Mark A Berman

September 13, 2024 | New York Law Journal

"Rule 13(c) of the Commercial Division is designed to prevent 'trial by ambush' and to educate both justices and juries on complex issues in the case that are the proper subject of expert testimony," write Mark A. Berman, Paul F. Downs and Michael Cardello III.

By Mark A. Berman, Paul F. Downs and Michael Cardello III

6 minute read

August 30, 2024 | New York Law Journal

In his Virtual Lawyering column, Mark Berman discusses Formal Ethics Opinion 512, issued in July by the American Bar Association, which addresses lawyers' use of generative artificial intelligence (GAI). Berman writes: "Many lessons are taught by the Opinion and they should become part of a lawyer's calculus when using GAI."

By Mark A. Berman

8 minute read

July 01, 2024 | New York Law Journal

Recent decisions addressing AI-enhanced evidence and AI-generated results demonstrate that courts want to know what is in the "black box" and, without understanding the "black box," courts are unwilling to accept AI-created results.

By Mark A. Berman

6 minute read

May 06, 2024 | New York Law Journal

This article focuses on the requirements of CISA's proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.

By Mark A. Berman, Jessica L. Copeland and Victoria M. Okraszewski

9 minute read

March 04, 2024 | New York Law Journal

Given the prevalence of spoofing, phishing, hacking and ransomware attacks, all businesses need to have appropriate cybersecurity insurance. But, will it cover you when the attack hits and for what? Sometimes yes, sometimes no and sometimes maybe!

By Mark A. Berman

11 minute read

December 29, 2023 | New York Law Journal

President Biden recently issued an executive order entitled "The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" seeking to promote "safe, secure and trustworthy development and use of artificial intelligence." AI has been imbedded as part of businesses' operations for years, but only recently has it reached world-wide mainstream advocacy in both its most positive and negative forms.

By Mark A. Berman

6 minute read

November 06, 2023 | New York Law Journal

As businesses are more and more getting hit with cybersecurity attacks, plaintiffs often sue under a plethora of claims seeking to recover damages. This article focuses on the common law cause of action of negligence for an entity's alleged failure to maintain adequate cybersecurity protections.

By Mark A. Berman

7 minute read

September 01, 2023 | New York Law Journal

In his Virtual Lawyering column, Mark. A. Berman discusses the various tools and technological advancements that have enabled virtual lawyering to be more efficient.

By Mark A. Berman

5 minute read

August 17, 2023 | New York Law Journal

The 2023 "New York Commercial Division Practice Guide," edited by Stephen P. Younger and Muhammad U. Faridi is an essential guide for any lawyer who appears in the Commercial Division.

By Mark A. Berman and O. Peter Sherwood

6 minute read

June 29, 2023 | New York Law Journal

The recent incident of an attorney using ChatGPT to conduct legal research which led him to file a motion filled with citations to non-existent cases has focused attention on the use of AI natural language models in the legal world.

By Mark A. Berman

7 minute read