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New York Law Journal

You Can Run But You Cannot Hide: AI Tools That Do More Than Recognize Your Face

By now, we are used to the fact that facial recognition technology allows our phones to identify — to see our email, do our banking, order food and hail a ride service. But the pace is picking up. AI facial and voice recognition technologies can do more, faster. For those new lawyers and law student readers, take note: Privacy law is a growth field.
7 minute read

New Jersey Law Journal

The Evolving Duty of Competence in the Digital Age

For many lawyers, working remotely during the pandemic tested their technological aptitude. Lawyers can face risks if they do not update their practices to stay informed about developments in technology.
6 minute read

New York Law Journal

Maximizing Protection Over Sensitive Cyber Forensic Reports in Light of Recent Disclosure Orders

This article provides an overview of the recent case law and some approaches companies might take to maximize the protection of cyber reports from third-party disclosure.
8 minute read

Daily Business Review

Proposed Data Privacy Legislation Heightens Scrutiny on Fla. Businesses

HB969 very closely tracks the language of the California Consumer Privacy Act of 2018 (CCPA), which has received substantial praise from data protectionists, and similar to Europe's General Data Protection Regulation (GDPR).
4 minute read

New York Law Journal

Current Attempts To Define Regulator Roles in Cryptocurrency Enforcement Actions

The John McAfee case and the expected upcoming congressional task force on cryptocurrencies are likely to provide the market with more clarity on how coins and projects will be treated in investigations, including whether they can be treated as securities or commodities and the relative roles of the SEC and CFTC.
7 minute read

New York Law Journal

Cryptocurrency Offers No Escape From International Sanctions

Recent U.S. enforcement activity illustrates how the government is taking strong action against persons involved with misuses of cryptocurrency in order to meet this threat and deter others.
13 minute read

New York Law Journal

What's Up With WhatsApp? The Retention of Work-Related Messages

A review of regulatory guidance concerning the retention of communications sent by text such as SMS and messaging apps like WhatsApp and GroupMe. The article also looks at recent enforcement activity involving these types of communications and concludes with some practical steps broker-dealers may consider to enhance compliance.
8 minute read

New Jersey Law Journal

Looking Out for Manipulated 'Deepfake' Evidence in Family Law Cases

With digital evidence critical in so many family law proceedings, and with deepfake technology becoming easier for anyone to access, it's a given that this form of advanced digital trickery is something family law attorneys must be prepared to confront.
8 minute read

New York Law Journal

Creating an Ethical Artificial Intelligence System: The Key Role of Counsel

This article will review the key steps to follow for a successful implementation of an ethical AI system. The critical role of lawyers in this process will be highlighted.
7 minute read

New York Law Journal

Responding to Online Criticism (General Rule: Don't)

A recent ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 496, examines the options available to lawyers when confronted with what it describes as the "regular" occurrence of the phenomenon that "[c]lients, opposing parties, and others are increasingly taking to the Internet to express their opinions of lawyers they have encountered." In this edition of his Professional Responsibility column, Anthony E. Davis discusses the principal conclusions in the Opinion, and the lessons it, and NYSBA Formal Opinion 1032 on the same topic, holds for New York lawyers.
9 minute read

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