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New York Law Journal

As Data Breach Class Actions Rise, Here's What to Know About the 'Kill Chain'

More class actions are being filed, and this is happening more quickly after notification of the breach, sometimes with relatively fewer class members, and less personal information being accessed or disclosed in the breach.
8 minute read

New York Law Journal

AI Hallucinations in the Courtroom: A Wake-Up Call for the Legal Profession

A brief overview of how generative AI works, the issues in professional responsibility that are raised by the use of the generative AI, and some considerations for navigating a dynamic technological landscape.
17 minute read

New York Law Journal

Social Media v. The First Amendment: Coming to the Supreme Court

The First Amendment may limit the extent to which government officials can block from their accounts members of the public who post comments critical of the officials. Social media blocking is burgeoning—at the NYCLU we now receive many complaints about this practice every month—and the federal appellate courts are just starting to grapple with the constitutional issues it raises.
11 minute read

New York Law Journal

AI and Practicing Law: Potential Traps for the Unwary

By developing a consciousness for these potential pitfalls, the hope is that lawyers (and other service providers) can use AICGs to significantly aid, but not substitute for, their ethical (and perhaps moral) responsibilities to their clients. This article seeks to raise awareness among practicing lawyers where it otherwise may be lacking.
8 minute read

New York Law Journal

How Will ChatGPT Effect Criminal Lawyering?

One supposes that criminal lawyers are often dentist-like in their professional undertakings— trying to "extract" truth from clients, witnesses and even prosecutors. Are we, however, immune from substitution by designated hitters who can hit the ball out of the park digitally?
8 minute read

New York Law Journal

Analyzing ESI Protocol, Court Orders Manual Document Review

ESI protocols still remain a thorny issue on "both sides of the v." A recent decision helps illustrate this, where, in a discovery dispute over what was actually agreed to in an ESI protocol, a court ordered a party to proceed with a manual document-by-document review of search hits.
8 minute read

New York Law Journal

Fifth and Eleventh Circuits Clash on Free Speech and Social Media

Two states, Texas and Florida, enacted legislation to control social media companies' discretion in removing controversial political, medical and opinion speech. Both sets of laws were subject to immediate legal challenges and this column has followed the progress of these litigations.
8 minute read

The Recorder

'Show Me Your Texts': Discovery Challenges for Cellphone Data

Just like the Secret Service text messages concerning the Jan. 6 insurrection, deleted communications may be perfectly innocuous, but the act of deletion may be more concerning than the underlying data itself.
6 minute read

New York Law Journal

Familiar Themes in DFS's First Enforcement Action Against Virtual Currency Company

The Robinhood Crypto order is the first major cryptocurrency-related enforcement action by DFS. It is consistent with increased attention by DFS on the industry in the last year.
8 minute read

Daily Report Online

Thinking of Setting Up a Virtual Law Office? Here Are Some Considerations.

Although the American Bar Association (ABA) Model Rules of Professional Conduct permit lawyers to practice virtually, lawyers are still obligated to comply with their ethical responsibilities when operating virtual law offices.
5 minute read

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