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Ethical Implications of Social Media Use for Lawyers

Speaker(s): Ariel M. Risinger, James A. Sherer, Leah Kelman, Mark H. Francis
Recorded on: Feb. 13, 2020
PLI Program #: 291934

James Sherer is a Partner in the New York office of BakerHostetler, where he is a co-leader of the Emerging Technology team for the Digital Assets and Data Management Group and directs the firm’s Artificial Intelligence and Information Governance engagements.  James assists with oversight of discovery and Electronically Stored Information issues for firm clients.  James is also tasked with “deep dive” technological and case law-related assignments for omnibus motions and case strategy.  James’s work and scholarship focuses on litigation; discovery management processes; enterprise risk; records and information governance; data privacy, security, and bank secrecy; technology integration issues; artificial intelligence; social media and the Internet of Things, and related merger and acquisition diligence. 

James holds an MBA, the CIPP/US, CIPP/E, CIPM, FIP, and PLS data privacy professional credentials, the CIP and IGP information governance designations, the UCLA Extension Global Cyber Institute’s Cybersecurity Certification, and the CEDS and eDPC eDiscovery specialist credentials. James is U.S. and Global Chambers® Ranked for eDiscovery, a Life Fellow of the American Bar Foundation, and serves as a member of The Sedona Conference® Working Groups One, Six, and Eleven. He is also a member of the New York State Bar Association eDiscovery Committee as well as the New York eDiscovery Counsel Roundtable.  James serves as an elected board member for the New York Chapter of ACEDS, the Stecher & Horowitz Foundation, and the Michigan-based Cleveland Manor Community.  He is admitted to practice in New York, Washington DC, and Michigan.


Leah Kelman is Associate General Counsel of Herrick, Feinstein LLP.  She is a litigator concentrating her practice on complex commercial litigation, including class action defense, title insurance, and professional responsibility, ethics and risk management.  Leah’s practice includes class action and product liability defense work in state and federal court.  Leah also often represents real estate and title insurance clients, handling complex real estate claims on behalf of their insureds. Leah advises the firm on a range of matters including ethics compliance, litigation, risk management and insurance issues.  Leah is a member of the firm’s Risk Management Committee and serves on the firm’s Electronic Discovery Committee.

Ariel Risinger, a transactional attorney, assists business clients with a focus on technology, intellectual property, privacy and cybersecurity matters. She is skilled in technology transactions, privacy and global business operations with a focus on the implementation of emerging tech in regulated industries. Clients seek Ariel out for her practical, business-minded approach and her extensive experience in the financial services industry.

Prior to joining the firm, Ariel served as in-house counsel for the property and casualty and specialty risk division of a multinational insurance company, supporting its global sourcing teams. She was the lead legal counsel for its construction ecosystem, a first-of-its-kind digital customer experience bringing the most innovative construction tech, from artificial intelligence to IoT, to customers. In this capacity, she advised the ecosystem team on business and regulatory compliance strategy, marketing and communications, and negotiated partnerships with tech start-ups. Before this role, Ariel was an assistant counsel at another multinational insurance company, advising the company's social media and digital marketing teams across the globe.

Ariel clerked at the Court of Justice of the European Union in Luxemburg for Judge Borg Barthet (ret.) of Malta.

Mark H. Francis is a tech and data partner at the law firm Holland & Knight LLP in New York, with a focus on cybersecurity, data privacy, intellectual property and emerging technology.  Mark’s practice spans counseling, legal compliance, investigations, litigation, and a wide array of transactions.  In connection with his practice, Mark advises clients on information governance, third party risk management, federal, state and foreign privacy laws, artificial intelligence, adtech and data strategy.  He frequently counsels clients in response to data breaches and other incidents, guiding them through internal investigations, regulatory inquiries, and legal disputes.

Mark has a background in computer science and telecommunications, and received his JD/MBA from Fordham University. He is a Certified Information Systems Security Professional (CISSP) and Certified Ethical Hacker (CEH), as well as an IAPP CIPP/US, CIPT, Privacy Law Specialist and Fellow of Information Privacy. 

Mark is a board member and Governance Committee Chair for the New York Metro InfraGard Members Alliance, and Chair of the IAPP’s CIPP/US Exam Development Board. Mark is currently serving as a Special Government Employee on the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee.