New York Law Journal | Analysis
By William F. Johnson | March 6, 2024
This article examines the SEC's no-admit/no-deny rule through the lens of the SEC's recent denial of a request to modify the rule filed by an external advocacy organization and concludes that the SEC should have given more consideration to amending the rule.
New York Law Journal | Analysis
By Timothy M. Tippins | March 6, 2024
In his Matrimonial Practice column, Timothy M. Tippins discusses a recent ex cathedra assault on due process that should evoke concern, if not outrage, from the entire profession.
New York Law Journal | Analysis
By Patrick M. Connors | March 6, 2024
In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
New York Law Journal | Analysis
By Matthew Richardson and Morgan Jones | March 5, 2024
Responding to data breaches involving personal data from across the globe has many moving pieces and specific timing requirements. These pieces must be in place and fit together in order for the incident response process to work as seamlessly as the client expects.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | March 5, 2024
Because "mootness is a doctrine related to subject matter jurisdiction," it may be raised at any point in the litigation, and will be raised by the court on its own motion whenever it detects a potential mootness issue. The parties to an appeal should therefore notify the court whenever a change in circumstances may render an appeal moot.
New York Law Journal | Analysis
By Michael Bongiorno, Susan Muck, Timothy Perla, Jessica Lewis and Megan Barriger | March 4, 2024
In March 2020, the Delaware Supreme Court issued a landmark ruling in 'Salzberg v. Sciabacucchi'. This article addresses developments that have occurred over the past four years since the ruling and highlights key takeaways for practitioners.
New York Law Journal | Analysis
By Martin A. Schwartz | March 4, 2024
Fourth Amendment law provides that police use of force during an arrest, stop or other seizure must be reasonable. Despite the seemingly straightforward nature of the reasonableness standard, §1983 excessive force claims often generate many difficult issues. The recent decision in 'Sabbe v. Washington County Board of Commissioners' illustrates some of these issues.
New York Law Journal | Analysis
By Mark A. Berman | March 4, 2024
Given the prevalence of spoofing, phishing, hacking and ransomware attacks, all businesses need to have appropriate cybersecurity insurance. But, will it cover you when the attack hits and for what? Sometimes yes, sometimes no and sometimes maybe!
By Isha Marathe | March 1, 2024
OpenAI hit back at the New York Times, seeking to dismiss four of its seven copyright infringement claims. Not all are convinced its arguments will carry weight.
New York Law Journal | Analysis
By Jennifer J. Daniels and Philip N. Yannella | March 1, 2024
In this article, Jennifer J. Daniels and Philip N. Yannella discuss some of the key rules of professional conduct for attorneys to be mindful of in the midst of a breach response.
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