New York Law Journal | Analysis
By Joel R. Brandes | May 3, 2024
In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court.
New York Law Journal | Analysis
By Daniel S. Marvin | May 3, 2024
This article explores the cause of the rapid increase in privacy litigation, the challenges these cases bring and what the future may hold.
New York Law Journal | Analysis
By Aravind Swaminathan, Joseph C. Santiesteban, Bradley A. Marcus and Benjamin Hutten | May 3, 2024
To protect executives on the front lines of cybersecurity incidents, companies should be alert to the issues discussed below and consider implementing best practices aimed at reducing the potential liability of key stakeholders.
New York Law Journal | Analysis
By Stephen Breidenbach | May 3, 2024
Given the lack of clarity of how GenAI operates and the likelihood that further risks will emerge as usage becomes more widespread, it is imperative that attorneys and their clients adopt proactive measures to safeguard against the inherent risks presented by these technologies.
New York Law Journal | Analysis
By Melanie L. Cyganowski, Erik B. Weinick and Alexandra Cosio-Marron | May 3, 2024
Cyberattacks are on the rise. On a daily basis, malicious actors use emails or text messages to try and trick individuals into providing sensitive information. Importantly, a litigation-based remedy is available to blunt attacks implemented using a domain name created to cause confusion with the intended victim's actual domain name.
New York Law Journal | Analysis
By Rob Kantrowitz, Sunil Shenoi, Micah Desaire and Xiaorui Yang | May 3, 2024
This article provides an overview of the health care sector's growing cybersecurity risks, best practices for helping prevent or mitigate cyberattacks and best practices for responding to incidents and mitigating health care organizations' risk of enforcement actions and litigation.
New York Law Journal | Analysis
By C. Raymond Radigan and Jessica M. Baquet | May 3, 2024
Every Surrogate's Court case is a special proceeding for which there is a presumption that no right to a jury trial exists. There is, however, a limited subset of a cases in which a Surrogate's Court proceeding may be tried to a jury.
New York Law Journal | Analysis
By Aidan P. O'Connor and Daniel Cohen | May 3, 2024
President Biden signed a law that bans TikTok in the United States unless ByteDance divests itself from the United States within the next 12 months. If the Chinese government continues to block the sale and the ban ensues, Americans and American companies will have to ask what happens when the server host permits you to access their computer per their terms of service, but the government—a third party to the relationship—does not.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | May 2, 2024
Campaign contributions can reflect genuine support for a candidate's positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe?
New York Law Journal | Analysis
By Richard S. Fries | May 2, 2024
Today's commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well-known. Less well known is possibly the surest solution in this down cycle. This is a method to right-size commercial real estate loans where the value of the underlying real estate is so much lower than it was only a few years ago.
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