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New York Law Journal

'People v. Rodriguez': Court of Appeals Applies 'Standard Evidentiary Rubrics' for Admission of Digital Evidence

The Court of Appeals clearly articulated that the law in New York for admission of digital evidence requires application of the standard evidentiary rubrics, and is reviewed on appeal per the burdensome "abuse of discretion standard as a matter of law."
11 minute read

New York Law Journal

Eleventh Circuit Defends Social Media Against State Regulation of Free Speech

The Eleventh Circuit's decision is a clear warning to other state legislatures, and even to Congress, that political views expressed on social media sites cannot be bent to meet the political views of the political party that may be temporarily in power. While political winds may change, the Constitution's principles remain fixed.
7 minute read

New York Law Journal

The Impact of the SEC's New Cybersecurity Rule on Securitizations

According to the SEC, the proposed amendments are intended to better inform investors about a registrant's risk management, strategy and governance related to cybersecurity and to provide timely notification to investors of material cybersecurity incidents.
6 minute read

New York Law Journal

Privacy Protection in the Age of Data Aggregation: SDNY Examines the Scope of 'Personal Information' Under the VPPA

This article discusses a recent case out of the Southern District of New York that involved application of a hastily-crafted statute (passed in 1988 to regulate video rental stores) to a TikTok competitor. The court's opinion on a motion to dismiss is an informative overview of privacy laws and the challenges they present to the modern legal system.
10 minute read

New York Law Journal

A Tale of Two Lawsuits: Two New York Trademark Actions Against NFT Sales Pose Distinct Challenges to the Burgeoning NFT Marketplace

Despite the 'Hermès' and 'Nike' cases' superficial similarity, the two cases raise fundamentally different questions within trademark doctrine.
11 minute read

New York Law Journal

AI vs. AI: Forecasting the Ethical Dilemma Circling Law, Business and Technology

This article provides a discussion of the legal and ethical questions involved when private companies defend themselves and then retaliate as a result of a cyberattack—a so-called counterpunch known as the "hack-back."
10 minute read

New York Law Journal

How Treating Data as Property Could Open the Door to More Novel Data Litigation Claims

In 'Calhoun v. Google', the Northern District of California significantly expanded a "growing trend across courts … to recognize the lost property value" of data and affirmatively held that people have a "property interest in their personal information."
6 minute read

New York Law Journal

B2C Lawyers Create Online Trust With Client Reviews

A thoughtful, thorough review process not only says you understand consumers' need to get a sense of who you are and how you work; it also provides an opportunity to shape visitors' first impression of you and your firm.
8 minute read

New York Law Journal

ABCs of Digital Assets and Taxation

Despite the prevalence of digital assets as investments as well as their use in commerce, the IRS has only issued limited guidance. Nonetheless, taxpayers must determine whether their virtual currency transactions are taxable and reportable.
7 minute read

New Jersey Law Journal

It's All About You: Why a Well-Optimized Attorney Bio Page Matters

Optimizing your attorney bio page on your law firm's website is one of the most important aspects of search engine optimization for lawyers. Here's why.
6 minute read

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