Joseph V Demarco

February 28, 2020 | New York Law Journal

The proposed New York Privacy Act (NYPA), currently pending before the state legislature, could significantly contribute to the trend of stronger state data privacy laws appearing nationwide.

By Joseph V. DeMarco

8 minute read

July 06, 2015 | New York Law Journal

Joseph V. DeMarco and Urvashi Sen write that with all the media and legislative focus on data breaches affecting consumers, it is easy to understand why such breaches generally receive companies' best thinking and resources. But data privacy breaches that are not directly consumer-facing privacy concerns—so-called "business to business" breaches—are also sources of potential damage, and companies can go a long way toward protecting themselves from them by implementing two simple, yet critical, measures.

By Joseph V. DeMarco and Urvashi Sen

12 minute read

July 02, 2015 | New York Law Journal

Joseph V. DeMarco and Urvashi Sen write that with all the media and legislative focus on data breaches affecting consumers, it is easy to understand why such breaches generally receive companies' best thinking and resources. But data privacy breaches that are not directly consumer-facing privacy concerns—so-called "business to business" breaches—are also sources of potential damage, and companies can go a long way toward protecting themselves from them by implementing two simple, yet critical, measures.

By Joseph V. DeMarco and Urvashi Sen

12 minute read

May 22, 2012 | New York Law Journal

Joseph V. DeMarco, a partner at DeVore & DeMarco, writes that a recent Second Circuit decision, which wrestled with questions about the intangibility of code and whether internal business software can qualify as a "product," will likely have a significant impact on the federal government's ability to prosecute data theft, particularly to cases involving purely digital misconduct, with its small and "eco-friendly" carbon footprint.

By Joseph V. DeMarco

13 minute read

May 13, 2011 | Legaltech News

Bypassing legal structures and requirements for monitoring a company's internet activity, the FBI and other government agencies have been approaching corporations directly with a request to install a device onto corporate internet servers. There are a number of hard questions and issues that company management must answer before granting any law enforcement agency this right.

By Joseph V. DeMarco and Amin Kassam

11 minute read

May 12, 2011 | New York Law Journal

Joseph V. DeMarco and Amin Kassam of DeVore & DeMarco write that although there are benefits to allowing law enforcement to monitor a company's network activity, especially when the request is precipitated by a cyberattack, there are a number of hard questions on system protection, the surveillance's scope and legality and inadverent disclosure that company management must ask and answer before agreeing.

By Joseph V. DeMarco and Amin Kassam

11 minute read