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New York Law Journal

Audit Trail 'Meta Data' Leaves Tell-Tale Signs in Medical Malpractice Actions

State E-Discovery columnist Mark A. Berman discusses audit trails of electronic medical health records, which can be the “silver bullet” for a plaintiff or a defendant depending on the facts of the case.
6 minute read

New York Law Journal

Crypto Regulation: SEC Suggests Possible Path from Security to Non-Security

This article provides an overview of the SEC's “Framework for 'Investment Contract' Analysis of Digital Assets” and explains how the SEC staff is likely to analyze digital assets. It also examines the concept that digital assets can reach a tipping point—an “evolutionary moment” in their development—where they transform from a security to non-security.
15 minute read

New York Law Journal

ABA Formal Opinion 483: What Are a Lawyer's Obligations After a Data Breach or Cyberattack?

Your firm's computer network has been hacked and client data either exposed or likely exposed. What's a law firm to do?
4 minute read

New York Law Journal

Artificial Intelligence and the Fourth Amendment: When Alexa Can Be a Witness Against You

Today, artificial intelligence is actually able to provide much of the same evidence that human witnesses can, with a higher degree of accuracy, unerring memory and an absence of personal motivation.
8 minute read

New York Law Journal

Can a Robot Mediator Really Provide a Win-Win Result?

Mediation columnists Abby Tolchinsky and Ellie Wertheim learned of a “fascinating AI application that provides a semblance of mediation” and they ask the question: How might a machine replicate the work of facilitating an autonomous, values-based, and personalized process? How might a machine augment—if not replace—the work of the mediator?
8 minute read

New York Law Journal

New York's Cyber Regulation Two Years Later: We've Only Just Begun

The conclusion of the “transitional period” for New York's cybersecurity regulation marks the beginning, rather than the end, of an organization's compliance efforts.
8 minute read

New York Law Journal

Crafting Enforceable Electronic Agreements: EDNY Examines Arbitration Clause in 'Sultan v. Coinbase'

Intellectual Property columnist Stephen M. Kramarsky discusses a recent decision which offers some good guidance for anyone trying to design an enforceable electronic contract process.
9 minute read

Daily Business Review

Don't SaaS Me: Key Areas of Negotiation in Software as a Service Agreements

Today, most businesses use some form of software platform or other similar technology, whether as part of their core product or service offerings or internal operations or processes.
5 minute read

New York Law Journal

How to Win Work From NY's Thriving Startup Sector: Three Proven Strategies

The firms that experiment with the strategies outlined in this article will be among those most likely to succeed.
6 minute read

New York Law Journal

Blockchain's Transformative Technology and Its Potential Impact on the Law: Are We There Yet?

After the kinks are worked out, blockchain may become a seamless aspect of the world created by, and in many instances enhanced by, the Internet. Despite its shortcomings, however, blockchain is here to stay, and, predictably, will be part of the “Internet of Things.”
10 minute read

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