Court Filing
Exhibits to Defendant's 2nd Supplemental Response to Request for Discovery Regarding Expert Witnesses INDEX D17 DAVID HOWELL D17-A Expert Disclosure for David Howell (Bates 4159) D17-B Report of David Howell (Bates 4160-4162) D17-C Resume of David Howell (Bates 4163-4168) D18 Gary Shutler, Ph.D. D18-A Expert Disclosure for Dr. Gary Shutler (Bates 4169) D18-B Report of Dr. Gary Shutler (Bates 4170-4174) D18-CCV of Dr. Gary Shutler (Bates 4175-4188) EXHIBITS TO DEFENDANT'S 2nd SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCOVERY REGARDING EXPERT WITNESSES Page 1 EXHIBIT D17-A David Howell David Howell may testify for the defense as an expert regarding Amazon discovery. Mr. Howell's opinion / testimony will be based on his experience, education, and trainings as detailed in his resume which is included with this response as Exhibit D17-C. This response serves to supplement the information in the Report attached as Exhibit D17-B. The below is a summary of Mr. Howell's anticipated testimony but does not repeat all specific findings that are detailed in his report. It is anticipated that Mr. Howell may testify in the following areas: 1. Amazon Records including how purchases are tracked, account activity, user activity and the scope of Amazon records. This disclosure is provided as an aid. At the present time, Mr. Howell's full scope of testimony is unknown. The State has not yet disclosed the opinions of their experts. DEFENDANT'S EXHIBIT NO. D17-A IDENTIFICATION / EVIDENCE 1 CASE NO. CR01-24-31665 004159 DATE: 3/3/25 DAVID G. HOWELL The Defense discloses David Howell in this Supplemental Discovery Response. His resume is attached as " Exhibit A. ” His prior testimony as an expert was in the Federal District of Idaho in U.S. v. Babichenko, Case No. 1: 18-cr-00258. At Howell & Associates, Mr. Howell specializes in Online Brand Protection, Anti-Counterfeiting, Marketplace Channel Management, and Digital Forensics, guiding brands through the complexities of platforms like Amazon, eBay, Wish, Alibaba, AliExpress, Google Shopping, and others. Mr. Howell's company protects brands and works to eliminate counterfeit threats. Mr. Howell has an extensive work history in the electronic commerce industry in the areas of brand protection, brand strategy, fraud investigations, algorithmic analysis, data manipulation risks, and market practices. It is anticipated that Mr. Howell of Howell & Associates will testify based on his experience and education as follows: 1. Amazon data requested versus produced, form of data produced, and a forensic examination of the available produced data in this case. Ο A forensic analysis of whether the dataset is complete, unaltered, and in a format suitable for forensic examination. Ο Identification of gaps in data provided by the State and how missing elements impact forensic accuracy. Ο Evaluation of metadata, timestamps, and tracking information within the Amazon data to assess reliability and forensic validity. 2. The importance of full purchase history in an Amazon account to conduct an accurate forensic examination of the data. Ο A complete forensic review requires examining full purchase history, search logs, recommendation exposure, and product interactions. Ο Isolated purchases or searches without full historical context can lead to misleading conclusions. Ο Amazon's data retention and account history logs are critical in determining user behavior trends, purchase frequency, and algorithmic influences. 3. The role of Amazon's Algorithm-Driven Recommendation System and Cross-Platform Tracking. Ο Amazon's AI and machine learning (ML) systems do not passively reflect searches; they actively shape user experience and influence product visibility. Ο The Buy Box system prioritizes certain sellers and dynamically adjusts pricing based on Al predictions of consumer behavior. Ο The Clickstream tracking system records user interaction data, affecting what products are suggested or displayed. Ο Al-powered algorithms determine rankings, auto-complete searches, and personalize product placement. Ο Amazon's data models can reinforce specific product categories, repeatedly exposing users to related items based on engagement rather than intent. 4. Omnichannel shopping extends beyond a single device. Ο Amazon accounts are synchronized across multiple devices, including smartphones, tablets, desktops, laptops, and smart home devices (Alexa, Echo, etc.). Ο Shared household accounts introduce forensic challenges, as multiple individuals contribute to search history, purchases, and product recommendations. Ο Cross-device activity tracking allows Amazon to retain behavioral data across different platforms, affecting search results and purchase recommendations. DEFENDANT'S EXHIBIT NO. D17-B IDENTIFICATION / EVIDENCE 004160 CASE NO. CR01-24-31665 DATE: 3/3/25 Ο Retargeting ads from Google, Facebook, and YouTube further influence Amazon's search suggestions and ad displays. 