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January 05, 2024 | 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
January 05, 2024 | 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
January 05, 2024 | 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
January 05, 2024 | 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
January 05, 2024 | 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
Law Journal Press | Digital Book Texas Legal Malpractice & Lawyer Discipline 2024 Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner View this Book

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January 05, 2024 | Daily Report Online

Federal Lawsuit Seeks to Force Georgia Mental Health Agencies to Improve Care for Children

The lawsuit filed Wednesday in U.S. District Court says the state's shortcomings violate federal law including provisions of the Medicaid Act and the Americans with Disabilities Act.
2 minute read
January 05, 2024 | Daily Business Review