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Ethics in Social Media 2015

Speaker(s): Francesca A. Morris, James Coplit, James A. Sherer, James K. Landau, Jane Shahmanesh, Jenevra Georgini, Mark A. Berman, Richard Raysman, Thomas G Hoffman
Recorded on: Mar. 16, 2015
PLI Program #: 58776

Francesca Morris practices in the New York Litigation Practice Group. Ms. Morris advises and represents foreign and domestic companies and financial institutions in complex commercial disputes related to breaches of contract, business torts, defamation, copyright and trademark infringement and licensing disputes. In addition, Ms. Morris routinely negotiates and drafts domestic and international licensing and software as a service agreements. Ms. Morris has experience in jury and non-jury trials and appeals in federal and state courts. A substantial part of Ms. Morris's practice relates to international business disputes. Ms. Morris represents secured lenders and creditors in highly contested bankruptcies under Chapter 11 and Chapter 15.

She has appeared pro bono representing victims of domestic violence in obtaining orders of protection and in marital and family law matters, such as custody, visitation and child support disputes and divorce. In December 2003, Ms. Morris was awarded the John K. Geiger Award for commitment to justice by the not-for-profit group inMotion, Inc. for her pro bono work. Ms. Morris is a member of the New York Office Diversity Committee.

Honors & Awards

  • New York Super Lawyers magazine, 2012, 2014
  • John K. Geiger Award for Commitment to Justice, inMotion, Inc., 2003


  • Social Media is Your Frenemy:Lawyer’s Ethical Dilemmas, Co-Author, The Computer Law and Internet Lawyer, October 2014
  • How to Minimize Cloud Operational Risk, Co-Author, Wall Street Journal, CIO Journal, September 18, 2014
  • The Software Audit: Not "if" but "When,"Wall Street Journal, CIO Journal, July 14, 2014
  • Rightsourcing:Seeking a Balance Between Insourcing and Outsourcing, Co-Author, Practical Law The Journal, April 2014
  • CIOs Need to Bone Up on Robotics Regulations,” Co-Author, Wall Street Journal, CIO Journal, March 17, 2014
  • CIO Responsibility for Social Media, Co-Author, The Wall Street Journal, CIO Journal, February 20, 2014
  • Avoiding System Failure for Complex Software Projects, Co-Author, Wall Street Journal, CIO Journal, January 6, 2014
  • How Banking CIOs Can Meet Third-Party Vendor Requirements, Co-Author, Wall Street Journal, CIO Journal, December 16, 2013
  • How CIOs Can Avoid Outsourcing Risk, Co-Author, Wall Street Journal, CIO Journal, November 25, 2013
  • Software License Disputes: Managing the Inherent Risks, Practical Law Company Intellectual Property & Technology, May 2012
  • Software License Disputes: Managing the Inherent Risks, Practical Law Company, September 2011

Speaking Engagements

  • Ethics in Social Media 2014, Evidence for Social Media, Practising Law Institute, March 17, 2014
  • IP Trademark, Copyright & Licensing Counsel Forum, Moderator, Software Licensing Disputes, October 22, 2013
  • Insourcing v. Outsourcing - The Pendulum Swings and How to Avoid Risk, Holland & Knight Program, October 8, 2013
  • Ethics in Social Media 2013, Evidence for Social Media, Practising Law Institute, March 18, 2013
  • Outsourcing Risk/Compliance, The Outsourcing Roadshow, December 5, 2012
  • Ethics in Social Media, the Internet: Your Friend and Your Enemy, ALM Webinar, September 12, 2012
  • How to Resolve Critical Software License Disputes 2012, Practising Law Institute, June 27, 2012
  • Software License Disputes, Practising Law Institute Webcast, August 11, 2011
  • The Close Call of Software Licensing Disputes, Lawline webinar, April 20, 2011
  • When Good Software Licenses Go Bad, ALM webinar, April 5, 2011
  • Protecting Your Brand: Trademark Litigation for Increasing Profits, January 26, 2011
  • Improving a Company's Profitability -- Monetizing Patents and Financing Commercial Litigation, September 21, 2010


  • Fordham University School of Law, J.D.
  • University of Leeds (England), B.A., English Literature and History, with honors

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • All State Courts in New York

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.


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.


Jane Shahmanesh is a Managing Director with Adherence Consulting Group, which provides outsourced regulatory compliance, general counsel and operational services to asset managers and broker-dealers.  Prior to Adherence, Jane worked as an in-house legal and compliance lawyer for a Who’s Who of financial institutions - including Lehman Brothers (where she counseled the bankrupt entity’s derivative unwind),  Goldman Sachs & Co. (where she ran a division of their Compliance Department), Credit Suisse (where she was the interim legal manager for CSAM and its hedge fund businesses), Citibank (where she was the General Counsel to the Private Bank), and Deutsche Asset Management (legacy Bankers Trust)(where she supervised the legal and compliance department).  

