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Ethics in Social Media 2019


Speaker(s): Anne Marie Bowler, David J. Elkanich, James K. Landau, Jonathan J. Anastasia, Kelly Pellicci, Richard Raysman
Recorded on: Mar. 15, 2019
PLI Program #: 253775

Anne Marie Bowler counsels clients in a range of industries including technology, food, fashion, jewelry, real estate development, art, e-commerce, media and the non-profit sector.

Anne Marie is both a litigator and transactional attorney – litigating cases in state and federal court, representing executives in corporate investigations, and crafting and negotiating contracts in transactions for small and large businesses.  Anne Marie has successfully represented clients in litigations involving business disputes, international investments, breach of contract claims, fraud, employment and non-compete matters, insurance coverage disputes and intellectual property protection.  Anne Marie is also a trained mediator and implements these skills in her practical approach to litigations.

Anne Marie finds that her litigation background proves especially helpful in drafting and negotiating contract as she appreciates drafting pitfalls.   Anne Marie crafts, negotiates and finalizes contracts related to employment (including non-competition, confidentiality and independent contractor agreements), business or partnership separations, consignment, business formation, privacy and e-commerce, joint ventures, and intellectual property, among others.

Anne Marie serves as an Adjunct Professor at New York Law School, where she teaches Drafting Contracts, an upper-level course.  She has also taught the core legal requirements of Legal Reasoning Writing and Research, as well as Written and Oral Advocacy.

In 2012, Anne Marie was invited to participate as an Executive Task Force Member in the Wall Street Journal’s Women In The Economy Conference, where top leaders in government, business and academia strategized a way to better leverage female talent to promote economic growth and competitiveness. In 2012, Anne Marie was also featured in the Wall Street Journal in an article on work-life balance, and NPR. 

Prior to co-founding GRB , Anne Marie was a Senior Litigator at Proskauer’s Litigation Department and a Member of the firm’s Criminal Defense and Corporate Investigations Practice Group.  At Proskauer, Anne Marie represented high-profile clients in internal investigations, government investigations, prosecutions and state and federal commercial litigations.

During her tenure at Proskauer, Anne Marie was invited to serve a two-year term as a law clerk to former Chief Judge of the State of New York, Judith S. Kaye, on New York’s highest court, the Court of Appeals.  In this role, Anne Marie analyzed legal issues of first impression in the State and assisted with drafting legal opinion in civil and criminal appeals.


DAVID ELKANICH is a partner in Holland & Knight's Portland office, where he focuses his practice on litigation involving legal ethics and risk management. Mr. Elkanich advises both lawyers and law firms in a wide range of professional responsibility matters. He has extensive experience defending lawyers in attorney discipline matters, and in related litigation, such as sanction, withdrawal and disqualification motions, and fee disputes.

Mr. Elkanich frequently counsels lawyers and other professionals on how to navigate an "electronic" practice, including the rules of engaging in online activity, utilizing social media, and considering data privacy, breach and response. He shares his opinions on these evolving topic and others on his Twitter handle @DavidElkanich.

Mr. Elkanich is the past chair and current member of the Oregon Legal Ethics Committee; chair of the RPC 8.4 (Anti-Bias) Drafting Committee; member, OSB Discipline System Review Committee; former member, Washington Rules of Professional Conduct committee; former member, Oregon State Bar Unlawful Practice of Law Task Force; former member, Oregon State Bar Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member; Center for Professional Responsibilities, American Bar Association. 

Mr. Elkanich also is an adjunct professor at Lewis & Clark Law School, where he has taught Regulation and Legal Ethics.

In addition, Mr. Elkanich has a general litigation practice, commercial litigation practice, where he regularly represents clients in the financial services industry, including national banks, mortgage bankers, loan servicers, debt collectors and consumer finance companies.  He also has experience with liability defense, environmental litigation, commercial disputes and product cases, and he regularly practices in state and federal court in Oregon, Washington and Idaho.

Mr. Elkanich graduated from the University of Arizona (1996), B.A., magna cum laude; J.D., University of Oregon School of Law (1999).  Mr. Elkanich has been a member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; he is also admitted to practice in the U.S. District Court, District of Oregon, Western and Eastern Districts of Washington, District of Idaho, and the Ninth Circuit of Appeals.


James K. Landau is a member of our Business Litigation and Appellate Practice groups. Jim's objective in litigation matters is to handle a matter in such a way that helps maintain a client's competitive advantage in its business. Jim has over 30 years of commercial litigation experience. Jim has spent the bulk of his experience at Proskauer Rose LLP and Brown Raysman Millstein Felder & Steiner LLP. Jim has represented companies of all sizes and individuals in federal, state and local courts and tribunals, including arbitrations before the American Arbitration Association and mediations. Jim’s practice focuses on a broad range of matters, including commercial real estate litigation, commercial landlord-tenant litigation, commercial collection work, commercial arbitrations, insurance coverage litigation, bankruptcy litigation, employment disputes, partnership dissolution proceedings, and mortgage foreclosure actions. Jim also frequently counsels employers and employees in connection with the enforceability of restrictive covenants in employment agreements.

Jim has also received a peer review rating of AV®Preeminent on Martindale-Hubbell®.

Jim has also been recognized as a New York Super Lawyer in the area of Business Litigation.

 


Kelly is Senior Attorney & Leader, Global Corporate Citizenship at Dun & Bradstreet.  Kelly advises extensively on licensing the company’s core intellectual property.  She is responsible for negotiating global strategic alliance technology agreements.  In addition, she advises on apps, data licensing, and digital marketing contracts.   Kelly created, coded, and implemented a company-wide contract template system to achieve efficiency by automatically configuring agreements based on deal specific terms.  She started Dun & Bradstreet’s award-winning Pro Bono Program and works closely with the company’s Chief Legal Officer and Head of Global Corporate Citizenship to design and run the company’s global Corporate Social Responsibility function.

Previously, Kelly was an Assistant General Counsel at American International Group, Inc. and Associate General Counsel for AIG.com, Inc.  Kelly advised on intellectual property issues including domain name, trademark, and copyright matters, as well as intellectual property aspects of mergers and acquisitions. She co-drafted AIG's social media policy and routinely monitored and updated the social media policy to adjust to a constantly evolving legal landscape.  Kelly was responsible for negotiating global, enterprise-wide agreements, including outsourcing agreements, licensing agreements, software-as-a-service agreements, professional services agreements, and other large-scale commercial contracts.  Kelly was also an active member of AIG's Pro Bono Committee.

Prior to joining AIG, Kelly practiced at Latham & Watkins in its technology transactions group.  Kelly is a graduate of Princeton University and Cornell Law School.


Richard Raysman is a partner in the New York office of Holland & Knight.  Richard has been selected by Chambers as one of America's leading technology lawyers, and he is a regular guest columnist for The Wall Street Journal Technology Section.  He has represented clients in billions of dollars of outsourcing transactions, and he has litigated reported cases for the New York state and federal courts including Internet and licensing disputes.  Richard writes a monthly column for the New York Law Journal on "Technology Law".  He is a graduate of M.I.T. and prior to practicing law, he was a Systems Engineer for IBM Corporation for six years.


Jonathan J. Anastasia is Senior Managing Counsel supporting Mastercard Labs at Mastercard.  In his role, Jonathan is responsible for leading a team that helps drive innovation across all products at Mastercard. His team provides integrated legal and transactional support in the development of products and services in the areas of blockchain, artificial intelligence, machine learning, internet-of-things, chatbots, conversational commerce, mobile applications, digital & product consulting and data research.