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  • SOCIAL MEDIA and ETHICS:

    Avoiding Costly Mistakes Panelists

    JUDGE CURTIS E.A. KARNOW Superior Court, County of San Francisco

    JAMES S. DeGRAW Partner, Ropes & Gray LLP

    ERIC J. SINROD Partner, Duane Morris LLP

    RICHARD zITRIN Of Counsel, Carlson Calladine & Peterson LLP

    VITALy GASHPAR Moderator

    2.0 CLE credits Wednesday, January 23, 2013

    8:30 to 9 am – registration, networking and

    continental breakfast

    9 to 11 am – program

    Commonwealth Club 595 Market Street, 2nd Floor

    Downtown San Francisco (Montgomery Street Bart/Muni)

    in this Recorder Roundtable, distinguished panelists will discuss the ethical pitfalls in using social media to investigate and prepare cases. From a judicial perspective to views from practitioners who have developed expertise in the fi eld, attendees will learn the latest information on avoiding costly mistakes in use of social media in their practices. This 2-hour, live cLe panel includes time for audience questions and answers.

    8:30–9:00 Registration

    9:00–9:30 competence — familiarity with social media and meeting the standard of care

    9:30–10:00 advertising/solicitation — social media postings and advertising — including new state bar opinion

    10:00–10:15 social Media Relationships — Facebook friends and rules of professional responsibility

    10:15–10:30 investigations — issues with social media investigations of witnesses, opposing parties, jurors

    10:30–11:00 audience Q&a

    RECORDER ESSENTIAL CALIFORNIA LEGAL CONTENT 1035 MARKET ST., SUITE 500 | SAN FRANCISCO, CA 94103 | 415.490.9990

    Social Media and Ethics: Avoiding Costly Mistakes

    Index to supplemental materials

    Capital Accounts: Like to Brag on Twitter? Don’t Forget the Fine Print . . . . . . . . . . . . . . 5

    Bill Aims to Protect Public Employees’ Social Media Accounts . . . . . . . . . . . . . . . . 6

    Whose Friends Are They Anyway?. . . . . . . 7

    Marketing Through Social Media . . . . . . . 8

    Is Lying on Facebook a Crime? . . . . . . . . . 10

    Opinion No. 2012-186. . . . . . . . . . . . . . . . . . 13

  • 2 The Recorder Roundtable Best Practices: SOCIAL MEDIA AND ETHICS January 23, 2013

    JUDGE CURTIS E.A. KARNOW Superior Court, County of San Francisco

    Judge Karnow serves in the Complex Litiga- tion Department of the Superior Court of Califor- nia, San Francisco County, and is Presiding Judge of the Appellate Division. He received his A.B. cum laude from Harvard University in 1974, and his J.D. from the University of Pennsylvania in 1977 where he was an editor of the Law Review. While in private practice, Judge Karnow special- ized in antitrust, intellectual property, computer and internet law. He has served on many of California’s Judicial Council committees and groups devoted to technology, electronic discov- ery, rules reform, temporary judges, civics and the law, appellate procedure, sealing records and summary judgment. Judge Karnow has lectured at schools including the University of Michigan Business School, Yale Law School, and the Haas School of Business at the University of California at Berkeley, University of San Francisco School of Law, Hastings College of the Law, and he teaches a variety of civil litigation courses to new and experienced California judges. He is consult- ing editor on California Civil Discovery Practice (CEB), Handling Experts in California Courts (CEB), and is the author of (among other books) How The Courts Work and Future Codes: Essays in Advanced Computer Technology and the Law. Judge Karnow is also a contributory co-author of California Civil Procedure (West 1991); eBusiness and Insurance (CCH:2001); International eCom- merce (CCH:2001); and Network Security: The Complete Reference (2004). The subjects of Judge Karnow’s law review articles range from how to use precedent, summary judgment, and legal education, to game theory, bail, and artificial intelligence.

    JAMES S. DeGRAW Partner, Ropes & Gray LLP

    Jim DeGraw is a corporate technology partner who works with clients to anticipate and handle the legal issues presented by ever-changing technologies. He regularly leads transactions for which technology or IP assets are key drivers, provides clients with strategic advice on protect- ing and maximizing their investments in technol- ogy, and advises clients on handling and securing the data their businesses collect and process. Jim brings to any representation his computer sci- ence background and his experience working for firm clients on technology matters while based in Asia.

    In addition to technology-focused mergers & acquisitions, Jim’s transactional work includes working with clients to structure complicated and strategic technology relationships, including cross-border joint ventures, complex business licensing transactions and strategic business process outsourcing relationships.

    Jim also provides strategic advice to clients on handling and protecting data, technology, and the intellectual property assets of their busi- nesses. This includes helping clients develop and protect businesses whether through targeted marketing campaigns by consumer product companies or portfolio licensing programs by ac- ademic research centers, and navigating myriad intellectual property issues to put together com- prehensive protection strategies. It also includes advising clients on their collection, handling and protection of data by their organizations, and for navigating the opportunities and concerns raised by changes to data privacy and security laws and by the growth of social media.

