Matthew L Levine

Matthew L Levine

January 24, 2023 | New York Law Journal

Self-Reporting Misconduct to NYDFS: It's Not Your 'Monaco Memo' (Part Two)

This article discusses a specific disclosure requirement for a critical self-reporting obligation under what is known as "Part 500", the DFS Cybersecurity Regulation. It also addresses the consequences of failing to follow DFS self-reporting requirements, as revealed in recent DFS enforcement actions, and concludes with some general guidance on self-disclosure for DFS practitioners and regulated entities.

By Matthew L. Levine

11 minute read

November 29, 2022 | New York Law Journal

Self-Reporting Misconduct to NYDFS: It's Not Your 'Monaco Memo' (Part One)

This first article in a two-part series discusses a number of important self-reporting requirements for entities supervised by the New York State Department of Financial Services (DFS) with a focus on banking organizations, money service businesses, cryptocurrency firms, and insurance companies.

By Matthew L. Levine

12 minute read

April 15, 2022 | New York Law Journal

NYDFS Enforcement Roundup: Cryptocurrency, Cybersecurity, and Targeting Insurance Companies

This article provides a discussion of New York State Department of Financial Services' enforcement priorities since the beginning of 2021, and as they have evolved under the new DFS administration, along with what might be expected in the near term.

By Matthew L. Levine

11 minute read

November 24, 2021 | New York Law Journal

Biden Administration Increasingly Focused on Crypto Exchanges

The Biden Administration has increasingly focused on cryptocurrency exchanges by ramping up its monitoring and enforcement across various agencies. This article will review some recent developments at these regulatory and prosecutorial agencies.

By Ilene Jaroslaw and Matthew L. Levine

9 minute read

June 07, 2021 | New York Law Journal

Cybersecurity Enforcement Activity From NYDFS Fashions Regulatory Expectations and Suggests More Enforcement Is To Come

Cybersecurity remains an important policy objective for Governor Cuomo and DFS, and regulated entities and cybersecurity practitioners are likely to see a good deal more action flow from DFS before 2021 is done.

By Matthew L. Levine

11 minute read

January 06, 2020 | New York Law Journal

Anticipating the First Cybersecurity Enforcement Action by NYDFS

A number of traditional factors that animate decisions about enforcement point to a likelihood in the near term of an enforcement proceeding against one or more regulated entities for a violation of the DFS cybersecurity regulation, known as "Part 500."

By Matthew L. Levine

8 minute read

February 04, 2013 | New York Law Journal

With Expansion of Economic Espionage Act, Will More Prosecutions Follow?

Matthew L. Levine, principal in the Law Offices of Matthew L. Levine, writes that the Justice Department appears to be giving priority to cases involving Chinese entities, reflecting conclusions of the U.S. National Counterintelligence Executive, who characterized "Chinese actors [as] the world's most active and persistent perpetrators of economic espionage."

By Matthew L. Levine

14 minute read

March 20, 2009 | Legaltech News

When Breaching Terms of Service Is a Crime

Look before you click -- or you could go to jail for committing a federal crime under the Computer Fraud and Abuse Act. That is the lesson of U.S. v. Drew, where a federal jury in Los Angeles convicted a 49-year-old mother for breaching the contractual terms of service of MySpace.

By Matthew L. Levine

13 minute read

January 11, 2011 | New York Law Journal

Trade Secret Theft Involving Corporate Competitors: Are Feds on the Way?

Matthew L. Levine, a former federal prosecutor and principal at Fish & Richardson, writes that there is usually little convergence between the disciplines practiced by white-collar defense and intellectual property lawyers, but he warns, that could be changing.

By Matthew L. Levine

15 minute read

March 12, 2009 | New York Law Journal

When Breaching a Web Site's Terms Of Service Is a Crime

Matthew L. Levine, a principal at Fish & Richardson, writes that you should look before you click - or you could go to jail for committing a federal crime. That is the lesson of United States v. Lori Drew. In November 2008, a federal jury in Los Angeles convicted Lori Drew, a 49-year-old mother from Missouri, of three misdemeanor violations of the Computer Fraud and Abuse Act, a statute traditionally used to prosecute computer hacking. What criminal act did Ms. Drew commit that justifies sending her to jail for up to three years? According to federal prosecutors in California, she merely breached the contractual terms of service of MySpace.

By Matthew L. Levine

13 minute read