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New York Law Journal

New York District Courts Split on Whether Cryptocurrency Is a Security

The rapid expansion of cryptocurrency markets—currently topping $3 billion—has drawn the ire of regulators who have issued a raft of confusing and complicated guidance and regulations. Two recent federal district court decisions illustrate the complexity of the debate and provide guidance to companies looking to understand how to classify their cryptocurrency offerings.
7 minute read

New York Law Journal

Lessons Learned From the Overuse of ESI Protocols

ESI protocols have become a Frankenstein monster of requirements that create obligations well beyond the Federal Rules of discovery, addressing a vast array of discovery topics including search terms, privilege logs and technology-assisted review. What lessons can we take away from the overuse of ESI protocols?
10 minute read

New York Law Journal

Technology-Related Commercial Disputes Should Be Assigned to the Commercial Division

The Office of Court Administration recently solicited comments on a proposal to amend Rule 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts to add a reference to technology in the description of what is a commercial case. This article discusses the proposal, rationale behind the rule amendment and kind of technology cases that likely fall within the Commercial Division's jurisdiction.
8 minute read

New York Law Journal

Caught in the Crossfire: Tools to Thrive—Navigating the Complex Terrain of New York Litigation

The fast-paced nature of the legal landscape demands not only legal acumen but also strategic thinking and a keen understanding of the tools at one's disposal. In this dynamic environment, lawyers need to equip themselves with a diverse array of resources to not only survive but thrive. This piece explores a few key tools to empower litigators in their quest for success.
6 minute read

New York Law Journal

Who Owns a Social Media Marketing Account? It's Pretty Simple, Really

The use of social media as a marketing tool has been common for just about as long as social media has existed. In some situations, particularly where an individual is very closely associated with a specific business, such fuzziness has led to disputes over who owns social media accounts. In this article, Emily Poler discusses three recent federal court decisions and how they have addressed whether a social media account belongs to an individual or a business.
8 minute read

New York Law Journal

Cryptocurrency Companies in Chapter 11: BlockFi's Experience

This article focuses on the confirmation of BlockFi's Chapter 11 plan, and the lessons learned from the case.
8 minute read

New York Law Journal

The Crime-Fraud Exception: A Defense Lawyer's Quandary

The crime-fraud exception often presents a quandary to attorney-client privilege. Is your client's question to you—and your advice—protected by that privilege, or must you disclose it to a grand jury should you be served a subpeona seeking information about any conversations you may have had with a client about extradition? If the crime-fraud exception applies, should you have also considered telling your client of that possibility when they first asked you the question and avoiding the issue altogether?
8 minute read

New York Law Journal

Artificial Intelligence in Class Action Litigation

The rapid growth of artificial intelligence has created numerous opportunities for increased efficiency, but that efficiency may create a corresponding risk of increased class action litigation. For example, AI can be deployed to improve the speed of customer interactions with a business, but alleged inaccuracies in AI-generated communications or decisions could give rise to class action consumer protection litigation.
9 minute read

New York Law Journal

Juror Attitudes Toward Pharmaceutical Companies

In February 2023, the DOAR Research Center sought to shed light on changing attitudes toward the pharmaceutical industry by conducting a survey, which questioned respondents on their opinions of the pharmaceutical industry and their COVID-19 experiences. This article highlights the results of the survey.
8 minute read

New York Law Journal

Substance Over Form: Application of Anti-SLAPP Statutes in Federal Court

Many states have enacted statutes curtailing lawsuits designed to chill free speech. Known as anti-SLAPP statutes, these laws often include mechanisms to protect defendants from the burdens of litigation—for example, by allowing defendants to obtain a prompt dismissal through a special pre-trial motion, to avoid discovery and to recover their attorneys' fees upon prevailing.
8 minute read

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