Ira P. RothkenThis web site focuses on electronic discovery and evidence methods for litigators including software tools, cases, best practices, and rules.
My name is Ira P. Rothken and I am a high technology litigator. My law practice involves a lot of electronic discovery and Internet related litigation. My law firm's web site is located at techfirm.com and here is a sample of the kinds of cases I have handled from a CNET News.com article profiling my legal career defending Internet technology companies in complex litigation and a general profile on the Sedona Conference web site. I was a computer programmer and medical researcher before I became an attorney and I still write software code. I like to use interesting new software tools and customized software like spiders and crawlers in the investigation and litigation of my cases. I also like to demystify all the hoopla over electronic discovery or "e-discovery." I named the site Moredata since it seems in many cases in this Internet connected world, especially class actions and complex business litigation matters, litigators are saying to themselves as the cases evolve - "oh no more data?!"
I hope this site helps you to answer e-discovery and electronic evidence questions and find useful information and software tools.
If you are an attorney and need assistance on electronic evidence or e-discovery issues you may click here to contact us.
Wednesday, March 21, 2007 at 09:01AM Metamorphoseis a "freeware" mass file and folder renamer software. This program will allow you to programmatically add characters and numbers in certain positions in the filename. You can set filters for the automated renaming process. For electronic evidence and discovery purposes when appropriate this software will help you to include the bates stamp number or range in the filename along with the date.
Wednesday, March 21, 2007 at 08:11AM CT Summation is perhaps the most well rounded electronic discovery and litigation case analysis software currently on the market. Summation imports various file formats like Outlook emails and other "documents" and then allows you to integrate the key documents into a case outline. Summation includes an e-discovery loader that will allow you to directly import PST files which you can then view in native format. Summation also has what they call a “petrification” tool that allows you to turn those Outlook PSTs into graphic files for redaction and Bates stamping. But here is where Summation really shines as it integrates a robust outlining tool called the Case Organizer that allows you to input your claims and defenses and then tag and link different exhibits, documents, or transcript excerpts. You can find this Case Organizer paradigm through competitive products like CaseMap which has more robust features in that one area but no one software product seems to integrate e-discovery, file conversion, tagging, and case analysis like Summation.
Saturday, March 17, 2007 at 11:50PM X1 is free search software that indexes a defined storage device, say an external hard drive mirrored from the client site, and allows you to perform rapid keyword searches using boolean type operators. The results are displayed in an attached window as you change the keywords. X1 includes viewers for many file formats, including Outlook, Acrobat, and Word so you can view the contents of a file without having to own or open the underlying application. X1 was licensed by a major search engine and was included in a popular toolbar. But you can get it for free directly from the software developer.
Saturday, March 17, 2007 at 11:20PM Snagit is a great screen snapshot program. You can use it to "rip" entire web pages or a defined area. This tool comes in handy to preserve the look and feel of a particular web page on a particular date - for example for use in a trademark case. The companion program Camtasia Studio from the same company allows you to record the video and audio of what occurs on your PC screen or a defined portion. Camtasia is a great program for capturing a sample of web video for example to show off an alleged copyright infringment, or creating a web demonstration video for the Court or even a video podcast complete with the manifestation of the mouse clicks. Snagit and Camtasia Studio are two must have programs for the electronic evidence tool chest.
Saturday, March 17, 2007 at 03:14PM This is perhaps the single most important software program a modern litigator should have. It will create the very popular PDF file from your scans and Microsoft Office (and other) applications. To be fair other programs are available to make PDF files at a lower cost. But with Acrobat Professional 8 litigators can apply the very necessary bates stamp and utilize more secure redaction methods. Acrobat also includes a basic but very useful web spider to obtain evidence off the web and convert it to PDF so you can use it at a deposition or in Court. If you have an active litigation practice just buy a copy.
Friday, March 16, 2007 at 11:03PM Friday, March 16, 2007 at 10:27PM ABC Amber Outlook Converter can help you convert client emails into a PDF for document production. It is a useful tool that converts your emails from MS Outlook to multiple document formats (PDF, DOC, HTML, CHM, RTF, HLP, TXT, DBF, CSV, XML, MDB, etc.). It generates the contents with bookmarks (in PDF, DOC, RTF and HTML), keeping hyperlinks. However, for electronic discovery purposes, you will want to focus on the PDF conversion. In essence you will get the Outlook ".pst" files from your clients, convert them to PDF, remove the PDF pages for the emails that are not part of the document production, possibly redact other emails within the PDF if appropriate, designate the PDF pages in the footer as Confidential where proper under the protective order, bates stamp the PDF, and voila - an email production ready to go.
Friday, March 16, 2007 at 08:33PM WebCopier is a software spider that copies a URL or an entire web site and saves a copy on a local PC - in terms of e-discovery this will allow you to preserve evidence of the way web pages looked at a certain date and time. Like any electronic evidence a proper foundation will have to be made and in some rare instances this program may not make an exact mirror - but it sure seems to come close.