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New York Law Journal

New York State Finalizes Changes to Insurance Disclosure Law

The amended statute clearly places the onus on defendants to proactively address insurance coverage matters. Defense counsel can no longer wait for plaintiffs to pursue the issue and respond as necessary.
6 minute read

New York Law Journal

Supply Chain Woes Bring Contingent Business Interruption Recovery—and Its Limitations—Into Sharp Focus

The article examines the potential limitations of CBI coverage and the practical challenges of litigating CBI claims. It also discusses ways to draft stronger CBI policies and the growing popularity of other types of insurance in response to global supply chains that are increasingly reliant on just-in-time sourcing and that continue to be aggravated by recent disasters.
9 minute read

New York Law Journal

Litigation

In this Special Report: "Embracing the Gains of Virtual Trials," "Independent Liability for Lack of Standing: New York Civil Rights Law §§70 and 71," "Does Jurisdiction-by-Consent Survive 'Daimler AG v. Bauman'?" and "The End of 'Bellefonte': 'Global Re' and the Proper Reading of Facultative Reinsurance Contracts."
1 minute read

New York Law Journal

Does Jurisdiction-by-Consent Survive 'Daimler AG v. Bauman'?

The Supreme Court of the United States will likely soon resolve the issue when it considers 'Mallory'.
13 minute read

New York Law Journal

Embracing the Gains of Virtual Trials: Part 2 

In this second part of a two-part article, the author addresses the concern with jurors' ability to evaluate the credibility of witnesses who testify remotely or are wearing masks (i.e., in a socially distanced courtroom), as well as to empathize with them and ensure due process (i.e., honor the presumption of innocence). Drawing again upon theory and anecdote, the author demonstrates that fears are much less palpable than originally thought.
6 minute read

New York Law Journal

The End of 'Bellefonte': 'Global Re' and the Proper Reading of Facultative Reinsurance Contracts

'Global Re' puts the focus of reinsurance dispute resolution where it belongs: the meaning of language as understood in the context of industry norms and practice.
9 minute read

New York Law Journal

Independent Liability for Lack of Standing: New York Civil Rights Law §§70 and 71

The foreclosure cases in the last decade that have likely awarded hundreds of judgments to plaintiffs who lacked standing have been an intellectual blight on New York state jurisprudence.
9 minute read

New York Law Journal

Cybersecurity

In this Special Report: "The FTC/CafePress Settlement as Guidance for Businesses," "Data Security and Control in the Cloud: Third-Party Cloud Providers and the Shared Responsibility Model," "Cybersecurity and Individual Liability: 'U.S. v. Sullivan' and the Criminalization of a Cyber Attack Response," "Transferring Personal Data From Europe and Switzerland to the U.S.: Where Are We Now?" and "Nation-State-Sponsored Attacks: Not Your Grandfather's Cyber Attacks."
1 minute read

New York Law Journal

­­­­­­­­­­­­Nation-State-Sponsored Attacks: Not Your Grandfather's Cyber Attacks

State-sponsored attacks threaten to wreak havoc on companies' essential IT systems, Internet devices, software, and all manner of critical infrastructure in private sector hands.
21 minute read

New York Law Journal

Transferring Personal Data From Europe and Switzerland to the U.S.: Where Are We Now?

On March 25, 2022, President Joseph R. Biden and European Commission (EC) President Ursula von der Leyen jointly announced an agreement in principle for a new Trans-Atlantic Data Privacy Framework (Framework) that has the potential to establish the rules of European to U.S. data transfer.
8 minute read

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