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Appellate Division, First Department:April 9, 2020
Uncertainty Surrounds Privacy Compliance, Enforcement With NY SHIELD Act
New York's SHIELD Act went into effect on March 21, but some businesses may still be trying to get their house in order while questions linger around just how strong enforcement will be.Facing Uncertainty, Law Firms Seek Credit, Brace for Less M&A
At least one law firm in New York has laid off some staff. Many firms are seeking credit and anticipating a dealmaking downturn.Remote Computing: Cyber Protection From Home
Lawyers cannot let their guard down when they are using the shared family laptop while working from home in sweats.The Tool Kit for Commercial Division Litigators
The New York Commercial Division Practice Guide is a must-have resource for commercial litigators in New York.Cybersecurity 'Hygiene' for Lawyers
In his State E-Discovery column, Mark A. Berman writes: The prevalence of "hacking," "ransomware" and "phishing" attacks, scams and other unauthorized digital intrusions demonstrates the need to use reasonable and appropriate technology to safeguard confidential and privileged information.Appellate Division, First Department:February 20, 2020
Email Spoliation Sanctions: Timing Is Everything
In his State E-Discovery column, Mark A. Berman discusses spoliation sanctions, writing that counsel should consider crafting the proposed specific relief and not leave it to the court to craft its own adverse order.Social Media, Jurors and Jury Instructions
In his State E-Discovery column, Mark A. Berman uses the recent decision in 'People v. Neulander' as a basis for his discussion of the significance of a juror's improper use of social media, which can rock the foundation of a party's right to a fair trial. He touches upon the various ethical and privacy issues that are tangled into the issue.Appellate Division, First Department: September 26, 2019
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