Patricia Kane

June 04, 2018 | New York Law Journal

Microsoft's four-year legal battle over the U.S. government's ability to subpoena customer email stored outside of the United States ended abruptly thanks to the passage of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) which directly governs the subject matter. While the CLOUD Act provides clarity as to the permissible reach of the U.S. government, it raises issues of potential conflicts with the laws of other countries.

By Christopher Boehning and Daniel J. Toal

1 minute read

June 01, 2018 | New York Law Journal

Many companies neglect to reach out to the FBI following a cyber incident, turning instead to law firms and cybersecurity firms alone. This might be a mistake considering the practical assistance the FBI can provide to targets of a cyber attack.

By Avi Gesser and Joseph Kniaz

1 minute read

June 01, 2018 | New York Law Journal

 Facebook CEO Mark Zuckerberg testified before Congress last month regarding Cambridge Analytica's unauthorized use of data of an estimated 87 million…

By Nicole Friedlander, Corey Omer and John Evangelakos

1 minute read

June 01, 2018 | New York Law Journal

The ability of cyber threats to compromise information systems is an ongoing danger to all organizations. However, an emerging threat presents a new challenge—cyberattacks that may cause physical harm to systems and persons. This threat has become acute for certain sectors such as critical infrastructure.

By By Anna Rudawski, Alexis Wilpon and David Kessler

2 minute read

June 01, 2018 | New York Law Journal

Although New York has yet to enact legislation regarding the use of biometric identifiers and information (i.e. facial recognition, retinal scans, etc.), a recent legislative proposal and the statutes and regulations of other jurisdictions, provide valuable guidance to New York businesses regarding permissible practices.

By John T. Wolak, Mitchell Boyarsky, and Randy A. Gray

2 minute read

June 01, 2018 | New York Law Journal

A discussion of the threat that social engineering (aka the "human side of hacking") poses to law firms, and some tips and practical guidelines to reduce its effectiveness.

By Mark A. Berman, Ronald J. Hedges, and Kennet Westby

1 minute read

May 30, 2018 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

1 minute read

May 29, 2018 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “159 MP Corp. v. Redbridge Bedford,” which involved an appeal by commercial tenants in an action for a judgment declaring that two long term commercial leases are in full force and effect and that the tenants are not in violation of their obligations under the leases. A trial court had denied their motion for a Yellowstone injunction…and granted the landlord's cross motion for summary judgment dismissing the complaint.

By Scott E. Mollen

16 minute read

May 29, 2018 | New York Law Journal

For those occasions when a mortgage lender may elect to sue on the note—as opposed to foreclosing the mortgage—saving service of the 90-day notice which might otherwise be elicited by the pervasively ubiquitous RPAPL §1304 is meaningful. Is the notice required? The Second Department says yes, while the Fourth Department says no. Until this issue is addressed by the Court of Appeals, the answer to the question remains uncertain.

By Bruce J. Bergman

6 minute read

May 29, 2018 | New York Law Journal

Steven A. Cash and Naju R. Lathia discuss the issues that arise when your client is the victim of a cybercrime—with a focus on the who, what, when, where and why's of involving law enforcement.

By Steven A. Cash and Naju R. Lathia

12 minute read