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New York Law Journal

Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.
8 minute read

New York Law Journal

Marketing From Your Computer

Pro-actively marketing a practice may be a new experience for solo attorneys who previously benefited from the resources of a larger firm. In her Best Practices for Solo Practices column, Janet Falk discusses marketing activities that may be done from one's own computer.
6 minute read

New York Law Journal

New Report Reveals Opportunities for Improvement on Digital Marketing Strategy for Law Firms

In this Law Firm Marketing column, Jamie Diaferia and Jennifer Johnson Scalzi write: Not long ago, many legal marketing positions were filled by people who held various administrative roles in firms and transitioned into marketing roles with little to no formal training in the field. But that gap is clearly closing. Still, there is more work for law firms to do. That's particularly true in digital marketing.
6 minute read

New Jersey Law Journal

Navigating the Changing Seas of E-Discovery Ethics: Key Considerations for Counsel

As technology continues to pervade every facet of life and business, the scope of the lawyer's ethical duty of competency has swelled to encompass technology's burgeoning role in litigation.
6 minute read

New York Law Journal

The GDPR: An Update, and a Hope

This article provides a summary of the GDPR-like provisions at home, some comparison points for the parroting American statutes, and a glimpse of the global compliance considerations occasioned by the contrasting European and domestic approaches.
9 minute read

New York Law Journal

Wake Up Big Law: Innovate Your Litigation Practice for the Future

A strong litigation practice can have a significant impact on a firm's ability to compete effectively as well as drive revenue for the firm in all areas of practice.
7 minute read

New York Law Journal

Deepfakes: When a Picture Is Worth Nothing at All

"Deepfakes" is the name for highly realistic, falsified imagery and sound recordings; they are digitized and personalized impersonations. Deepfakes are made by using AI-based facial and audio recognition and reconstruction technology; AI algorithms are used to predict facial movements as well as vocal sounds. In her Artificial Intelligence column, Katherine B. Forrest explores the legal issues likely to arise as deepfakes become more prevalent.
7 minute read

New York Law Journal

What Happens When a Joint Venture To Develop Software Goes Wrong?

The parties to a joint venture to develop virtual reality software in the education space recently found themselves in litigation arising over multiple software development agreements, including an agreement that derived from a purported failure to create software required by the initial agreement. In their Technology Law column, Richard Raysman and Peter Brown focus on this case, and specifically the breach of contract claims pertaining to both agreements.
7 minute read

New York Law Journal

Balancing Privacy and Discovery, Court Allows Forensic Imaging of Personal Devices

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent case in which the district judge allowed the forensic imaging of personal devices after finding that a compelling need for discovery outweighed privacy interests. This recent case demonstrates the evolving nature of the balancing process between these competing interests and can serve as a helpful guide to judges who will have to navigate the issue in the future, especially as data privacy laws expand around the world and within the United States.
7 minute read

New York Law Journal

Can Cryptocurrency Issuers Get 'Backed' Into a Corner?

Some issuers may view being able to offer assurances that their cryptocurrencies are "backed" by something more solid and conventional as being a valuable and effective marketing technique. However, using this seemingly simple word may possibly open up a host of legal questions. In his Blockchain Law column, Robert A. Schwinger explores the issues.
10 minute read

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