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    Featured Audio

    February 23, 2012 Radio New Zealand
    -US abuse of power in taking down Megaupload
    -No such thing as criminal secondary copyright infringement
    -The Prosecution is politically motivated

    September 26, 2012 NewstalkNZ
    -Illegal Gov spying on Kim Dotcom
    -Case should be dismissed in the interests of justice
    -Trail of Gov illegality
    -Hollywood's involvement
    -Unfair procedures 

    Ira Rothken presentation at e-discovery seminar (excerpt)
    - discussion of technical-legal factors to consider in determining whether e-discovery related data is "not reasonably accessible"
    - More information can be found here 

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      News Index

      The information supplied on this web site is general in nature and should not be relied upon to make legal decisions. Interacting with e-mail, forms, or online forums on this web site does not constitute the creation of an attorney/client relationship. This web site is an advertisement for legal services. The examples of client cases and results discussed on this web site are not a guarantee of your outcome if we represent you in a particular case. 


      High Technology Litigation, Business Transactions,
      & Class Actions 


      Featured Current Events

      60 Minutes Interview of Ira Rothken by Bob Simon regarding government abuse of Kim Dotcom

      New Megaupload/Kim Dotcom Whitepaper

      Megaupload General Legal Points

      For updates on the Megaupload/Kim Dotcom case please visit our special case update section

      Kim Dotcom, Steve Wozniak, Ira Rothken

      Read what Steve Wozniak thinks about Kim Dotcom and the Megaupload case in this CNET article 





      Ira P. Rothken on Bloomberg 

      Bloomberg Interview with Ira P. Rothken on the Megaupload/Kim Dotcom case discussing Court Order finding illegal government conduct




      ABOUT US

      Our firm emphasizes intellectual property litigation (including trademarks, trade secrets, copyrights, and patents), internet law, startups, complex business litigation, class actions, videogame law, business law, employment litigation, consumer protection litigation, and personal injury/tort litigation. We are actively involved in cutting edge electronic discovery ("e-discovery") matters and Ira P. Rothken is an active member of the Sedona Conference and maintains a blog at on electronic discovery and evidence issues for legal professionals. Here is a CNET News Story Profiling Ira P. Rothken's Career Protecting Internet Technology Companies.

      We Have Assisted in the Startup of Some of the Most Successful E-Commerce and Electronic Entertainment Companies in the World

      Ira P. RothkenIn addition to our robust litigation practice we assist electronic entertainment, high technology, and e-commerce companies in their business, startup, and legal transactions. For example, since the inception of the "commercialized" internet in the mid 1990s, we have represented some of the largest and most successful web sites in the world on a huge range of matters from startup issues to risk reduction strategies to e-commerce policies and agreements. In many instances we were called upon to handle issues where there was no clear precedent and thus we had to innovate a solution.

      We have also helped start numerous successful electronic entertainment and videogame companies including Nihilistic Software, Pandemic Games, Telltale, and Arenanet. Ira P. Rothken, a member of IGDA, has spoken multiple times on how to start a videogame development company at the Computer Game Developers Conference (CGDC). Here is a sample of videogame development transactions in which we assisted our clients:


      Entries in Law Firm News (31)


      Federal Court Grants Preliminary Approval to Sidekick Class Action Settlement

      In December 2010 the United States District Court for the Northern District of California granted preliminary approval to a class action settlement brought against T-Mobile, Microsoft, and Danger regarding allegations of Sidekick smartphone data interruption and loss arising out of an incident that occurred on or about October 2009. Class Action Notice, settlement, claims forms, and related documents can be found at the web site. If after reading the documents on the Sidekick Settlement website you believe you may be a class member and have further inquiries then please contact us.


      isoHunt to be provided with interlocutory appeal

      The Judge, at a status conference in January 2010, agreed to provide the isoHunt defendants after the injunction phase, but before the damages phase,  an interlocutory appeal to the Ninth Circuit Court of Appeals.


      Class action lawsuit filed against T-Mobile, Danger, and Microsoft over Sidekick data loss

      The Rothken Law Firm filed a  Federal nationwide class action lawsuit in the Northern District of California against T-Mobile and Danger, Inc. (a Microsoft subsidiary) over massive data loss by the Sidekick data service. The case is entitled Mapstead v. T-Mobile et al. Read more about this case at CNET

      According to the complaint the Sidekick service crashed on or about October 3rd, 2009 and then T-Mobile indicated that Danger, Inc., the service provider, lost massive amounts of customer data, and worse that due to backup failures it was highly unlikely it would recover such data.

      The Federal Complaint alleges that T-Mobile and Danger marketed the Sidekick mobile phones as “automatically” storing and backing up customer data, such as contacts, appointments, and other digital files, and then breached its promises and was negligent in storing data in the cloud and backing up such data. The Complaint ask for monetary damages be paid to the class amongst other remedies.

      "T-Mobile and its service providers ought to have been more careful in the use of backup technology and policies to prevent such data loss" says Ira P. Rothken an attorney working on the case. "We are hopeful that T-Mobile and the rest of the defendants will do the right thing, use this as an opportunity to redesign the system as a new standard for cloud computing storage, and provide full compensation for the data loss" states Rothken.

      If you would like more information about the class action lawsuit or have any questions please fill out our web form here.


      Torrentspy files appeal of copyright case involving Bittorent technology and privacy issues

      Torrentspy and other defendants filed an appeal to the Ninth Circuit Court of Appeals in a copyright case of first impression regarding Bittorent technology. In the appeal brief Torrentspy argues, amongst other things, that the Court was wrong in its procedures and wrong in its Judgment.

      Torrentspy argues that the Court issued Orders, including forced logging of user behavior and IP addresses, that were inconsistent with Torrentspy's longstanding privacy policy. Torrentspy, on its own, cut off access to the United States to help alleviate the privacy concerns.

      Ultimately the court in an approximately one hour hearing citing amongst other things lost and redacted data, terminated the case and later on, with little or no findings related to statutory damages, provided for a judgment without a trial. Torrentspy argues that the Court abused its discretion and that the procedures and Judgment were unfair under the circumstances. Read a news story here on the appeal.


      The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible

      The Sedona Conference® Working Group 1 recently published a Commentary on the issues of preserving, managing, and identifying not reasonably accessible electronically stored information or “NRA ESI". The result is a five-step framework for analysis and six Guidelines for making reasonable, good-faith assessments where no “bright line” rules exist. Ira P. Rothken is a co-editor of the above Sedona Conference Publication entitled Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible.which can be downloaded here and here is a web seminar  on the topic. Here is an excerpt of Ira P. Rothken discussing technical factors to consider in determing whether e-discovery related data is "not reasonably accessible."