Samantha L. Brutout

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Ms. Brutout’s practice is concentrated in the areas of complex commercial litigation, e-discovery and construction litigation.

Ms. Brutout focuses her commercial litigation practice on complex, multi-party commercial disputes. Her experience includes multi-million dollar construction litigation, representing clients before regulatory commissions, insurance coverage, Lanham Act and antitrust disputes, and ERISA actions. Ms. Brutout has experience with successfully obtaining injunctions for breach of contract and fraud and with appeals to both state and federal appellate courts. She also has experience with mediation and international arbitration.

Ms. Brutout also has extensive experience with all aspects of e-discovery. She regularly counsels clients regarding document collection, production, and privilege issues. Ms. Brutout has extensive experience negotiating e-discovery agreements, including search term and custodian protocol and protective orders. Ms. Brutout also has extensive experience with all phases of litigation including witness preparation, depositions, summary judgment and trial preparation in cases where millions of electronic records have been produced. She has also been involved with resolving complex domestic and international discovery issues, including obtaining document discovery and deposition testimony internationally.

Publications

Co-Author, “Defining the Schedule Expert’s Role, Scope, and Approach: Key Considerations for Coordination Between Attorneys and Experts,” The Construction Lawyer, Fall 2017

Professional Activities

• American Bar Association, Construction Law Section
• Allegheny County Bar Association

Honors

Pittsburgh’s Super Lawyers “Rising Star” E-Discovery (2016)

Representative Engagements

• Represented a leading specialty metals supplier in litigation relating to construction of a hot rolling and processing facility as both litigation counsel and lead e-discovery counsel.  During the discovery phase of the case, the parties and subpoenaed non-parties produced more than 1.7 million documents without any e-discovery-related motions practice.
• Trial counsel in successful insurance coverage action for coal supplier relating to ocean marine cargo policy claim for lost coal.
• Represented contractor in successful breach of contract action against architect and school district.
• Represented third-party energy supplier before Pennsylvania Public Utility Commission and in commercial disputes.
• Represented subcontractor in successful breach of contract action against contractor for work related to building a new access manhole for the Allegheny County Sanitary Authority.
• Represented contractor in action related to work it performed on service plazas on the Ohio Turnpike.  This representation included appeals to both the Pennsylvania Superior Court and the United States Court of Appeals for the Third Circuit. 
• Represented a leading manufacturer of nuclear power plants in Lanham Act and antitrust action relating to the sale of high technology products and services to customers located worldwide.  This representation included obtaining document and deposition testimony internationally.
• Represented national title insurance company in injunction against agent for breach of contract and fraud.
• Defended manufacturer of turbomachinery in action brought by former employee.
• Represented biosciences company in injunction for breach of contract.  This representation included overseeing the production of tens of thousands of electronic documents in the short period permitted under an accelerated discovery schedule for injunctive relief.