ESI, Ethics and Social Media: What Attorneys Should and Should Not be Doing

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Social media has permeated every profession, including the legal profession. Attorneys use social media to communicate, conduct investigations, research potential jurors, and advertise. There have been a number of ethics opinions and judicial opinions addressing the use of social media by attorneys. "Best Practices" about attorneys and social media have been released through the New York State Bar Association, and the American Bar Association has issued an ethics opinion on investigating jurors through social media.

The use and possible misuse of social media are topics of increasing importance to the bar as well as to legal support professionals. This program will explore the ethical "do’s and don’ts" of social media and will provide guidance on how attorneys can use social media to advance their practice while complying with their ethical obligations. Because social media is everywhere and attorneys and their staff use it for a variety of purposes, knowledge of the ethical implications of that use is essential.

Educational Objectives:
• Understand how social media may appropriately be used to advertise.
• Learn how legal advice may be given through social media.
• Understand how social media can be used to gather and review evidence.
• Discover how social media can be used to communicate with clients.
• Find out how juror research may be conducted through social media.

Who would benefit most from attending this program?
Litigators; transactional attorneys; legal personnel who create and maintain social media posts and use social media to communicate.



Ron Hedges is a special master, arbitrator, and mediator working with e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of The Sedona Conference® Advisory Board and a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center. He also teaches at Rutgers School of Law-Newark. Mr. Hedges is author of, among other publications, Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a co-author of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007).


 Mark Berman is a partner in Ganfer & Shore's litigation practice groups as well as in the firm's Cooperative and Condominium Housing Practice Group. He also heads the firm’s E-Discovery Counseling practice. Mr. Berman has extensive experience in representing private and public companies as well as partnerships and individuals, as plaintiffs and defendants, in complex commercial matters with an emphasis on real estate and securities disputes, electronic discovery conflicts, and complex title insurance issues.

Mr. Berman is experienced in all phases of litigation in both state and federal courts as well as in arbitrations and mediations. He is a seasoned appellate attorney, having argued many cases before both the First and Second Departments. He is also a trained mediator. Prior to joining Ganfer & Shore, Mr. Berman was an associate in the litigation department at Skadden, Arps, Slate, Meagher & Flom LLP and clerked for United States Magistrate Judge Michael L. Orenstein for the Eastern District of New York.

Mr. Berman earned a J.D., magna cum laude, from Benjamin N. Cardozo School of Law, where he served as Editor, Moot Court Board Order of the Barrister, and an A.B. from Columbia College. He is admitted to practice in New York as well as before the U.S. District Courts for the Southern, Eastern, and Northern Districts of New York; the U.S. Court of Appeals for the Second Circuit; and the U.S. Supreme Court.



Ignatius Grande, Senior Discovery Attorney/Director of Practice Support with Hughes Hubbard, advises case teams and clients on how to best leverage the latest technologies and e-discovery practices from initial document preservation and collection through to review and production. By putting strategic processes in place, Mr. Grande helps clients manage their e-discovery obligations in the most efficient and cost effective manner. He also advises clients on the management of their social media presence and in the preservation and collection of social media information. Ignatius previously served as in-house counsel for a commodities company and as an e-discovery consultant for a national e-discovery vendor. He is a frequent writer and speaker on topics relating to e-discovery and social media and teaches a course on E-Discovery at St. Johns University School of Law.

Mr. Grande earned a J.D. from Georgetown University Law Center and a B.A. in Political Science, with distinction, from Yale University. He is admitted to practice in New York and Connecticut as well as before the United States District Courts for the Southern and Eastern Districts of New York.


Lori Leskin, partner and co-head of Kaye Scholer's Product Liability Group, is valued by her clients for her ability to successfully assess, strategize and implement unique solutions to their unique problems. She was appointed as Co-Head of the Products Liability Committee of the American Bar Association's Section of Litigation and has been included in The Legal 500 US 2013 for Litigation - Product liability and mass tort defense: pharmaceuticals and medical devices. Ms. Leskin handles all aspects of litigation strategy for complex nationwide and multidistrict litigations involving a variety of products and has represented high-profile clients in products liability, commercial and antitrust litigations. She has served as national counsel and as principal defense liaison.

Ms. Leskin earned a J.D., with highest honors, from Rutgers School of Law-Newark, where she was a member of the Order of the Coif, and a B.A., magna cum laude, from American University, where she was inducted into Phi Kappa Phi (National Honor Society). Ms. Leskin is admitted to practice in New York and New Jersey as well as before the U.S. Courts of Appeals for the Second, Eighth and Ninth Circuits; the U.S. District Court for the District of New Jersey; and the U.S. District Court for the Southern and Eastern Districts of New York.