5. The Influence of Amazon's Advertising System on Click and Purchase Behavior. Ο Amazon's advertising ecosystem is deeply integrated into the search and recommendation process. Ο Sponsored listings, retargeting ads, and display ads shape user choices, often overriding organic search results. Ο Unlike a simple “ search and buy ” experience, Amazon actively pushes promoted content through AI-driven ad targeting. Ο Personalized recommendations are not neutral but based on bidding systems where advertisers pay to appear in a user's feed. 6. Amazon's Sponsored Products and Display Ads allow sellers to pay for visibility, impacting product exposure and forensic interpretation. Ο A product can appear in search results not because a user searched for it, but because an advertiser paid for placement. Ο The " Frequently Bought Together " and " Customers Also Bought " sections are influenced by paid sponsorships and algorithmic weighting, not purely organic trends. Ο To properly assess forensic relevance, all Amazon ad data should be reviewed, including: a) What sponsored products were displayed to this account? b) What retargeting ads followed the user across platforms based on past activity? c) Were certain product recommendations organic, or manipulated through paid placements? d) Did Amazon's algorithm repeatedly push certain products based on prior engagement rather than active user searches? 7. Cart and Wishlist Data are an important part of forensic examination as it relates to Amazon. Ο The addition, removal, or modification of items in a cart or wishlist provides insight into purchasing intent. Ο Indecision and comparative shopping behaviors are common, and forensic analysis must account for all list interactions. Ο Amazon's AI tracks wishlist and cart activity to refine recommendations and alter subsequent search results. 8. In his expert opinion, when evaluating the purchase or search of a product on Amazon as evidence, it is essential to ensure that it is presented in its full context rather than in isolation. Ο Forensic best practices require examining broader user engagement trends rather than isolated transactions. Ο A search or purchase cannot be evaluated without consideration of Amazon's Al-driven content curation and advertising models. Ο Clickstream analysis, browsing history, and algorithmic reinforcement must be considered before attributing a specific intent to an individual search or purchase. 9. Many Amazon accounts, including the one in this case, are shared among family members, making it difficult to attribute a single purchase to one specific individual. Ο Amazon does not differentiate between users within a shared account. Ο Without analyzing full account activity logs, it is not possible to determine who conducted a specific search or made a purchase. Ο Device usage history, login timestamps, and behavioral tracking data are critical to accurate forensic conclusions. 10. Obtaining and reviewing Amazon data prior to March 2022 is critical to the ability to draw conclusions or put context into any purchasing. • Pre-March 2022 purchase and search data is necessary to establish historical buying patterns and determine whether a transaction was an anomaly or part of a long-term behavior trend. 004161 • Without earlier records, it is not possible to assess the evolution of search recommendations, AI influences, or external advertising impact over time. 11. The warrants in this case ask for extensive amounts of data and important categories of data, but the data produced by the State does not reflect the whole of the data requested or supposedly produced. • The limited dataset does not include key forensic elements necessary for a comprehensive analysis, including: a) Sponsored ad exposure records. b) Algorithmic recommendation tracking. c) Complete purchase and browsing history. d) Cross-device usage logs and user attribution data. • Without a full forensic dataset, conclusions drawn from the available information lack reliability and are inherently incomplete. 004162 Contact David G. Howell Meridian Idaho 83646 208-340-5866 (Mobile) Brand & Channel Compliance Expert | Author & Podcast Host | dghowell@me.com Pioneer in Marketplace Integrity & Anti-Counterfeiting | U.S. Army Veteran | Trusted US Federal Contractor www.linkedin.com/in/davidghowell Meridian, Idaho, United States (LinkedIn) www.linkedin.com/in/davidghowell (Portfolio) Summary icannwiki.com/index.php/ David_Howell (Other) As a proud U.S. Army veteran and Boise State University graduate, I've channeled the discipline, leadership, and commitment to Top Skills excellence honed in military service into a career dedicated to brand E-commerce protection and channel compliance. My journey from the front lines of Intellectual Property service to the forefront of safeguarding brands has spanned over two Brand Protection decades and continues to evolve with every new challenge. Languages I've had the privilege