Samantha V Ettari

February 06, 2017 | New York Law Journal

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: Intentional spoliators are likely to face similarly extreme and potentially case-terminating sanctions in both New York state and federal courts. However, litigants should be aware that negligent spoliators are subject to different standards, which may result in less certainty concerning what exposure a non-intentional spoliator may face if ESI is lost.

By Samantha V. Ettari

20 minute read

February 01, 2016 | New York Law Journal

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: With the December amendments to Rule 37(e), the remedies and sanctions potentially available for negligent and intentional spoliation are clearer, and intended to result in more uniform application. And, as with any rule change, judicial application was eagerly anticipated and not long in the waiting.

By Samantha V. Ettari

9 minute read

November 10, 2015 | Legaltech News

Attorneys have ethical obligations to develop and maintain core e-discovery competencies.

By Samantha V. Ettari and Noah Hertz-Bunzl

5 minute read

November 10, 2015 | Legaltech News

Attorneys have ethical obligations to develop and maintain core e-discovery competencies.

By Samantha V. Ettari and Noah Hertz-Bunzl

5 minute read

November 02, 2015 | New York Law Journal

Samantha V. Ettari and Noah Hertz-Bunzl write: While technology may sometimes daunt even the most experienced and knowledgeable litigator, the impact of technology on the demands and realities of discovery cannot be ignored or minimized.

By Samantha V. Ettari and Noah Hertz-Bunzl

11 minute read

October 30, 2015 | New York Law Journal

Samantha V. Ettari and Noah Hertz-Bunzl write: While technology may sometimes daunt even the most experienced and knowledgeable litigator, the impact of technology on the demands and realities of discovery cannot be ignored or minimized.

By Samantha V. Ettari and Noah Hertz-Bunzl

11 minute read

October 05, 2015 | New York Law Journal

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: Proportionality—described only two years ago by one federal judge as "an all-too-often ignored discovery principle"—will soon be one of the primary considerations in defining the scope of discovery.

By Samantha V. Ettari

13 minute read

October 02, 2015 | New York Law Journal

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: Proportionality—described only two years ago by one federal judge as "an all-too-often ignored discovery principle"—will soon be one of the primary considerations in defining the scope of discovery.

By Samantha V. Ettari

13 minute read

July 17, 2014 | New York Law Journal

Alan R. Friedman, Brendan M. Schulman and Samantha V. Ettari discuss a recent Second Circuit decision overturning a criminal tax evasion conviction because the government had retained electronically stored information for too long after the execution of a search warrant and then improperly searched and used that ESI in a case unrelated to the warrant from which it was procured.

By Alan R. Friedman, Brendan M. Schulman and Samantha V. Ettari

9 minute read

October 12, 2011 | Legaltech News

The dynamic scalability of cloud-based systems promises IT cost savings and organizational efficiencies. But Kramer Levin's Brendan M. Schulman and Samantha V. Ettari warn that aspects of cloud computing threaten to make compliance with e-discovery's obligations more difficult and more costly.

By Brendan M. Schulman and Samantha V. Ettari

13 minute read