New York Law Journal | Analysis
By Peter Brown | October 12, 2021
A recent Third Circuit case considered the liability issues when an unauthorized security camera image goes viral on the Internet.
New York Law Journal | Analysis
By Anthony E. Davis | September 30, 2021
In this edition of his Professional Responsibility column, Anthony E. Davis examines Formal Opinion 499 (Passive Investment in Alternative Business Structures) just issued by the ABA's Standing Committee on Ethics and Professional Responsibility. He looks at the Opinion from two perspectives: what (limited) progress it represents in addressing the need to reform the regulatory system governing lawyers; and what it leaves undone, hopefully to be addressed another day.
New York Law Journal | Analysis
By Jonathan D. Hauptman | September 29, 2021
While there are many benefits to the shift to paperless practice (which for many New York attorneys already pre-dates COVID-19), there are some habits that are worth mentioning specifically on account of their benefits/contributions to the efficient and economical practice of law in New York state.
New York Law Journal | Analysis
By Stephen M. Kramarsky and John Millson | September 20, 2021
Does a place of "public accommodation" under the Americans With Disabilities Act require a "physical place"? The court in a recent case had to grapple with application of a statute drafted before the modern Internet to a rapidly evolved (and evolving) digital landscape.
New York Law Journal | Analysis
By Brian Graifman | September 15, 2021
In this Arts & Crafts of Litigation column, Brian Graifman addresses hyperlinking: why now (electronic filing, new rules, and the pandemic), how, and how it has heralded a new method for crafting civil motions.
New York Law Journal | Analysis
By Peter Brown | September 13, 2021
The decision in 'Winegard' should give some comfort to lawyers counseling or defending independent websites, bloggers, and similar entities.
New York Law Journal | Analysis
By Katherine B. Forrest | August 30, 2021
There is not one answer to whether AI-created audio clips are good or bad—they can be both. The harder questions are how—or whether—we can control what someone "says we said" after our own death.
New York Law Journal | Analysis
By Peter A. Crusco | August 23, 2021
In this edition of his Cyber Crime column, Peter A. Crusco discusses a case stemming from the January 6th assault on the Capitol, which involved the government's possession of, and the admissibility, of the defendant's own helmet camera digital video evidence of the events.
New York Law Journal | Analysis
By Shari Claire Lewis | August 16, 2021
A New York City law that took effect early last month is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments doing business in New York City. In this edition of her Internet Issues/Social Media, Shari Claire Lewis explores the law and its implications.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | August 2, 2021
In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that serves as a reminder of the fundamental importance of proportionality post-2015, when allowable discovery is not determined by relevance alone.
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