of working across multiple industries, protecting German & Spanish (Limited the reputations and revenue streams of some of the world's most Working) recognized brands. From the trenches at MarkMonitor, Channel IQ, and Vorey's, to founding Howell & Associates, my mission has been clear: to help companies preserve their integrity in the chaotic, everchanging world of online marketplaces. At Howell & Associates, we specialize in Online Brand Protection, Anti-Counterfeiting, and Marketplace Channel Management, guiding brands through the complexities of platforms like Amazon, eBay, Wish, Alibaba, AliExpress, Google Shopping, and beyond. Our commitment is to deliver actionable strategies and results that protect brands, eliminate counterfeit threats, and drive revenue growth. As the host of the " Marketplace Dilemma " podcast, I explore the intersection of brand protection and e-commerce, sharing industry insights, and sparking conversations that matter. I believe in the power of knowledge, collaboration, and the importance of staying ahead of emerging threats. My career has been about more than just success — it's about DEFENDANT'S creating partnerships rooted in trust, solving problems with military EXHIBIT NO. D17-C precision, and delivering solutions that stand the test of time. If you're IDENTIFICATION / EVIDENCE committed to protecting your brand's legacy and navigating the CASE NO. CR01-24-31665 3/3/25 004163 DATE: Page 1 of 6 marketplace with confidence, let's connect. Together, we can face the challenges head-on and ensure your brand thrives in a global economy. Experience Howell & Associates Founder January 2018-Present (7 years 1 month) Boise, Idaho, United States We are a full-service consultancy specializing in Online Brand Protection, Anti- Counterfeiting, and Marketplace Channel Management. Whether it's Amazon, eBay, Wish, Alibaba, Temu, TikTok, Facebook, AliExpress, Google Shopping, or beyond, we're the experts in navigating the complex world of e-commerce platforms. We provide the insights and strategies to protect your brand, manage your channels, and combat unauthorized sellers and counterfeiters across the globe. From strategy to execution, we answer the Who, What, Where, When, Why, and How of safeguarding your online presence. http: // www.HowellandAssociates.com-Proudly Veteran Owned. The Marketplace Dilemma Founder, Speaker, Blogger, Writter & Podcast Host August 2022-Present (2 years 6 months) United States Almost Ready! Resolution Arms LLC President-Co-Founder June 2014-Present (10 years 8 months) Meridian Idaho Resolution Arms is a Federally Licensed FFL / SOT Veteran Owned - Weapon training and custom manufacturing specializing in Military and Law Enforcement specific needs. Proudly Veteran Owned Vorys, Sater, Seymour and Pease LLP Director-Brand Protection February 2017-February 2018 (1 year 1 month) Cincinnati, Ohio Vorys, Sater, Seymour and Pease LLP provides business and legal counsel to clients throughout the United States and around the world. Since its founding 004164 Page 2 of 6 in 1909, our firm has grown into one of the largest law firms in the country, with nearly 375 attorneys who are located in seven offices in Ohio, Texas, Pennsylvania and Washington, D.C. Our firm is proud to represent thousands of clients, who range from startup businesses to Fortune 500 corporations, from non-profit organizations to governmental entities and industry trade groups, and from individuals needing estate planning advice to defendants embroiled in sprawling, multi-state class action litigation. We offer each of those clients-large and small-an unflagging commitment to excellent legal representation and outstanding client service. Authentic Vision GmbH Business Advisor-Global Anti-Counterfeiting & Brand Strategy November 2014-December 2017 (3 years 2 months) United States-North America Leverage substantial industry experience to guide client in expanding business within US markets and become a world leader in brand protection and product authentication technologies to mitigate anti-counterfeiting and diversion on a global level. Founded in 2012 as an official spin-off from the University of Applied Sciences Salzburg, Authentic Vision is best known for providing new and innovative ways of brand protection. The company holds several patents and is cooperating closely with universities and the world's leading security printing companies to stay abreast of the latest developments in the fields of brand / value protection and custumer communication solutions. Channel IQ 3 years 5 months Vice President, Brand Strategy February 2015-September 2015 (8 months) Greater Chicago Area As a brand marketing & channel compliance expert, awarded promotion to position company as a premier provider of online trademark, brand and product intelligence solutions to leading global brands, manufacturers, distributors, and retailers. Built, aligned, and mobilized a products, sales and delivery teams in creating long-term relationships with clients. 