NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

By Roger Plawker (March 24, 2021, 1:15 PM EDT) -- In many contexts, debate exists whether laws drafted for an analog society are adequate to address human conduct in a digital world.

For example, does traditional application of antitrust law adequately address relevant markets when those markets are inadvertently expanded by the internet? Or, where knowledge is an element of a criminal offense or civil claim, is ostensible receipt of an email, text or social media post sufficient to conclude actual receipt or that a communication has actually been read given the reality of modern life and the growing usage of so-called deepfake illusion?

More often than not, existing laws fairly...

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