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New York Law Journal

The Case for Regulating Crypto 'Exchanges' Sooner Rather Than Later

In May, SEC Chairman Gary Gensler strongly suggested that it be Congress to take up the cause of regulating cryptocurrency exchanges selling alt-currency to investors. Given that the name "exchange" is already being used quite publicly by trading platforms, this article suggests three solutions to the SEC jurisdictional problem.
9 minute read

New York Law Journal

Ransomware and Cyber Crime: It's Big Business

Katherine Forrest discusses the deep impact of the increase in cyber attacks on individuals, businesses and our legal system.
6 minute read

New York Law Journal

New York Privacy Act Makes Progress, but Hurdles Remain

In the 2021 session, the New York legislature considered no fewer than four major data protection proposals.
8 minute read

New York Law Journal

Analyzing the New York City Tenant Data Privacy Act and Its Impact on the Biometric Privacy Landscape

The TDPA is the latest in a string of new laws specifically targeting the collection and use of biometrics, but is the first of its kind to provide targeted requirements and limitations focused on residential "smart access" technology.
8 minute read

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.
11 minute read

New York Law Journal

As New York City Reopens, Businesses Face a New Challenge: Biometric Data Restrictions

As of July 9, a new addition to the City's administrative code will impose disclosure requirements for certain companies that collect, share, store, convert or retain consumer biometric information and separately prohibit the sale or sharing of such information.
8 minute read

New York Law Journal

Can Blockchain Participants Act in Restraint of Trade?

In this edition of his Blockchain Law column, Robert A. Schwinger discuses a recent magistrate judge ruling in a dispute over actions taken by various parties in connection with a cryptocurrency "fork", which addressed the question of whether those parties' conduct constituted anticompetitive activity barred by federal antitrust law.
17 minute read

New York Law Journal

How Data Analytics Can Drive Damages Calculations

This article reviews three real-world examples of data analytics in action, showing how mining structured or unstructured information can be essential in helping lawyers and experts build their damages calculations and in gathering critical evidence to support claims.
8 minute read

New York Law Journal

Prosecutions of Bitcoin Mixers Raise Crypto Privacy Questions

While some users claim mixers are a legitimate service that allow them to secure their financial privacy, mixers are also reportedly used by criminal enterprises to launder criminal proceeds, attracting regulatory scrutiny.
8 minute read

New Jersey Law Journal

Cryptocurrency: The New Frontier for Asset-Hiding in Divorce

Hiding assets in divorce may be nothing new. However, where many deceptive spouses choose to stash hidden assets is. It's cryptocurrency, a largely unregulated and anonymous form of digital cash.
8 minute read

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