For New York companies, lawyers, and jurists, the 'Merck' decision provides guidance at a critical moment. "War" exclusions may be increasingly tested as cyber crime and unconventional forms of hostilities proliferate.

As mobile betting platforms and operators enjoy the influx of New York state bettors, they must be aware of the unique privacy and security challenges they face and of the federal and state regulations that apply to the various categories of data that they process.

To assist investors in understanding evolving risks, the Securities and Exchange Commission has shown a steadily increasing focus on cybersecurity disclosures in recent years, and that trend is almost certain to continue with new rule amendments expected in April of this year.

In this article, the authors examine software supply chain risks, analyze legal and compliance requirements arising from New York's cyber laws, and offer recommendations to move forward on this area of critical risk that is often neglected or, worse, ignored.

This article discusses decisions that provide a roadmap for savvy counsel to guide the retention of an expert while simultaneously preserving applicable privileges from disclosure.