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Ethics in Social Media 2020


Speaker(s): Anne Marie Bowler, James K. Landau, Jennifer Finnegan, Mark H. Francis, Rashmi Chandra, Scott L. Malouf
Recorded on: Mar. 13, 2020
PLI Program #: 277760

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.


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.

 


Mark Francis is partner in the Data Strategy, Security and Privacy group at Holland & Knight LLP in New York.  Mark advises clients on tech and data matters across a wide array of matters that includes counseling and regulatory compliance, transactions, and investigations or disputes stemming from security and data incidents. 

Mark has a background in computer science and telecommunications, and received his JD/MBA from Fordham University.  He also has a number of cybersecurity and data privacy certifications including as a Certified Ethical Hacker (CEH), as well as an IAPP Fellow of Information Privacy.  Mark is currently serving on the Board of Directors of the New York Metro InfraGard association.


Aon’s Professional Services Group is the only insurance broker with a dedicated loss prevention team to serve its law firm clients. As a member of the loss prevention team, Jennifer Finnegan advises Aon’s 275+ law firm clients on risk management, professional responsibility, professional liability, and legal ethics issues. 

Prior to joining Aon in 2018, Jenny was the General Counsel of Herrick, Feinstein LLP, a mid-sized, full service law firm based in New York. Before taking on the General Counsel role, Jenny was a litigation partner at Herrick, focusing her practice on civil litigation for financial institutions and for manufacturers in the pharmaceutical, consumer products, and automotive industries. She has more than 20 years’ experience as a litigator and over 12 years’ experience in professional responsibility counseling and defense of professional liability claims.

Jenny graduated from Georgetown University Law Center in 1995 and earned her undergraduate degree summa cum laude from The College of New Jersey.

She is admitted to practice law in New York, New Jersey, and Washington, DC.


Rashmi Chandra brings over two decades of experience as a technology and intellectual property transactions lawyer. In her last position she served as Executive Director and Head of the Intellectual Property/Information Technology law practice group at Aetna Inc., one of the nation’s premier provider of health care, dental, pharmacy, disability insurance. As the lead IP counsel, Rashmi played a strategic role a number of pioneering initiatives including Aetna’s launch of an Enterprise Digital Accessibility policy and a Digital Accessibility center, establishing a Patent Center of Excellence, and overseeing all legal and strategic enforcement and maintenance issues relating to the Aetna enterprise and its subsidiaries’ intellectual property assets, brand counseling, media, technology and software legal issues. 

Prior to her inhouse career, Rashmi spent eight years in private practice as an IP and Technology Transactions lawyer at Kirkland & Ellis (Chicago office) specializing in technology and business process outsourcing and other IP transactions.

Rashmi has served as a faculty member with the Practising Law Institute since 2015 speaking regularly on the Legal Risks of Social Media and other IP-related topics. She recently served as a faculty member with Harappa Education in India for their course: Speaking Effectively and will be a guest lecturer at the University of Connecticut School of Law IP Clinic. Rashmi serves as President and is on the Board of Directors for the South Asian Bar Association of Connecticut. 


Scott L. Malouf is a social media attorney. He helps organizations easily understand social media’s complexities and use social media to best effect.

He works with each client to determine the client's unique online goals, culture and risks. He devises real-world best practices and educates users on key legal risks and how to adapt to new challenges.

Scott advises organization on social media/tech policies and practices, employee online activities, negative reviews, social media in litigation, BYOD, ethics, background assessment, influencer risks, shadow IT, eDiscovery and more.

Scott also helps other lawyers use social media and digital information in litigation. Scott identifies online and device evidence; seeks or opposes discovery of digital information/devices; advises on evidentiary issues, discoverability, novel claims, ethics and other legal issues. He also develops budgets; assesses new litigation technology and makes using digital evidence faster, easier and more predictable.

Scott is a member of the American Bar Association/BNA Lawyers Manual on Professional Conduct Editorial Advisory Board. He is also a contributor to the ABA publication Handbook on Global Social Media Laws for Business Lawyers (Chapter 7: Defamation, Discovery of Sources, and Fake News). Scott’s contribution to that book focused on social media crisis communications and an attorney’s role in a social media crisis.

Scott is also an active member of the New York State Bar Association’s Social Media Committee, where he co-authored the Social Media Ethics Guidelines, an influential national ethics resource, and he contributed to the Social Media Jury Instructions Report. He also managed the Section’s Twitter feed and chairs CLEs.

Scott writes and speaks extensively and has appeared on television, National Public Radio (NPR), before the National Advertising Division (part of the BBB), on behalf of the American Board of Trial Advocates, in podcasts, at CLEs and in many other forums.

Scott is a Rochester, New York native. He received his B.A. from Hamilton College and his law degree from Vanderbilt University. He is licensed to practice law in New York and Massachusetts.

He can be reached at info@scottmalouf.com. See more at Scott’s LinkedIn profile.