New York Law Journal | Analysis
By Shari Claire Lewis | December 14, 2020
In her Internet Issues/Social Media column, Shari Claire Lewis writes: The breadth of recent cyber incidences reflects more than just the problems of securing work-from-home technology, interference with Zoom conference calls, and system vulnerabilities that existed even before COVID-19. Indeed, they essentially are a 2021 blueprint for the kinds of privacy issues that companies may best be advised to focus on, and that legislators and regulators in New York and elsewhere across the country may seek to address.
By Jeffery Commission and Giulia Previti | November 20, 2020
Although legal analytics are well established in U.S. litigation, it is a relatively new development in international arbitration but is likely to increase on an exponential basis in years to come.
By Amanda Bronstad | August 4, 2020
As the political debate deepens over who should own TikTok, the U.S. Judicial Panel on Multidistrict Litigation sent nearly 20 privacy class actions against the Chinese-based media app to Illinois, which has one of the strictest laws protecting biometric data.
New York Law Journal | Commentary
By Jeff Pfeifer | May 21, 2020
Here are just a few of the data-related activities that firms are currently engaged in to meet client demand.
By Keara Gordon, Jim Halpert, Colleen Carey Gulliver and Caroline Fish | May 8, 2020
A business should carefully consider whether and how the inadvertent disclosure exemption applies and think through potential litigation risks before invoking the exemption.
By David Jacoby and Linda V. Priebe | May 8, 2020
It may be a while before law enforcement can devote attention to the broadened scope of data breach liability under the new NY SHIELD (Stop Hacks and Improve Electronic Data Security) Act. Then again, it might not.
By Eric B. Stern and Andrew A. Lipkowitz | May 8, 2020
This article examines the SHIELD Act, and the requirements it imposes on businesses. It also discusses the current state of the law regarding the insurability of civil fines and penalties in New York, and its implications on whether coverage would be permitted for penalties imposed under the SHIELD Act.
New York Law Journal | Analysis
By Peter A. Halprin and Jacquelyn M. Mohr | April 20, 2020
While COVID-19 has plagued the world with deaths and forced more than a billion people to stay at home, cyber criminals have not exited the scene. Instead, they are exploiting the vulnerabilities of people working at home and launching attacks on COVID-19-related medical facilities. In their Cyber Crime column, Peter Halprin and Jacquelyn Mohr demonstrate that policyholders have a path to insurance recovery under policies in addition to cyber insurance policies.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 6, 2020
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss a recent case in which the court conducted a comity analysis and issued a decision that confirmed the value of a protective order when producing names and positions in response to a discovery request—information considered benign by U.S. discovery standards, but protected under international data privacy laws.
New York Law Journal | Analysis
By F. Paul Greene | March 31, 2020
A hallmark of U.S. administrative law is that policy decisions are made by the Legislature, with gaps filled in via regulation. Administrative agencies are given discretion and courts show special deference to an agency's area of expertise. In the arena of data protection, this separation of powers is being put to the test and causing confusion for businesses seeking to comply with data protection duties.
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