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7 Nov 2023, 9:01 pm by renholding
The Final Rule does not require notification directly to affected consumers given that, as noted in the adopting release, such a requirement would be “largely duplicative” of existing state laws.[17] IMPLICATIONS The Final Rule adds to a range of overlapping data breach notification laws that have complicated the challenge for companies responding to significant cybersecurity and data privacy incidents. [read post]
25 Oct 2023, 9:24 am by Silverberg Zalantis LLC
The Appellate Division decision below is the latest in a line of cases interpreting Buran as limiting the relation back doctrine to mistakes regarding the identity or status of a proper party (see Matter of Nemeth, 205 AD3d at 1094-1095, citing, inter alia, Matter of Sullivan v Planning Bd. of the Town of Mamakating, 151 AD3d 1518, 1520 [3d Dept 2017]; Branch v Community Coll. of the County of Sullivan, 148 AD3d 1410, 1411-1412 [3d Dept 2017]; Matter of Ayuda Re… [read post]
10 Oct 2023, 7:08 am by Eugene Volokh
Sullivan, and Justice Kagan, back in 1993 (when she was an academic), criticized New York Times v. [read post]
5 Oct 2023, 2:38 pm by John Elwood
While both Justice Clarence Thomas and Justice Neil Gorsuch have criticized Sullivan and called for it to be overruled, it seems unlikely that the court will grant review; just last term, the court relied on Sullivan in holding that threats could not be prosecuted under the First Amendment absent proof they were made in reckless disregard that the listener would be placed in fear. [read post]