Scott J Etish

February 02, 2022 | The Legal Intelligencer

Slack messages are quickly becoming comparable to emails, and counsel should be on notice for the potential use of, and requests for, this data.

By Scott J. Etish and Brielle A. Basso

8 minute read

April 06, 2021 | New Jersey Law Journal

The failure to enter into a comprehensive ESI protocol has the potential to derail a litigation on the merits into costly "discovery on discovery." This article discusses negotiated provisions and standards for e-discovery that will keep litigation progressing smoothly and efficiently.

By Scott J. Etish, Jennifer A. Hradil and Kevin H. Gilmore

9 minute read

March 23, 2021 | The Legal Intelligencer

The terms "cooperation" and "transparency" continue to gain traction in the context of litigation discovery, and the emergence of these concepts has been accompanied by a gradual erosion of a party's ability to respond to discovery with autonomy.

By Scott J. Etish and Charlotte Howells

8 minute read

March 19, 2016 | The Legal Intelligencer

Even before the adoption of the original e-discovery-related amendments to the Federal Rules of Civil Procedure in December 2006, litigants regularly sought forensic copies—or images—of computer hard drives in the discovery process, particularly when there was a risk of loss of evidence.

By Scott J. Etish

15 minute read

January 29, 2013 | The Legal Intelligencer

The question of e-discovery-related cost-shifting typically arises in two settings: (1) when a party seeks to shift the cost of electronically stored information production during litigation to the requesting party pursuant to Fed.R.Civ. P. 26(b)(2)(B); and (2) when a prevailing party seeks to recover its costs after judgment has been entered in its favor pursuant to Fed.R.Civ.P. 54(d). This article will discuss both scenarios as they have been addressed in two recent cases — Boeynaems v. LA Fitness Int'l, 2012 U.S. Dist. LEXIS 115272 (E.D. Pa., Aug. 16, 2012), a decision involving cost-shifting prior to class action certification, and Race Tires America v. Hoosier Racing Tire, 674 F.3d 158 (3d Cir. 2012), in which the U.S. Court of Appeals for the Third Circuit addressed applications to recover e-discovery-related costs under 28 U.S.C. §1920.

By Scott J. Etish and Stephen J. Finley

10 minute read