By Angela Turturro | March 11, 2019
In this Special Report: "Catching the Cannabis Wave? The Legal Status of CBD and Its Future as a Subject of Civil Litigation," "Practical Strategies for Defending ADA Website Accessibility Claims," "NY's Freeze-Out Mergers Offer Limited Rights and Recourse for LLC Minority Members" and "Direct vs. Consequential Lost Profits: Checking in Five Years After 'Biotronik'."
By Greg Kaufman, Meghana Shah and Brittany Cambre | March 8, 2019
The rapid pace by which CBD is being introduced to the consuming public is not free of regulatory and litigation risk.
By Michael Hefter, Ryan M. Philp and Matt Ducharme | March 8, 2019
Many sophisticated commercial parties continue to include a boilerplate consequential damages bar in their contracts, often on the assumption that it protects against a multi-million dollar lost profits award in the event of a breach. This may prove a dangerous assumption.
By Adam S. Katz and Ryan W. McNagny | March 8, 2019
In New York in particular, minority members of limited liability companies run the risk of being involuntarily cashed out of the company in a “freeze-out” merger or “midnight merger,” wherein a merger takes place in secrecy—proverbially overnight—without prior notice to the minority members.
By Mark S. Sidoti | March 8, 2019
Defense of ADA website claims calls for a very practical approach, undergirded by an in-depth knowledge of defenses that are likely to prevail and those that are no longer viable. This article discusses the current state of the law and focus on practical strategies for resolving ADA website claims.
By Angela Turturro | March 4, 2019
In this Special Report: "The 50-State Cybersecurity Class Action Is Here to Stay. How to Defend Against It!," "Hardening Cyber Protection Programs: Will 2019 Be the Year of the SAFETY Act for Data Security Programs?," "Beyond Data: Function Is the New Cyber Attack Surface," "New Guidelines on GDPR's Territorial Scope Confirm It Reaches Far Beyond the EU" and "Role of In-House Counsel in Incident Planning and Response."
By Edna Conway | March 1, 2019
The profound changes deriving from IT/OT convergence require us to take a fresh look at legal and regulatory norms that have stood for decades since the Industrial Era. We are in a radical new environment where exponential benefits and risks are now reality.
By Paul Ferrillo | March 1, 2019
In recent years, plaintiff class actions lawyers have shifted their focus in cybersecurity cases from pleading federal claims to asserting claims under state law of residents of all 50 states. However, this potentially raises class certification issues that make these claims difficult for plaintiff to succeed on. How should one prosecute them? How should one defend them? How could one plead and prove that the plaintiffs were injured because of the breach?
By Craig A. Newman, Peter C. Harvey, Alejandro H. Cruz and Joshua R. Stein | March 1, 2019
Under the right circumstances, the SAFETY Act has the potential to become a new gold standard for companies that qualify for its protection and want to establish themselves as leaders in cybersecurity, both with respect to internal risk mitigation and with a view toward ensuring robust protection of customer or client data.
By Una A. Dean and Melis S. Kiziltay Carter | March 1, 2019
The draft Guidelines seek to clarify questions raised since the passage of the GDPR over the GDPR's extra-territorial reach, and they confirm that the GDPR's intended reach is well beyond the geographic confines of the European Union.
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