She was also a Partner at McGuireWoods, LLP, one of the nation’s largest law firms. 

Jane currently teaches regulatory compliance at Pace Law School

She has a BA from Barnard College and a JD from American University.

Jenevra Georgini is Associate General Counsel at American International Group, Inc., where she heads the Digital & Business Services legal group.  Jenevra focuses on social media issues, contracts for data and services, and outsourcing.  Her experiences at AIG include managing through a time of industry-wide change, leading novel technology deals, and helping negotiate acquisitions and divestitures.

Before joining AIG, Jenevra was an associate at the law firm Brown Raysman, where she represented companies ranging from startups to multinationals in corporate and intellectual property matters.  She received her law degree from Brooklyn Law School and her BA from Tufts University.

Thomas G. Hoffman, Jr. focuses on representing institutional investors in complex securities actions.

Thomas was instrumental in securing a $1 billion recovery in the eight-year  litigation against AIG and related defendants. He also was a key member of the Labaton Sucharow team that recovered $170 million for investors in In re 2008 Fannie Mae Securities Litigation. Currently, Thomas is prosecuting cases against BP and Facebook.

Thomas received a J.D. from UCLA School of Law, where he was Editor-in-Chief of the UCLA Entertainment Law Review, and served as a Moot Court Executive Board Member. In addition, he was a judicial extern to the Honorable William J. Rea, United States District Court for the Central District of California. Thomas earned a B.F.A., with honors, from New York University.

Ongoing Cases
In re BP plc Securities Litigation
In re Celestica Inc. Securities Litigation
In re Facebook, Inc., IPO Securities and Derivative Litigation

Settled Cases
In re 2008 Fannie Mae Securities Litigation
In re American International Group, Inc. Securities Litigation In re STEC, Inc. Securities Litigation

Published & Presented
Practising Law Institute (PLI), Ethics in Social Media Live Webcast (03/16/2015)

Practice Areas
Securities Litigation

UCLA School of Law
J.D., 2004
New York University
B.F.A., with honors, 1995

2005, New York
U.S. District Court
2007, Southern District of New York 2007, Eastern District of New York

Mark A. Berman is a partner in the Commercial Litigation Practice of Ganfer Shore Leeds & Zauderer LLP as well as Co-Chair of its Complex Title Litigation Practice. He is a seasoned litigator whose practice focuses on representing domestic and international companies and individuals in complex commercial disputes in courts and in arbitrations on both the plaintiff and defendant’s side with an emphasis on real estate and securities matters, as well as on electronic discovery disputes.  Prior to joining Ganfer & Shore, he 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.  He is also a trained mediator.

Mr. Berman has written and spoken on electronic discovery, cybersecurity, ediscovery, professional responsibility and social media issues before the American Bar Association, the New York State Bar Association, the New York City Bar, the New York County Lawyers’ Association, as well as the New York Appellate Divisions and New York State Judicial Institute.  He has been appointed by the Chief Administrative as a member of New York State E-Discovery Working Group advising the New York State Unified Court System.  Since 2005, Mr. Berman has had a column in The New York Law Journal addressing electronic discovery under New York State law. 

He is on the Executive Committee of the New York State Bar Association.  He is co-chair of the Technology Working Group of Chief Judge DiFiore’s Commission to Reimagine the Future of New York's Courts as well as a member of the Working Group on Reopening Law Firms due to the Pandemic.  He is also the Co-Chair of its Committee on Technology and the Legal Profession.  He is also the former Chair of the Commercial and Federal Litigation Section of the State Bar and Co-Chair of its Commercial Division Committee.   Mr. Berman is a member of the Litigation Section of the American Bar Association, and the Federal Bar Council Second Circuit Courts Committee. He is rated “AV” by Martindale-Hubbell and has been selected as a "New York Super Lawyer” for 2008-through the present.  He is a Fellow of The New York Bar Foundation.

Mark Berman designed and taught the first law school course on technology and the law in the United States through a bar association at CUNY School of Law.  Mr. Berman taught a similar course at Syracuse University College of Law in the fall of 2020 and is currently teaching it at Albany Law School.  He has also taught technology classes at the Maurice A. Deane School of Law at Hofstra University.

Mr. Berman is a 1986 graduate of Columbia College and a 1990 magna cum laude graduate of Benjamin N. Cardozo School of Law.

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.