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Dennis M. Kennedy Dennis M. Kennedy
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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.
About this blog
Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
Check out the The AppGap - a group blog on the tools and trends that are changing the way we work.

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May 9, 2006

State Bar Regulators Continue to Struggle with Metadata Issues

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Posted by Dennis M. Kennedy

Evan Schaeffer offers a thoughtful and thorough critique of an effort by the Florida Bar to legislate how lawyers can and cannot use metadata. As Evan points out, the rationales for and provisions of the proposed rule are confusing and contradictory (or even miss the point completely) to lawyers who are familiar with and comfortable with the underlying technology issues.

I don't have much to add to Evan's analysis other than to wonder why a rule directed at requirements for a lawyer protecting the confidentiality of his or her client is being used as the basis to create a prohibition on opposing counsel who do not represent that client from looking at metadata in documents? That seems like a long stretch in logicto me.

Evan points to several good resources on metadata issues, including an article Evan, Tom Mighell and I wrote called "Mining the Value from Metadata."

The money quote from Evan's post:

Given a choice between hiring a lawyer in Florida, where lawyers may not be allowed to use technology as it was intended, and hiring a lawyer somewhere else, why would anyone choose the lawyer from Florida?

From my point of view, this proposed rule once again raises the question of the proper place for state-by-state regulation of lawyers in an Internet era.

Your thoughts are welcomed in the comments to this post.

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