Denise Howell Denise Howell
( Profile | Archive )

Dennis M. Kennedy Dennis M. Kennedy
( Profile | Archive )

Tom Mighell Tom Mighell
( Profile | Archive )

Marty Schwimmer Marty Schwimmer
( Profile | Archive )

Ernest Svenson Ernest Svenson
( Profile | Archive )

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

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

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

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
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.
In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Between Lawyers

« Using Photos and Videos and the Role of the Creative Commons Licenses | Main | Announcing the New Between Lawyers Facebook Group »

July 13, 2007

George Lenard On Facebooking Employment Candidates

Email This Entry

Posted by Denise Howell

Here are George Lenard's posts on the subject:

Employers Using Facebook for Background Checking: Is It Legal?

More on using facebook et al. in recruiting and hiring (Part II)

Employers Using Facebook for Background Checking, Part III

This might be better suited to Overlawyered than Between Lawyers, but I'm posting it here anyway because it's a great series of posts. One thing I don't see addressed: one of the most powerful features of Facebook (and a host of other social networking sites) is the fine-grained privacy control users have over the visibility their data. Often, only "friends" have access to the kinds of details George discusses. But, lots of people do make their data more generally visible. It's ironic that employment laws are such that though "the public" may be invited to view such information, lucrative damages awards or settlements could be associated with doing so in the context of employment or potential employment.

Comments (1) + TrackBacks (0) | Category: Blawgs | Ethics and Technology | Privacy | Terms of Service | Web 2.0 | eDiscovery


1. George Lenard on July 13, 2007 2:37 PM writes...

Thanks for the nod, Denise.

The Wall Street Journal recently had a column on what to do if your boss wants to be your "friend."

Extremely close to home (where my daughter works), a bunch of kids got fired last week based on pictures posted on facebook. They may have been on a "friends-only" profile, but the url history trail of kids viewing them was left on a work computer, and, in any event, one of the managers was a friend of the poster so would have had legitimate access.

It seems the privacy controls do provide a legal basis for "reasonable expectation of privacy" claims, but as a practical matter there may be fairly simple ways of getting around them. Such as using a computer that has a password memorized in order to gain access, essentially impersonating that user. Probably illegal, perhaps under federal computer fraud and abuse act, but you may lose your job or not be hired without ever knowing that this snooping occurred and was the reason why.

On July 26, 12:00-2:00 Central, I will be joined by two other attorneys in a Missouri Bar CLE teleseminar entitled "Using Online Personal Information in Employment Decisions," should anyone be interested (register online at

Permalink to Comment


Remember Me?


Email this entry to:

Your email address:

Message (optional):

Announcing the New Between Lawyers Facebook Group
George Lenard On Facebooking Employment Candidates
Using Photos and Videos and the Role of the Creative Commons Licenses
Agreeing To The Cloud
Microsoft Provides a Good Illustration of the Metadata Exposure Problem
Yet Another Use For Social Media: Narrowing The Defendant List
Flashback To Cramming For The Bar
SLAW on Virtual Law Offices