Mr. Etish is a business and commercial litigator. He works closely with clients to better understand their business objectives and needs, in order to identify effective litigation strategies. He has successfully represented clients at the trial and appellate levels in state and federal courts, and he is routinely involved in emergent and expedited proceedings involving injunctive relief. Mr. Etish has a diverse litigation practice focused primarily on commercial and construction disputes, insurance coverage, partnership and shareholder disputes, antitrust, real estate, breach of fiduciary duties, and restrictive covenants.
Mr. Etish primarily represents and counsels clients in the construction, real estate, insurance, pharmaceutical, food, manufacturing, and financial services industries. He regularly appears before state and federal courts in Pennsylvania and New Jersey, and he manages all phases of litigation.
Mr. Etish has recently represented clients in commercial litigation matters involving claims for:
- Fraudulent inducement, conspiracy, and misappropriation of trade secrets pursuant to the Pennsylvania Uniform Trades Secret Act, and unjust enrichment.
- Violations of the Sherman Antitrust Act and Racketeer Influenced and Corrupt Organizations Act (RICO).
- Breach of non-competition agreement, tortious interference with contract and misappropriation of trade secrets in the employment context.
- Breach of express and implied warranties regarding commercial losses to a produce distributor.
- Duty to defend and indemnify with respect to a title insurance policy.
- Breach of contract and performance bond in construction litigation.
- Violations of the Fair Debt Collections Practices Act.
In addition to these core areas, Mr. Etish has considerable experience seeking and defending against temporary restraining orders and preliminary and permanent injunctions in state and federal courts on behalf of a diverse set of clients, including real estate developers and landowners, supermarkets, consumer packaged food companies, and pharmaceutical companies. He has represented a regional supermarket chain in real estate litigation matters and obtained expedited relief on claims related to a “going dark” provision and summary judgment defending claims related to an “area restriction” in commercial leases. In addition, he has represented numerous clients in expedited relief proceedings in state and federal courts involving claims for breach of restrictive covenants in the employment context.
Mr. Etish is also a senior member of the Gibbons E-Discovery Task Force, and he regularly advises clients, and publishes and lectures on document retention and e-discovery best practices. He regularly calls upon his extensive background in the area of e-discovery to counsel clients in the litigation context to ensure compliance with the still-evolving field of e-discovery. In particular, he regularly handles such e-discovery issues as ensuring compliance with litigation hold obligations, participating in Rule 16 conferences, negotiating search terms and ESI protocol agreements, and overseeing and managing voluminous document reviews.