004165 Page 3 of 6 Combined research with analytical data to generate conceptual ideas for developing a brand strategy which meets or exceeds unique clients ' needs. Spoke at numerous industry conventions and teamed with prominent brands to design a highly effective brand protection program. Captured 3,000% + ROI by conducting 15+ webinars to thousands of participants on the topic of problem solving in direct response to market changes. Director of Global Brand Management & Protection May 2012-February 2015 (2 years 10 months) Greater Chicago Area & North American Markets Successfully established and sold entire brand protection department and including full suite of products and services which played a major role in propelling revenues by $ 2.5M and almost doubling customer base from 165 to 300 within two years. Pioneered industry's first brand protection investigation services program which led to removal and enforcement of 5,000+ illicit product offerings worldwide. Citizen Hawk Senior Regional Manager-Intellectual Property, Brand Protection & Corporate Brand Management December 2009-February 2012 (2 years 3 months) US and Asia Pacific-Regional Managed sales for corporate brand management / enforcement, online monitoring, and global IP recovery. Instrumental in reclaiming millions of dollars in lost revenue for highly renowned fortune 500 clients. Merged cutting-edge technology, an advanced understanding of the Internet, and proficiency in domain management and e-commerce to deliver superior client service. Metamend Online Marketing Experts Board Advisor-Brand Protection-North America Markets November 2005-November 2009 (4 years 1 month) 004166 Page 4 of 6 North America-Victoria British Columbia Canada & US Markets Advisor on best market practices on brand protection monitoring services and fraud solutions with critical accountability for defining sales processes, compiling accurate forecasts, monitoring industry climate, and providing regular feedback to executive leadership team. Directed in the Hiring, trained, mentored, and motivated sales personnel in delivering unparalleled customer service to maximize account retention. Determined staff compensation and orchestrated incentive programs to elevate morale and performance. MarkMonitor Senior Manager – Intellectual Property, Brand Protection, Corporate Brand Management May 2001-June 2007 (6 years 2 months) Brought on board to fuel revenues for start-up company offering comprehensive, end-to-end solutions which enable clients to establish and defend brands against online threats. Collaboratively evolved MarkMonitor from a simple domain registration company to a global leader in corporate domain portfolio management; expanded services to include brand protection, fraud protection and monitoring, trademark management, anti-counterfeiting, and phishing protection. Proactively educated clients in online vulnerability of IP and products, formulated strategic sales plans, identified trends, prepared forecasts and annual budgets, analyzed variances, and initiated swift corrective action to control expenses. Devised standards for production, quality and customer-service, while cultivating and maintaining excellent rapport with key customers. Leveraged sales plan and quotas for multiple districts to attain and expand customer base. Coached, mentored, and counseled district sales representatives to achieve productivity targets. 004167 Page 5 of 6 Explored new product opportunities and services, uncovered consumer needs and trends, and closely monitored competitive activity to launch compelling tactics and promotions for winning new business. US Army Sergeant November 1989-July 1997 (7 years 9 months) United States I proudly served in the U.S. Army, with my primary MOS as 13M (MLRS M270 Field Artillery), where precision, tactical execution, and strategic thinking were key to mission success. Throughout my military career, I was stationed across the U.S., Europe, and Korea, and deployed in major operations including Desert Storm, Bosnia, and Haiti. I also served as a 68W (Combat Medic). Additionally, I held the MOS of 31D (CID) in Germany, conducting investigations and supporting military justice. With a Top Secret security clearance, I was entrusted with sensitive missions and operated across diverse and challenging international settings. These experiences have ingrained in me the values of duty, leadership, and adaptability, which continue to guide my professional endeavors today. Education Boise State University Bachelor of Arts (B.A.), Political Science (1995-1999) 004168 Page 6 of 6 EXHIBIT D18-A Gary Shutler, Ph.D. Dr. Gary Shutler may testify for the defense as an expert regarding DNA testing and lab practices. Dr. Shutler's opinion / testimony will be based on his experience, education, and trainings as detailed in his curriculum vitae which is included with this response as E