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New York Law Journal

Preparing for the Expected and the Unexpected: The New York Department of Financial Services' Cybersecurity Regulation

While the sufficiency of cybersecurity programs was previously subject to "reasonableness" standards, an "acceptable" cybersecurity program has become more objective as regulators, such as NYDFS, continue to implement, amend and mature applicable laws.
9 minute read

New York Law Journal

Conned by ChatGPT: The Growing Risks of AI-Powered Cyber Attacks

In this article, David Owen and Alexa Moses discuss new risks posed by AI-powered social engineering attacks, as well as several countermeasures individuals and companies can take to defend against them.
8 minute read

New York Law Journal

New York Court Ruling Holds No Private Right of Action for Pay Frequency Claims

Two recent events may mark the end of the "frequency-of-pay" litigation that has hit New York employers in recent years. It is important to look at the background surrounding the uptick in pay frequency claims, the Second Department's decision and Governor Hochul's Executive Budget Proposal, as they could have major implications for employees and employers in the years to come.
6 minute read

New York Law Journal

Practical Pointers for Defending Claims Under New York's Adult Survivors Act

For a lawyer in the position of trying to defend against an ancient sexual assault allegation, this article provides some suggestions on how to collect the evidence necessary to defend a case of this nature:
6 minute read

New York Law Journal

Navigating Executive Compensation Negotiations: Balancing Behavior and Legality

Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.
8 minute read

New York Law Journal

NYC Takes On Weight and Height Discrimination: Key Takeaways for Employers

New York City has amended its Human Rights Law, Title 8 of the Administrative Code, to prohibit discrimination in employment, housing and public accommodations based on an individual's height and/or weight. It now includes height and weight in its long list of protected characteristics that cannot be used to discriminate against employees.
9 minute read

New York Law Journal

New NY Statute Restricts Access to Employee Social Media; Imposes Notice Requirements

Governor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.
6 minute read

New York Law Journal

Drafting Effective Operating Agreement Indemnification Clauses: Advice from the Litigators

This article, written by litigators, is intended to inform drafters of the need for clearly delineated rights to indemnification, on one hand, and fee advancement on the other. It surveys New York's interpretation of Limited Liability Company Law §420 and identifies considerations for both indemnification and fee advancement.
6 minute read

New York Law Journal

If You Want To Be a Litigator, Pro Bono Isn't Just Your Professional Responsibility: It's Your Ticket to Success

In this article, Daniel Brown highlights the benefits of taking on pro bono work, emphasizing how pro bono can be the best way to gain the skills, expertise and confidence needed to become a litigator.
8 minute read

New York Law Journal

When Political Discourse Leads to Dismissal

In these polarized times, where many are compelled to use social media and other public platforms to express political views, the interaction of political speech and the workplace is poised to grow increasingly complex. Employers must toe the line between protected employee activity and protecting corporate reputations.
7 minute read

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