Originally held on Thursday, June 23, 2016 | 9:00 am – 11:30 am
Program Co-Chair
David G. Keyko
Pillsbury Winthrop Shaw Pittman LLP
Program Co-Chair
Justin D. Mayer
Morrison & Foerster LLP
Program Co-Chair
Kathy L. Rose
Simpson Thacher & Bartlett LLP
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This program will explore the application of the rules of professional conduct to attorney advertising in the context of social media, with a focus on New York rules and authority. Recent bar opinions and case law shed light on these issues, and hypotheticals will be worked through by the presenters based in large part on recent opinions relating to real life situations.
DVDs/CDs : $229 Member | $329 Nonmember
On-Demand: $179 Member| $279 Nonmember
Materials Only (No CLE Credit): $99 Member| $129 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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William McCracken
Ganfer & Shore, LLPMichael Munoz
Golenbock Eiseman Assor Bell & PeskoeJennifer Paradise
White & Case LLP -
9:00 – 9:10 Introduction and Overview
Kathy L. Rose and David G. Keyko- Overview of committee work and new white paper guidance: “Commentary on New York’s Ethics Rules Governing Advertising and Solicitation and the Use of Social Media and Other Forms of Communication.”
- First Amendment protection for attorney advertising: Central Hudson and its progeny
9:10- 9:30 History of Relevant Rules of Professional Conduct
Justin Mayer- Overview of history of the amendments to Rule 7.1 that were adopted by the courts effective April 15, 2011 after the Second Circuit decision in Alexander: client testimonials, portrayal of judges, attention-getting techniques, and use of mottos/nicknames
- Overview of history of Rule 7.4, and the current state of the New York Rules on disclaimers in attorney advertising following Hayes
9:30- 10:10 Social Media Communications Covered by Rules of Professional Conduct
Jennifer Paradise- What social media is considered “advertising” under Rule 7.1.
- What constitutes “solicitation” under Rule 7.3 in the context of social media: educational materials, client communications, texting, websites, and blogs
- Multi-State and international law firms: jurisdictional reach of the New York rules
10:10- 10:20 Break 10:20- 10:55 Specific Issues Relating to Other Types of Advertisements
Michael Munoz and William McCracken- A review of Rule 7.1 and Rule 7.3 substantive limitations
- How the rules apply to specific forms of advertising: websites, lawyer ratings, social media postings, texting, coupons, joint advertising, internet video, chat rooms, television and radio, electronic and print brochures, print ads, blogs, email, phone calls, in person meetings, and billboards
10:55- 11:30 Hot Topics and Grey Areas
Kathy L. Rose and David G. Keyko- 2015 NYCAL and 2016 N.Y. City Bar conflicting ethics opinions on LinkedIn (and Facebook)
- Federal District Court decision on use of the terms specialist and expert and other grey areas
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This program provides 2.5 credits in ethics for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.
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* New York residents will be charged the New York sales tax for all audio visual purchases.
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Sponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org
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