New York Law Journal | Analysis
By Shannon Wilkinson | November 19, 2021
Attorneys are among those whose names, work and reputations may be attacked by deep fakes, online defamation and domain squatting.
New York Law Journal | Analysis
By Rebecca L. Rakoski and Patrick D. Isbill | November 10, 2021
Cybersecurity and data privacy's arc is at its three-quarter turn, having gone from a pure IT issue only five years ago to the inclusion of legal with the passage of constantly evolving state regulatory laws and now the forecasted extension of those laws—enforcement. The final turn will be the passage of a uniform federal law to tie this current patchwork together.
New York Law Journal | Analysis
By Peter Brown | November 8, 2021
This article reviews a recent initiative by the White House Office of Science and Technology to gather information and public opinion on the deployment of artificial intelligence.
New Jersey Law Journal | Commentary
By Jonathan Bick | November 1, 2021
A 'non-fungible token' is a crypto asset that represents or points to an asset that is either digital or physical. NFTs for tangible assets give rise to a range of novel liability questions and associated costs.
New York Law Journal | Analysis
By Peter A. Crusco | October 25, 2021
The nascent case law in this area generally discloses that when a criminal case involves significant document disclosure by the prosecution, the defense may be well advised to seek an order compelling the government to identify and "designate in its discovery production all 'Brady' material."
New York Law Journal | Analysis
By Shari Claire Lewis | October 18, 2021
In this edition of her Internet Issues/Social Media column, Shari Claire Lewis discusses a decision that offers support for the view that the websites of businesses with no public-facing, physical retail operations are not included in the ADA's definition of "public accommodations," and, therefore, that these businesses need not undergo the time and expense of making their websites ADA-compliant.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | October 13, 2021
Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.
New York Law Journal | Analysis
By Peter Brown | October 12, 2021
A recent Third Circuit case considered the liability issues when an unauthorized security camera image goes viral on the Internet.
New York Law Journal | Analysis
By Anthony E. Davis | September 30, 2021
In this edition of his Professional Responsibility column, Anthony E. Davis examines Formal Opinion 499 (Passive Investment in Alternative Business Structures) just issued by the ABA's Standing Committee on Ethics and Professional Responsibility. He looks at the Opinion from two perspectives: what (limited) progress it represents in addressing the need to reform the regulatory system governing lawyers; and what it leaves undone, hopefully to be addressed another day.
New York Law Journal | Analysis
By Jonathan D. Hauptman | September 29, 2021
While there are many benefits to the shift to paperless practice (which for many New York attorneys already pre-dates COVID-19), there are some habits that are worth mentioning specifically on account of their benefits/contributions to the efficient and economical practice of law in New York state.
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