Adam Cohen

Adam Cohen

May 31, 2019 | New York Law Journal

A Line in the Clouds: Whose Cybersecurity Goes Where?

The problem involved with assessing and addressing fair allocation of cybersecurity responsibilities, in a new kind of commercial relationship with interactive, interconnected and interdependent IT products and services, reflects the need for lawyers to evolve if they aspire to competently serve enterprise clients.

By Adam Cohen and Ambre McLaughlin

8 minute read

May 19, 2015 | Legaltech News

Looking for a Foothold on Cybersecurity?

The National Institute of Standards and Technology framework provides traction.

By Adam Cohen and Norman Comstock

9 minute read

May 19, 2015 | Legaltech News

Looking for a Foothold on Cybersecurity?

The National Institute of Standards and Technology framework provides traction.

By Adam Cohen and Norman Comstock

9 minute read

March 13, 2014 | Inside Counsel

Electronic discovery to the Nth degree: ESI in cyber breach incidents

Networks, especially when Internet connectivity is involved, can be astoundingly complex, involving an array of devices, protocols, logs and systems that make ordinary e-discovery look like childs play.

By Adam Cohen

4 minute read

February 18, 2014 | Inside Counsel

Commenting on the comments to the proposed amendments to the Federal Rules of Civil Procedure

A review of the many comments filed in response to the proposed amendments to the FRCP starkly demonstrates that there is a lot at stake and that the proposed amendments are not merely slight tweaks to civil procedure of concern only to lawyers.

By Adam Cohen

5 minute read

December 12, 2013 | Inside Counsel

Cybersecurity and the specter of litigation

Awareness of the evolving application of statutory and common law to cybersecurity is essential to responsibly addressing enterprise risk.

By Adam Cohen

9 minute read

November 06, 2013 | Inside Counsel

Bar reaction to proposed FRCP amendments

As the largest bar association in the nation, the New York State Bar Associations opinion on the law is entitled to some weight.

By Adam Cohen

12 minute read

October 11, 2013 | Inside Counsel

The legal counselors’ role in cybersecurity response

Given enough time and resources, any system can and will be breached, and therefore a pre-planned e-discovery process directed at cyber breaches is essential.

By Adam Cohen

5 minute read

September 13, 2013 | Inside Counsel

Proportionality, text messages and smartphones on appeal

Applying the principle of proportionality to preservation of electronically stored information (ESI) is gaining traction, as witnessed by recent court opinions, thought leadership and even proposed amendments to the Federal Rules of Civil Procedure.

By Adam Cohen

9 minute read

August 09, 2013 | Inside Counsel

Sekisui Am. Corp. v. Hart: The elusiveness of the adverse inference

While there should be no question that there may be serious consequences for destroying evidence subject to legal preservation obligations, there are no bright lines showing how specific instances of spoliation map to specific sanctions.

By Adam Cohen

9 minute read