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New York Law Journal

New York Rings in the New Year by Introducing Proposed Biometric Privacy Bill With Private Right of Action

Known as the New York Biometric Privacy Act, the bill—if enacted—would impose significant compliance burdens on companies handling biometric data. More importantly, the bill, which provides for a private right of action, would likely bring with it a tsunami of class action litigation akin to that seen with BIPA since 2019.
8 minute read

New York Law Journal

Recent Cases Address Whether 'Embedding' Is Copyright Infringement

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on several recent cases in New York federal courts that addressed the unsettled question of whether news organizations and other publishers infringe an author's rights by embedding social media posts containing copyrighted photographs.
9 minute read

New York Law Journal

Preserving Privacy in 'Walled Gardens'

In response to increasing regulatory constraints, some of the Internet's largest companies have created large aggregations of user data into "Walled Gardens" and data "Clean Rooms" where advertisers can test and target their messaging without violating the privacy of the data subjects. In his Technology Law column, Peter Brown explains how these large pools of data further the goals of the advertising industry without violating the increasingly strict national privacy regimes.
6 minute read

New York Law Journal

Video Depositions: The Case for Their Continued Relevance in a Post-Quarantine World

In this article, the authors note the COVID-related rise to prominence of video depositions, outline various key considerations and argue for their continued relevance in a post-quarantine world.
8 minute read

New York Law Journal

'Van Buren v. United States': 'Unauthorized Access' in the Virtual World of Expanding Federal Criminal Liability

This article addresses the significant issues concerning the "without authorization" element of the CFAA as illuminated by 'Van Buren' and comments on how the New York Court of Appeals dealt with a similar issue with respect to New York state's own computer trespass statute.
12 minute read

New York Law Journal

The Regulatory Adventures of a Crypto Startup: The Saga Continues

This is the final part of a trilogy of articles about fictional FinTech startup NoDoubt Crypto and its journey through regulatory, legislative and enforcement review adventures.
9 minute read

New York Law Journal

Use Zoom, Lose Trade Secrets. Yikes!

As the increased use of new technologies, such as Zoom, become more popular, the security challenges become more pressing. This article discusses the challenge of securing trade secrets in a remote, work-from home environment.
11 minute read

New York Law Journal

The Sedona Conference Provides Guidance on Non-Party Discovery and ESI Evidence & Admissibility

The Sedona Conference has offered updated and useful resources that address the realities of modern e-discovery practice, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column.
7 minute read

New Jersey Law Journal

Law Firm Marketing in 2021: 10 Trends to Watch

Here is a look at just 10 of the top trends we are seeing in law firm and attorney marketing—ranging from media relations to search, from photography to graphic design.
8 minute read

New York Law Journal

Refine Your Legal Toolkit Before Ransomware Strikes

Organizations are best served by preparing in advance and honing the appropriate legal tools for use in a ransomware attack before the attack occurs. Planning for a ransomware event will always be imperfect, but failing to prepare could be catastrophic.
8 minute read

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