoning—at the NYCLU we now receive many complaints about this practice every month—and the federal appellate courts are just starting to grapple with the constitutional issues it raises.
New York Law Journal | Analysis
By Joel G. MacMull | May 18, 2023
By developing a consciousness for these potential pitfalls, the hope is that lawyers (and other service providers) can use AICGs to significantly aid, but not substitute for, their ethical (and perhaps moral) responsibilities to their clients. This article seeks to raise awareness among practicing lawyers where it otherwise may be lacking.
By Joel Cohen | May 9, 2023
One supposes that criminal lawyers are often dentist-like in their professional undertakings— trying to "extract" truth from clients, witnesses and even prosecutors. Are we, however, immune from substitution by designated hitters who can hit the ball out of the park digitally?
By Christopher Boehning and Daniel J. Toal | April 3, 2023
ESI protocols still remain a thorny issue on "both sides of the v." A recent decision helps illustrate this, where, in a discovery dispute over what was actually agreed to in an ESI protocol, a court ordered a party to proceed with a manual document-by-document review of search hits.
New York Law Journal | Analysis
By Peter Brown | October 7, 2022
Two states, Texas and Florida, enacted legislation to control social media companies' discretion in removing controversial political, medical and opinion speech. Both sets of laws were subject to immediate legal challenges and this column has followed the progress of these litigations.
By Patrick Hammon | August 25, 2022
Just like the Secret Service text messages concerning the Jan. 6 insurrection, deleted communications may be perfectly innocuous, but the act of deletion may be more concerning than the underlying data itself.
New York Law Journal | Analysis
By Karen R. King and Alexander M. Levine | August 17, 2022
The Robinhood Crypto order is the first major cryptocurrency-related enforcement action by DFS. It is consistent with increased attention by DFS on the industry in the last year.
Daily Report Online | Commentary
By Shari L. Klevens and Alanna Clair | August 15, 2022
Although the American Bar Association (ABA) Model Rules of Professional Conduct permit lawyers to practice virtually, lawyers are still obligated to comply with their ethical responsibilities when operating virtual law offices.
New York Law Journal | Analysis
By Shari Claire Lewis | August 15, 2022
Challenges to the Florida and Texas laws—and to similar laws that may be enacted elsewhere in the country—undoubtedly are destined to be finally resolved by the Supreme Court.
New York Law Journal | Analysis
By Peter Brown | August 8, 2022
While passage of any legislation immediately prior to midterm elections is difficult, the bi-partisan American Data Privacy and Protection Act may prove to be an exception. This article provides an overview of the ADPPA's key provisions and compare it to some of the current state statutes.
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