New York Law Journal | Analysis
By Andrew Goldsmith | March 8, 2024
To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
New York Law Journal | Analysis
By Joshua Sohn and Jacob Zucker | March 8, 2024
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
New York Law Journal | Analysis
By Sophia L. Cahill and Danielle Vrabie | March 8, 2024
In this article, Sophia Cahill and Danielle Vrabie compare the modern-day state of affairs for women litigators in big law and what remains true based upon former Chief Judge Judith Ann Kaye's 1988 lecture on the same topic.
New York Law Journal | Analysis
By Jennifer J. Daniels and Philip N. Yannella | March 1, 2024
In this article, Jennifer J. Daniels and Philip N. Yannella discuss some of the key rules of professional conduct for attorneys to be mindful of in the midst of a breach response.
New York Law Journal | Analysis
By Fizza Khan and Kyle Blair | March 1, 2024
This articles discusses the SEC's proposed cybersecurity rules and their potential impact on registered investment advisors. The authors also provide tips on how to protect against cybersecurity risks for private fund managers, broker/dealers and registered investment advisory firms.
New York Law Journal | Analysis
By Therese Craparo and Sarah Bruno | March 1, 2024
As U.S. regulators begin to enforce the concept of data minimization for the protection of personal information, the age of unfettered data retention is coming to an end. Various states have enacted or will be enacting privacy laws that give consumers more control over the use of their data by businesses.
New York Law Journal | Analysis
By Daniel S. Marvin and Ashley Pusey | March 1, 2024
This article aims to provide lawyers with an overview of the legal battles approaching AI and deepfake technology, including emerging litigation, developer liability, unintended consequences and ethical considerations.
New York Law Journal | Analysis
By Cathy Mulrow-Peattie | March 1, 2024
Artificial intelligence has been disrupting cybersecurity prevention, regulatory compliance and security incidents management. In this article, Cathy Mulrow-Peattie discusses how companies can practically respond to these increasing AI disruptions.
New York Law Journal | Analysis
By Dan Pepper and Kate Nelson | March 1, 2024
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.
New York Law Journal | Analysis
By David Owen and Alexa Moses | March 1, 2024
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.
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