New York Law Journal | Expert Opinion
By James J. Beha II | October 18, 2023
The U.S. Supreme Court is set to decide whether shareholders can sue for alleged failures to comply with Item 303's disclosure requirements. In 'Macquarie Infrastructure Corp. v. Moab Partners, L.P,' the court will decide whether private plaintiffs can import Item 303's broad, subjective disclosure requirements into a Rule 10b-5 private securities fraud claim. The court's resolution of this issue could have a significant effect on the scope of public companies' potential liability for alleged securities fraud.
New York Law Journal | Commentary
By Ioana Good | October 17, 2023
AI cannot be ignored. But before everyone dives in and starts using AI tools in their everyday workflow, it is important to have an internal policy that outlines what, when, how, and why AI should be used.
By Jeanne R. Solomon, William E. H. Quick and Adam J. Greene | August 8, 2023
The authors provide an outline of New York's "LLC Transparency Act" and provides a comparison with the Federal Corporate Transparency Act, highlighting their contrasting features.
New York Law Journal | Expert Opinion
By Amanda R. Griner and Deborah M. Isaacson | June 16, 2023
A number of states across the country have passed laws focused on regulating the commercial use of facial recognition and other biometric information technologies. Here in New York, bills were introduced in January and February relating to biometric privacy. Most importantly, on May 18 the Federal Trade Commission (FTC) issued the policy statement "Biometric Information and Section 5 of the Federal Trade Commission Act." After briefly reviewing the current developments, this article delves into the policy statement and the implications for businesses in New York and elsewhere.
By Dan Roe | April 12, 2023
A Q&A with Dan Nardello, CEO of a global investigations firm Nardello & Co., on the business and ethics of working for law firms on highly contentious matters.
New York Law Journal | Commentary
By Irwin S. Izen | March 6, 2023
Whether in the cloud or on a server, whether stored on-premises or remotely, client data is out there, exposed. Protecting this data has become statutory and regulatory as hackers prey on accessing such data.
New York Law Journal | Analysis
By Daniel J. Altieri and F. Paul Greene | March 1, 2023
With all the focus on artificial intelligence lately, this article provides a deep dive into incident response preparation and the importance of developing actual intelligence (of actual humans!). Conducting regular table-top drills can help to expand the knowledge of incident responders and strengthen the company's incident response.
By Cassandre Coyer | January 24, 2023
An investigation into SCOTUS's IT policies found that it is "too easy to remove sensitive information from the building and the court's IT networks." Such a problem, however, isn't just limited to the nation's highest court.
New York Law Journal | Analysis
By Matthew L. Levine | January 24, 2023
This article discusses a specific disclosure requirement for a critical self-reporting obligation under what is known as "Part 500", the DFS Cybersecurity Regulation. It also addresses the consequences of failing to follow DFS self-reporting requirements, as revealed in recent DFS enforcement actions, and concludes with some general guidance on self-disclosure for DFS practitioners and regulated entities.
New York Law Journal | Analysis
By Chris McDonough and Cory H. Morris | December 5, 2022
This article discusses the current state of electronic transmission and communication impacting lawyers, and the potential ethical concerns over these new methods of attorney-to-attorney and attorney-to-court communications.
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