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Ethics in Social Media 2021


Speaker(s): Jennifer Finnegan, Mark H. Francis, Ronald C. Minkoff, Scott L. Malouf, Tarique N. Collins, Zalika Pierre
Recorded on: Mar. 12, 2021
PLI Program #: 305820

Ronald C. Minkoff is the head of the Professional Responsibility Group at Frankfurt Kurnit Klein & Selz, PC and one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility.  In addition to representing businesses and individuals in commercial litigation, Mr. Minkoff represents attorneys in partnership disputes, disciplinary cases, and legal malpractice actions.  Mr. Minkoff is a member of the Executive Committees of the New York State Bar Association and the New York County Lawyers’ Association, a member of the Committee on Standards of Attorney Conduct of the New York State Bar Association, which helped draft and continues to revise the New York Rules of Professional Conduct, a member of the Policy Implementation of the ABA Center on Professional Responsibility, and a past President of the Association of Professional Responsibility Lawyers.  He has taught as an Adjunct Professor of Professional Responsibility at Columbia University School of Law, New York University School of Law, Fordham University School of Law, Cardozo School of Law and Brooklyn Law School. He has served as the editor of the New York Legal Ethics Reporter, and has written extensively for that and other publications on all aspects of the “law of lawyering.”


Jennifer Finnegan is a Senior Vice President and Executive Director with the Professional Services Practice at Aon.  As a member of Aon’s Loss Prevention team, Jennifer consults with Aon’s 275+ law firm clients on a wide range of risk management and professional responsibility and liability 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 defense of professional liability claims.

Jenny earned her J.D. from Georgetown University Law Center and her B.A., summa cum laude from The College of New Jersey.  She is admitted to practice law in New York, New Jersey, and Washington, DC.


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.


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.


Tarique N. Collins, Esq. is a Vice President, Compliance and Privacy Counsel at Click Therapeutics, Inc. He is a privacy, cybersecurity and compliance attorney with extensive knowledge of U.S. and international privacy and security laws and regulations. He has significant experience in data privacy, data protection and security-related legal and compliance matters, HIPAA compliance, data breach response, and crisis management. He is a Certified Information Privacy Professional/United States (CIPP/U.S.) and a Certified Information Privacy Manager (CIPM) through the International Association of Privacy Professionals (IAPP).


Zalika Pierre is Associate General Counsel at Instagram, where she advises clients on a wide range of privacy and e-Commerce issues, including online privacy policies, consumer protection, terms of use, merchant and user rights and legal risk mitigations.  Prior to joining Instagram, Zalika was a litigator at Holland and Knight and at Reed Smith. As a litigator, Zalika represented a broad variety of corporate defendants in consumer class actions and complex litigation arising from alleged consumer privacy violations and allegations of data misuse.