New York Law Journal | Analysis
By Andy Lee | May 15, 2023
Friel v. Dapper Labs is important to the NFT industry because the Securities and Exchange Commission has refrained from providing formal guidance on this very question. The procedural posture of the decision, however, including certain oddities underlying its rationale, likely limits its substantive significance.
New York Law Journal | Analysis
By Ronald M. Feiman, Matt Dunn and Jenny Frank | May 8, 2023
This article discusses a correlate of the proposition that digital assets are investment contracts and therefore are securities, namely that pools of digital assets are investment companies as defined in the Investment Company Act of 1940 (the 1940 Act).
New York Law Journal | Analysis
By Kritika Bharadwaj, William Roberts and Stephanie Gomes-Ganhão | May 8, 2023
At one point or another, we have all heard the warning "don't make promises you can't keep." Recent enforcement actions by the Federal Trade Commission (FTC) demonstrate that organizations must heed this warning as they decide what confidentiality assurances they should make to consumers in their online privacy policies.
New York Law Journal | Analysis
By Daniel S. Marvin | May 8, 2023
This article will provide a brief history of the VPPA, an overview of how the courts apply it to modern technologies, as well a description of some of the statute's limitations as courts attempt to shoehorn new facts into an old law.
New York Law Journal | Analysis
By Edward McNicholas and Briana Fasone | May 8, 2023
The proliferation of large-scale hacks and data breaches throughout this time—Heartland Payment Systems, Sony, the Office of Personnel Management, Target, Neiman Marcus, Yahoo!, Equifax, Home Depot, even the SEC—simultaneously demonstrated the difficulty of data protection given the ever-evolving nature of cybercrime. Despite these developments, the SEC has failed to update Regulation S-P, or promulgate additional binding cybersecurity rules, until now.
New York Law Journal | Analysis
By Pete Marta, Nathan Salminen, Dan Whitehead, Natalie Perez and Parris Briggs | May 8, 2023
In this article, we explore the intersection of AI and cybersecurity, including the main risks and best practices for organizations that develop or deploy AI tools, while also considering the future of AI regulation.
New York Law Journal | Analysis
By Sean Montgomery | May 8, 2023
The COVID-19 pandemic highlighted the benefits of remote hearings for the courts, attorneys, and defendants. But as online legal proceedings increasingly become more common, security concerns are also rising.
New York Law Journal | Commentary
By Acting Presiding Justice Dianne Renwick of the Appellate Division, First Department | May 1, 2023
Civic education and the engagement of young people is an underutilized tool for successfully maintaining our democracy. Such endeavors inculcate civility and collaboration and encourage the discovery of solutions to strengthen our democracy.
New York Law Journal | In Brief
By New York Law Journal | May 1, 2023
On Tuesday, May 2, from 6-9 p.m., the Association of Law Secretaries to the Justices of the Supreme and Surrogates' Courts, will hold its annual dinner at The View at Battery Park, One Battery Plaza, New York City.
New York Law Journal | Analysis
By Acting Chief Administrative Judge Tamiko Amaker, New York State Unified Court System | May 1, 2023
As we move forward, and as the 2023 Law Day theme serves to remind us, some of our greatest accomplishments and successes in societal progress and reforms have been achieved through civil discourse and the collaboration of our three co-equal branches of government.
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