March 06, 2024 | New York Law Journal
CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
By Patrick M. Connors
13 minute read
March 05, 2024 | New York Law Journal
When Global Reach Can Mean Global BreachResponding to data breaches involving personal data from across the globe has many moving pieces and specific timing requirements. These pieces must be in place and fit together in order for the incident response process to work as seamlessly as the client expects.
By Matthew Richardson and Morgan Jones
8 minute read
March 05, 2024 | New York Law Journal
The Mootness DoctrineBecause "mootness is a doctrine related to subject matter jurisdiction," it may be raised at any point in the litigation, and will be raised by the court on its own motion whenever it detects a potential mootness issue. The parties to an appeal should therefore notify the court whenever a change in circumstances may render an appeal moot.
By Thomas R. Newman and Steven J. Ahmuty Jr.
9 minute read
March 04, 2024 | New York Law Journal
Four Years In: How Federal Forum Selection Clauses Have Fared Following Delaware's Landmark Decision in 'Salzberg'In March 2020, the Delaware Supreme Court issued a landmark ruling in 'Salzberg v. Sciabacucchi'. This article addresses developments that have occurred over the past four years since the ruling and highlights key takeaways for practitioners.
By Michael Bongiorno, Susan Muck, Timothy Perla, Jessica Lewis and Megan Barriger
10 minute read
March 04, 2024 | New York Law Journal
The Deadly Force 'PIT Maneuver' CaseFourth Amendment law provides that police use of force during an arrest, stop or other seizure must be reasonable. Despite the seemingly straightforward nature of the reasonableness standard, §1983 excessive force claims often generate many difficult issues. The recent decision in 'Sabbe v. Washington County Board of Commissioners' illustrates some of these issues.
By Martin A. Schwartz
13 minute read
March 04, 2024 | New York Law Journal
Does Your Insurance Fully Cover a Cyber Attack? Maybe Yes, Maybe No!Given the prevalence of spoofing, phishing, hacking and ransomware attacks, all businesses need to have appropriate cybersecurity insurance. But, will it cover you when the attack hits and for what? Sometimes yes, sometimes no and sometimes maybe!
By Mark A. Berman
11 minute read
March 01, 2024 | New York Law Journal
Minding Integrity in the Face of Calamity: Professional Rules of Ethics for Counsel Responding to a Cybersecurity CrisisIn this article, Jennifer J. Daniels and Philip N. Yannella discuss some of the key rules of professional conduct for attorneys to be mindful of in the midst of a breach response.
By Jennifer J. Daniels and Philip N. Yannella
8 minute read
March 01, 2024 | New York Law Journal
Breaking Down Cybersecurity-Related Regulatory Developments for Registered Investment AdvisersThis articles discusses the SEC's proposed cybersecurity rules and their potential impact on registered investment advisors. The authors also provide tips on how to protect against cybersecurity risks for private fund managers, broker/dealers and registered investment advisory firms.
By Fizza Khan and Kyle Blair
8 minute read
March 01, 2024 | New York Law Journal
Data Privacy and Data Minimization in the US: Managing Data Risk in the Real WorldAs U.S. regulators begin to enforce the concept of data minimization for the protection of personal information, the age of unfettered data retention is coming to an end. Various states have enacted or will be enacting privacy laws that give consumers more control over the use of their data by businesses.
By Therese Craparo and Sarah Bruno
9 minute read
March 01, 2024 | New York Law Journal
Artificial Intelligence and the Law: Deepfakes, Privacy and the Ethics of LiabilityThis article aims to provide lawyers with an overview of the legal battles approaching AI and deepfake technology, including emerging litigation, developer liability, unintended consequences and ethical considerations.
By Daniel S. Marvin and Ashley Pusey
8 minute read
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