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New York Law Journal

When Does a University's Faculty Handbook Become an Enforceable Contract?

Prudent university counsel should keep in mind that New York state and federal courts have held that employees can pursue breach of contract claims based on an alleged failure to comply with workplace policies.
8 minute read

New York Law Journal

It's Never Too Early to Minimize Your Cyber Risk

Limiting the amount of unnecessary sensitive information collected, processed and stored reduces the opportunity for it to be inadvertently misused or stolen, writes contributor David Kessler.
8 minute read

New York Law Journal

Privacy Litigation in 2023—Surge in Web Tracking Class Actions

Web tracking lawsuits stem from companies collecting their website visitors' data. These cases do not involve "hacking" or other forms of data breach or data incident, writes contributors John Cleary, Cate Green and Elizabeth Marden.
9 minute read

New York Law Journal

Plaintiffs Continue to Try to Leverage Old Laws to Impose Liability for the Use of New Technology

Plaintiffs' claims seek to extend dated statutory requirements to modern technologies, such as online video players, chatbots session replay tools and voice recognition software. Many of these actions have advanced past the motion to dismiss stage, which means that more of these claims are likely to follow, write contributors Kathryn Linsky, David Saunders and Jonathan Ende.
8 minute read

New York Law Journal

Managing Supply Chain Cyber Risks

There are a number of factors fueling the rise in supply chain attacks, such as victims being more willing to pay ransoms, escalating international tensions, larger and more interconnected networks, and the ease of anonymous payments through cryptocurrency, Michael Orenstein writes.
7 minute read

New York Law Journal

Solving the Cybercrime Collective Action Problem

Blackbeard may not be the first name that comes to mind when considering cybercrime, but prior international efforts to stop stateless rogue actors can point us toward the proper focus for cybersecurity—governments taking responsibility to solve a classic collective action problem by direct action, supporting existing industry defense measures, and leading multilateral cooperation efforts, writes Edward McNicholas, Christine Moundas and Briana Fasone.
8 minute read

New York Law Journal

How Novel Legal Theories and Proposed Federal Regulation Are Changing Cyber Risk

We are currently on the precipice of a dramatic shift in the way cyber risk is viewed and how the accompanying liabilities are assigned, and the foundation for this change stems all the way back to the fundamentals of proximate cause, Annamarie Giblin writes.
9 minute read

New York Law Journal

International Ethics Policies in Employment: The Benefits of Being a Responsible Corporate Citizen

While international ethics policies are easier to implement globally because they are more general and aspirational in nature, drafting and implementing such policies is not without its challenges.
8 minute read

New York Law Journal

To Litigate or Arbitrate? Analyzing the Pros and Cons of Arbitration Agreements With Class Action Waivers in the Employment Context

This article tracks some of the more significant developments and summarizes the "pros and cons" employers should consider regarding their dispute resolution programs.
8 minute read

New York Law Journal

Employers Beware: The Changes Foreshadowed by the NLRB's General Counsel Are on the Horizon

Given the increase in unionization efforts across the country and government support for these efforts, it is incumbent upon employers to remain abreast of changes—both impending and potential—to ensure that their policies and decisions are compliant and up to date in the face of these changing times.
8 minute read

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