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Mark A. Berman is Chair-Elect of the Commercial and Federal Litigation Section and is Co-Chair of its Social Media Committee.

To guide attorneys in dealing with questions, the Commercial and Federal Litigation Section of the New York State Bar Association has issued a report entitled Social Media Ethics Guidelines. The updated Guidelines were developed by the Social Media Committee of the Section. The Section's 2014 version of the Guidelines received national recognition and has been cited in ethics opinions of other bar associations.

The updated 2015 Guidelines adds sections on “Attorney Competence” and “Using Social Media to Communicate with a Judicial Officer.” In addition, existing guidelines have been expanded to address: “Lawyer’s Responsibility to Monitor or Remove Social Media Content by Others on a Lawyer’s Social Media Page,” “Attorney Endorsements,” “Retention of Social Media Communications with Clients” and “Maintaining Client Confidences and Confidential Information.”

The 2015 Guidelines also reflect recent ethics opinions issued by the New York State Bar Association, American Bar Association, Association of the Bar of the City of New York, New York County Lawyers’ Association and other bar associations outside New York state. The Guidelines, which are advisory, are available at

Co-chair Mark A. Berman of New York Ganfer & Shore, LLP stated the “Guidelines provide assistance to attorneys who are adept in using social media as well as to newcomers, and alert attorneys to situations that could potentially violate ethics rules that an attorney might not otherwise appreciate.”

About Ganfer & Shore, LLP

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