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Social Media: Ethics & Records Considerations


Level: Advanced
Runtime: 61 minutes
Recorded Date: February 02, 2017
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Agenda

  • Social Media defined
  • Social media considerations for lawyers
  • Applicable ethics provisions
  • Records retention and Disposition considerations
Runtime: 1 hour
Recorded: February 2, 2017
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Social Media presents a host of challenges for organizations, not the least of which involve its impact on legal ethics and records retention considerations. John Isaza will lead a panel of experts and walk the audience through legal ethics implications arising from a social media presence, including best practices on how to address those ethical concerns. A related topic of discussion will be the records that could arise from social media, including best practices on how to declare, classify and manage the resulting records.

This program was recorded on February 2nd, 2017.

Provided By

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Panelists

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Jefferey Ogden Katz

Member
The Patterson Law Firm LLC

Jefferey Ogden Katz is a leading litigation attorney and has handled numerous professional liability cases throughout the country. Mr. Katz and The Patterson Law Firm, LLC regularly represent individuals, private and public corporations and law firms in litigation, trials and alternative dispute resolution involving professional liability and disciplinary issues.

As a partner in the firm, Mr. Katz has originated and obtained a settlement in excess of $10 million in a legal malpractice matter involving complex intellectual property matters. He has also originated and obtained a judgment in the amount of $2.5 million for a professional athlete in an action involving a failed purchase of a professional sports franchise. Mr. Katz successfully defended an action on behalf of an NBA player in the 7th Circuit Court of Appeals brought by that player's former agent for breach of the player-agent agreement. The claim sought damages in excess of $1.2 million.

In addition, Mr. Katz represents attorneys before the Illinois Attorney Registration and Disciplinary Commission (ARDC); attorneys with respect to practice expansion and multi-jurisdictional practice issues; and candidates for admission to the Illinois Board of Admissions to the Bar.

Mr. Katz has served as the Chair of the Chicago Bar Association Young Lawyers Section of the Professional Responsibility Committee since 2009. He is a frequent speaker on professional liability issues and has presented to the Chicago Bar Association, American Association for Justice (formerly American Trial Lawyers Association) and American Conference Institute on professional liability issues. Mr. Katz is a notable media source and has been cited on ESPN and in Sports Illustrated on issues relating to professional liability.

Prior to joining The Patterson Law Firm, LLC in September of 2012, Mr. Katz worked for The Spellmire Law Firm where he personally handled numerous legal malpractice and professional liability cases. He is a graduate of the University of Wisconsin at Madison and received his law degree from Case Western Reserve University School of Law in 2004. Mr. Katz is licensed in Illinois, Wisconsin and Kentucky.

Jeffery earned his JD at Case Western Reserve University School of Law in 2004 and a BA in International Relations and Political Science University of Wisconsin at Madison in 2000.

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Jerry Cohen

Partner
Burns & Levinson LLP

Jerry Cohen has had a broad spectrum career in intellectual property law and related activities including business organization, finance, regulation and business and legal ethics.

Jerry has more than 40 years of experience handling patent, copyright, trademark, trade secret, unfair competition, antitrust and IP misuse, licensing/franchising, visual arts, software, databases and publication law, formation and operation of business enterprises and not-for-profit organizations, international trade, litigation/ADR, and legal ethics. He manages the acquisition, licensing and litigation of intellectual property rights. He has also served as an expert witness, arbitrator and mediator in intellectual property matters.

Jerry has had a long-term practice in IP and Corporate development for new enterprises. He also provides service as mediator/arbitrator (with AAA, JAMS) and is a Fellow of the Chartered Institute of Arbitrators.

Jerry earned his JD with distinction at George Washington University and his BS at Rensselaer Polytechnic Institute.

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Kevin Fumai

Senior Managing Counsel
Oracle Corporation

Kevin oversees the legal function of the Marketing Cloud and Communications and Retail Global Business Units at Oracle. He is responsible for all corporate and commercial activities, including acquisitions, strategic alliances, partnerships, and the spectrum of technology transactions (software, cloud/SaaS, hardware, consulting, outsourcing). He also partners with executive management and key stakeholders to support the product development lifecycle, monitor and mitigate organizational risks, ensure compliance with legal and regulatory requirements worldwide (including data privacy), and resolve disputes with customers, partners, and vendors.

Kevin has focused on the telecommunications, media, technology, and financial services industries during his career. He has significant knowledge of the challenges and opportunities faced by companies in these heavily regulated and highly competitive industries, including in new and emerging markets. In addition, his tenure at Oracle has provided in-depth insight into disruptive technologies such as cloud computing, big data/analytics, e-commerce, and social media, as well as the data privacy and security issues implicated by their rapid adoption.

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John Isaza, Esq.

Partner
Rimon PC

John Isaza, Esq., FAI heads the Information Governance & Records Management practice at Rimon. Mr. Isaza is internationally recognized in the emerging legal fields of information governance, as well as records and information management (RIM). He is one of the country’s foremost experts on RIM issues, electronic discovery, and legal holds. He has developed information governance and records retention programs for some of the most highly regulated Fortune 100 companies, including related regulatory research opinions. His clients range from the Fortune 100 to startups.

Mr. Isaza is also an expert in social media law. He is the current chair of the ABA’s Social Media Law Subcommittee of the Business Law Section of the American Bar Association. In this capacity he is a contributing author and Editor in Chief of the upcoming book, A Handbook on Global Social Media Law for the Business Lawyer, to be published the ABA. Mr. Isaza is a frequent lecturer on the issue, and he advises clients on the difficult issues in navigating a social media presence.

Prior to joining Rimon, Mr. Isaza was cofounder and Partner of Howett Isaza Law Group, a boutique law firm specializing in corporate compliance matters, complex business, real estate, construction, employment and environmental litigation. Immediately prior to that, he served as in-house General Counsel to a publicly traded medical device manufacturer, now owned by Abbott Laboratories. Mr. Isaza rounds out his previous experience with over a decade as a trial lawyer specializing in business, environmental contamination, products liability and construction defects. During that time, he served as Arbitrator for the Los Angeles Superior Court. Mr. Isaza attended Boston College Law School, where he served as Editor of the International Law Review. In 1989, he served as Judicial Extern in the United States District Court of Massachusetts, Honorable David S. Nelson.

Mr. Isaza is a highly sought-after speaker in the ARMA, AIIM, ABA, American Bankers and IT compliance circuits. Mr. Isaza serves on various committees of the ABA, including the Cyberspace Law Committee and the E-Discovery and Digital Evidence Committee; he is a contributing author to the ABA’s Internet Law 2nd Edition, as well as ARMA’s GARP? Metrics & Audit Guide; he is past President of the Greater Los Angeles ARMA Chapter and of the Hispanic Bar Association of Orange County; he served on the Board of Directors of ARMA International, the Orange County Bar Association, and he currently serves on the Board of Orange County’s Public Law Center. Mr. Isaza co-authored a book entitled 7 Steps for Legal Holds of ESI & Other Documents released in July 2009 and was a contributing author in 2012 to the ABA's Internet Law for Business Lawyers, 2nd Edition. He is the 2008 recipient of ARMA’s prestigious Britt Literary Award, and his writings have been featured in The American Lawyer’s Law.com. In 2011, Mr. Isaza was named the 45th Fellow of ARMA International (the “FAI” designation after his name) - the highest honor bestowed by the professional association of records and information managers.


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