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Ethical E-Discovery: What Every Lawyer Needs to Know
Samantha V. Ettari is a trial lawyer who maintains a diverse litigation practice focusing on complex commercial litigation, with an emphasis on contract disputes, bankruptcy litigation and regulatory defense work. Ms. Ettari recently second-chaired a federal jury trial in the Southern District of New York, in which the jury completely rejected allegations against the client of false advertising and, despite a request for over $20 million on claims of defamation, awarded less than $41,000. Ms. Ettari also has represented a number of the firm’s bankruptcy clients as the lead litigation associate, including in the Residential Capital and Washington Mutual bankruptcies, in which she played key roles in investigations on behalf of creditor committees and at trial on behalf of significant noteholders. As E-Discovery Counsel and a co-editor of the Electronic Discovery Update, which reports on legal developments in the area, Ms. Ettari has written extensively on electronic discovery, including the government’s electronic discovery production and retention obligations in civil litigations and criminal proceedings, discovery developments in federal and New York state courts, and the increasing use of predictive coding and other technology-assisted document review methods, as well as the preservation, production and use of social media content in litigation. Ms. Ettari also advises clients on all aspects of electronic discovery, including cost-efficient data collection and retention, and has argued at discovery conferences in federal court. She is also a member of the firm’s Cybersecurity, Privacy and Data Protection Group. Among her most notable work in this area, Ms. Ettari represented an international professional services firm in connection with incident response and notification plans following a breach of medical information, with responses to investigations by the Department of Justice and Department of Transportation. Ms. Ettari maintains an active pro bono practice, which includes representing indigent clients in contested divorce proceedings as part of her work with Her Justice and the New York Legal Assistance Group. Among her most notable work, she represented a disabled mother in three separate actions in Brooklyn Family Court. The client, suffering from a long-term physical disability, had endured years of physical and verbal abuse at the hands of her former partner. After filing amended petitions, conducting discovery and making multiple court appearances with the client, Ms. Ettari negotiated settlement agreements awarding the client sole legal and physical custody of her four-year-old daughter, a favorable child support award and a one-year final Order of Protection. In recognition of her commitment to pro bono work, Ms. Ettari received the New York City Family Court 2014 Pro Bono Service Award and the Her Justice’s 2013 Commitment to Justice Award.