#WhatYouNeedToKnow: Professional Conduct and Advertising in the World of LinkedIn, Facebook, and Twitter

Originally held on Thursday, June 22, 2017 | 9 am – 11:30 am

 

Program Co-Chair
David G. Keyko
Pillsbury Winthrop Shaw Pittman LLP

Justin D. MayerMorrison & Foerster LLP

Program Co-Chair
Justin D. Mayer
Morrison & Foerster LLP

Program Co-Chair
Jennifer Paradise
White & Case LLP

  • 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: $199 Member | $299Nonmember
    On-Demand: $149 Member| $249 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.

  • William McCracken
    Ganfer & Shore, LLP

    Michael Munoz
    Golenbock Eiseman Assor Bell & Peskoe

  • 9:00 am – 9:05 am Introduction and Overview of Program
    David Keyko
    9:30 am – 9:55 am Overview of First Amendment and Jurisdictional Issues

    • Limitations on content raise First Amendment, free speech issues – do the rules have a demonstrable benefit (disclaimers, endorsements, eye-catching techniques, puffery, and identification of specialties)?
    • Key decisions striking down certain advertising rules on First Amendment Grounds (Central Hudson, Hayes, Alexander, Harrell, Searcy).
    • Jurisdictional reach of the New York Rules – multi-state and international law firms.

    David Keyko

    9:55 am – 10:25 am Applying the Rules to Social Media Communications

    • 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.
    • Specific opinions relating to the use of LinkedIn and Facebook (application to WeChat).
    • The challenges of complying with disclaimer requirements.

    Jennifer Paradise

    10:25 am – 10:35 am Break
    10:35 am – 11:30 am Specific Issues and Hot Topics

    • How the rules apply to specific forms of advertising: websites, lawyer ratings, “educational pieces,” texting, coupons, internet video, blogs, and email.
    • Hot topics: APRL/ABA proposal to revise the advertising rules, making them simpler and uniform.

    Michael Munoz, William McCracken and David Keyko

  • 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.

  • Sponsoring Association Committee:
    Professional Responsibility | Meredith S. Heller, Chair

    Sponsorship Opportunities are Available! Please Contact:

    Maricela Alfonso| Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org

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