CONTRIBUTORS
Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs,
Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law.
"Sound Policy" is Denise's show at
IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at
dhowell@gmail.com.
Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read
blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his
gmail address.
Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at
tmighell@swbell.net.
Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded
The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at
marty@schwimmerlegal.com.
Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog
Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally,
to seek enlightenment. Email Ernest at
esvenson@gmail.com.
Denise Howell
Dennis M. Kennedy
Tom Mighell
Marty Schwimmer
Ernest Svenson
1. Tom Gerace on November 21, 2005 5:41 PM writes...
Interesting piece, Tom, thanks. I wonder if toolbar companies like Google/Yahoo/Alexa/Amazon A9 that do page-ranking could ordered by the court to disclose data as well.
These companies develop page ranks, in part, by collecting what users of their toolbars search for and view over time, how often the view it. Since this data is collected by their engine and stored remotely, clearing a browser history does not eliminate the data. While they do not reveal the data except in aggregate, it's not clear whether it can be tied to a unique installation on a machine.
Permalink to Comment2. Jeremy on November 22, 2005 12:49 AM writes...
Great point...
Many have complained with the advent of e-mail paper trails are harder to cease during discovery but then you come across things like this. Overall the amount of evidence that can be uncovered during e-discovery is significant if you know where and how to look.
Permalink to Comment3. Jonathan on November 22, 2005 10:07 AM writes...
Google evidence is definitely an innovation... I've been following this unusual murder trial, as a Durhamite myself. That's one correction, by the way: that the trial is in Durham. (I'm sure our shared-airport partner would rather not take any credit for this case!)
Permalink to Comment4. tom bartlett on November 28, 2005 8:58 AM writes...
So, I assume one's search history would be stored in the same place as on'es regular "History File"?
Permalink to Comment5. Chris Lambrou on December 5, 2005 8:43 AM writes...
Yes it is. I was a juror in a rape trial earlier this year in the UK, where this kind of evidence was used against the defendant. Because your search terms are embedded in your URL, the search history can be trivially extracted from the page history. Just try a google search and look at the URL diplayed on the search results page, then have a look at your page history. The forensic expert witness in the trial essentially presented the page history of the defendant's web browser, with the google search entries highlighted.
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