    PUBLISHER: MOLLY MiLLeR MMiLLeR@aLM.cOM 415-490-1041 EDITOR IN CHIEF: GReG MiTcheLL GMiTcheLL@aLM.cOM 415-490-1060 MANAGING EDITOR: aLeXia GaRaMFaLVi aGaRaMFaLVi@aLM.cOM 415-490-9939 ASSOCIATE EDITOR: GiNNY LaROe GLaROe@aLM.cOM 415-490-9935 SUBSTANTIVE LAW EDITOR: ViTaLY GashpaR VGasphaR@aLM.cOM 415-490-1062 SENIOR WRITER: scOTT GRahaM sGRahaM@aLM.cOM 415-490-1032 PHOTOGRAPHy EDITOR: JasON DOiY COPy CHIEF: sheeLa KaMaTh REPORTERS: VaNessa BLUM VBLUM@aLM.cOM cYNThia FOsTeR cFOsTeR@aLM.cOM JULia LOVe JLOVe@aLM.cOM cheRYL MiLLeR cMiLLeR@aLM.cOM JOshUa siscO JsiscO@aLM.cOM CONTRIBUTING WRITERS: WiLLiaM W. BeDsWORTh, Lisa hOLTON, JaReD L. KOpeL, KaTe MOseR, ROBeRT M. sMiTh, LaWReNce J. sisKiND, TeResa WaLL-cYB, RichaRD ziTRiN PHOTOGRAPHER/VIDEOGRAPHER: hiLLaRY JONes-MiXON PRODUCTION DIRECTOR: Tess heRRMaNN ASSISTANT PRODUCTION DIRECTOR: DaViD paLMeR OPINION SERVICES DIRECTOR: JacK WaLKeR CONTROLLER: JaNice TaNG ACCOUNTANT: ReYNaLDO MaRa ViLLaRiN MARKETING MANAGER: sURaJ paTeL, JD spaTeL@aLM.cOM 415-490-1059 ADVERTISING: SMALL LAW; LEGAL SERVICES: chaRLie shiVeLY, sR. accOUNT eXecUTiVe cshiVeLY@aLM.cOM 415-490-1054 ADVERTISING: LARGE LAW: BReNDaN cOTTReLL, sR. accOUNT eXecUTiVe BcOTTReLL@aLM.cOM 415-490-1050 REPRINTS: sYNDia TORRes sTORRes@aLM.cOM 347-227-3170 HELP WANTED ADVERTISING: caROL ROBeRTsON 347-227-3148 PUBLIC NOTICES ADVERTISING MANAGER: ROBeRT saLapUDDiN 415-490-9965 PUBLIC NOTICES ADVERTISING ASSISTANTS: aLeXaNDRa eLViTsKY, LaM TRUONG GROUP SUBSCRIPTIONS: DaViD hOWLeY DhOWLeY@aLM.cOM 415-490-1056 SUBSCRIPTION SERVICE: 877-256-2472 IT MANAGER: WILLIAM SPEERS

    ALM SENIOR MANAGEMENT

    BILL CARTER: pResiDeNT & ceO KEVIN H. MICHIELSEN: sVp/chieF OpeRaTiNG OFFiceR ERIC F. LUNDBERG: sVp/chieF FiNaNciaL OFFiceR JEFFREy K. WHITTLE: sVp/chieF TechNOLOGY OFFiceR LENNy IzzO: sVp/chieF MaRKeTiNG OFFiceR KEVIN J. VERMEULEN: sVp/saLes MICHAEL DESIATO: Vp/ReaL esTaTe MeDia ARIC PRESS: Vp/eDiTOR-iN-chieF MOLLy MILLER: Vp/The RecORDeR

    © Copyright 2012. All rights reserved. Further duplication without permission is prohibited. For permission to reprint articles that appear in The Recorder or to use material electronically please call Syndia Torres, (347) 227-3170. For permission to photocopy articles that appear in The Recorder please contact Copyright Clearance Center, Inc (CCC). (978) 750-8400, http://www.copyright.com.

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  • 3 The Recorder Roundtable Best Practices: SOCIAL MEDIA AND ETHICS January 23, 2013

    ERIC J. SINROD Partner, Duane Morris LLP

    Eric J. Sinrod (ejsinrod@duanemorris.com; 415-957-3019) is a partner in the San Francisco office of Duane Morris LLP. He is a strong and experienced advocate for his clients and has rep- resented them before the United States Supreme Court, other appellate courts, and in a number of jury and court trials, arbitrations and mediations. His practice has covered many important Inter- net, software, software defect, technology, intel- lectual property (trademark, copyright, patent, trade secrets), information, communications, commercial, antitrust, eDiscovery, education, en- vironmental, and insurance coverage issues. He has represented domestic and international cli- ents in major class actions and where hundreds of millions of dollars have been at stake. He also has handled numerous matters for smaller com- panies and individuals. Eric has been highlighted by an outside publication as “the leading IP attorney in the land,” and he has been selected by his peers as one of the “Best Lawyers in America” in the area of Cyber Law a

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