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April 09, 2024 | New York Law Journal

Searching for Yes: Defining Consent in Website Data Processing and Online Litigation

Liability under state WESCA claims turns on whether there was there an interception of a communication (and if so, where that interception took place), and whether the party whose communication was intercepted had granted consent. This article focuses on the third element—consent.
7 minute read
April 02, 2024 | New York Law Journal

The Year of Cyber Disclosures: Navigating the SEC's New Rules

In December, the SEC's new cybersecurity rules went into effect, requiring detailed reporting by public companies regarding cybersecurity risk management, strategy, governance and—perhaps most notably—incidents. This article offers a practical guide to navigating the new disclosure requirements and an overview of how some companies have already begun to respond, as well as analysis of the SEC's rule in the context of a broader trend of regulatory reporting requirements
10 minute read
March 29, 2024 | New York Law Journal

NY Cybersecurity Rules to Require Financial Services Firms to Report Reasons for Noncompliance

The new rules, set to come into effect on April 15, have prompted a conversation over how DFS will approach their enforcement.
5 minute read
March 28, 2024 | New York Law Journal

Treasury Warns of AI's Threat to Financial Sector, Says Cyberattackers 'Outpacing' Defenses

"As access to advanced AI tools becomes more widespread, it is likely that, at least initially, cyberthreat actors utilizing emerging AI tools will have the advantage," the department reported.
3 minute read
March 26, 2024 | New York Law Journal

'Too Speculative': US Judge Throws Out Data Breach Suit Against Ally Financial

Ally, through its attorneys at Simpson Thacher & Bartlett, moved to dismiss the original complaint, saying its response was successful.
3 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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March 22, 2024 | New York Law Journal

Attorney Launches New Firm With Former Client Who Faced High-Profile Revenge Porn Attack

In addition to handling tech abuse matters, the new firm has a cybersecurity practice and takes cases involving prisoner's rights, consumer protection and elder abuse.
4 minute read
March 21, 2024 | New York Law Journal

8 Firms Facing Off in SDNY Class Action Suit Against Chinese Ride-Hailing Service

Quinn Emanuel, Skadden, Wilson Sonsini, Sullivan & Cromwell, Gibson Dunn and O'Melveny are all representing parties in the lawsuit.
3 minute read
March 05, 2024 | New York Law Journal

When Global Reach Can Mean Global Breach

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.
8 minute read
March 04, 2024 | New York Law Journal

Does Your Insurance Fully Cover a Cyber Attack? Maybe Yes, Maybe No!

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!
11 minute read
March 01, 2024 | New York Law Journal

Deep Fakes Causing Real Harms: Time to Take Action

A greater public awareness is needed about the harmful and inflammatory impact deep fake audio and video imagery can have on our society, and the risks associated with reputational attacks on our public and private institutions.
6 minute read

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