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New York Law Journal

Striking a Balance: Exploring Legal Consequences of Frivolous Claims

Attorneys often find themselves navigating the delicate balance between advocating for their clients' interests and upholding the integrity of the judicial system. The recent decision by the First Department in '13 E. 124 v. J&M Realty Services, et al.' sheds light on the risks and challenges associated with representing clients with potentially frivolous or nonviable claims.
5 minute read

New York Law Journal

Inevitable Disclosure Under DTSA: To Apply or Not To Apply?

This article focuses on the split on the inevitable disclosure doctrine and recent developments indicating how New York is likely to come out on the issue.
8 minute read

New York Law Journal

Extraneous? Collateral? Is It Time to Simplify the Standard for When Fraud Claims Improperly Duplicate Breach of Contract Claims?

To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
6 minute read

New York Law Journal

Our Understanding of Memory Has Changed, the Rules of Evidence Have Not

It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
9 minute read

New York Law Journal

Women in Big Law: Progress, Challenges and the Road Ahead

In this article, Sophia Cahill and Danielle Vrabie compare the modern-day state of affairs for women litigators in big law and what remains true based upon former Chief Judge Judith Ann Kaye's 1988 lecture on the same topic.
7 minute read

New York Law Journal

Minding Integrity in the Face of Calamity: Professional Rules of Ethics for Counsel Responding to a Cybersecurity Crisis

In this article, Jennifer J. Daniels and Philip N. Yannella discuss some of the key rules of professional conduct for attorneys to be mindful of in the midst of a breach response.
8 minute read

New York Law Journal

Breaking Down Cybersecurity-Related Regulatory Developments for Registered Investment Advisers

This articles discusses the SEC's proposed cybersecurity rules and their potential impact on registered investment advisors. The authors also provide tips on how to protect against cybersecurity risks for private fund managers, broker/dealers and registered investment advisory firms.
8 minute read

New York Law Journal

Data Privacy and Data Minimization in the US: Managing Data Risk in the Real World

As U.S. regulators begin to enforce the concept of data minimization for the protection of personal information, the age of unfettered data retention is coming to an end. Various states have enacted or will be enacting privacy laws that give consumers more control over the use of their data by businesses.
9 minute read

New York Law Journal

Artificial Intelligence and the Law: Deepfakes, Privacy and the Ethics of Liability

This article aims to provide lawyers with an overview of the legal battles approaching AI and deepfake technology, including emerging litigation, developer liability, unintended consequences and ethical considerations.
8 minute read

New York Law Journal

The Increasing AI Disruption of Cybersecurity

Artificial intelligence has been disrupting cybersecurity prevention, regulatory compliance and security incidents management. In this article, Cathy Mulrow-Peattie discusses how companies can practically respond to these increasing AI disruptions.
8 minute read

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