Pennsylvania has unique procedures for raising and preserving issues for appeal after trial that could “surprise” many unsuspecting practitioners, especially those who do not practice regularly in the commonwealth. In the July 18, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “Better Safe Than Sorry: Filing Post-Trial Motions…
Civil RICO is seen as “the litigation equivalent of a thermonuclear device,” and civil RICO claims are often employed in complex, high-stakes litigation. In the July 5, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “From Mobsters to Fraudsters: Clearing the Bar for Civil RICO Claims.“ When I…
Hypothetical questions can help facilitate conversations on judgments about the perceived likelihood or potential consequences of an event or an action. They can also help reveal hidden or flawed assumptions. Supreme Court justices, for instance, often use hypothetical questions to test the outer boundaries of what the advocate is asking…
Despite the growing prevalence of the use of hyperlinks, only a handful of courts have addressed the issue of modern attachments to date. In the June 10, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Navigating the Shift: Understanding Modern Attachments in E-Discovery.” The development of new file-sharing techniques…
As a growing body of academic literature asserts, noncompetes are restraints against competition, and they are harmful to both employees and the economy. As one of the major levers that the federal government has over the economy, antitrust laws can provide significant deterrence to abuse of noncompetes by employers. In…
While asserting claims in federal court against local government is a powerful tool, it is one that should be used sparingly and carefully. Like most other litigation, such claims come with significant risks and financial costs. In the April 12, 2024 edition of The Legal Intelligencer, Edward Kang and Kyle…
The Federal Bar Association blog recently published, Immersed in Knowledge and Passion: A Young Lawyer’s First Federal Bar Association Qui Tam Conference, authored by Kang Haggerty associate Sofia Calabrese. In the post, Sofia writes about the experience as a first-time attendee at the conference, and her takeaways in “immersing herself”…
Understanding the concept of hearsay and its application to ESI evidence is crucial for practitioners to navigate the complexities of evidentiary rules effectively. In the March 21, 2024 edition of The Legal Intelligencer, Edward T. Kang wrote “When Hearsay Meets ESI: Navigating Evidence Rules in the Digital Age.” Evidence plays…
The Corporate Transparency Act (the “CTA”) is a new federal law that became effective on January 1, 2024. Aiming to provide law enforcement with the tools and information to detect, prevent, and punish financial misconduct via business entities, this new law requires certain businesses to report “Beneficial Ownership Information” (or…
Antitrust claims can successfully navigate last decade’s reforms. As market concentration intensifies, especially in the technology sector, it is crucial for class counsel to adequately represent plaintiffs and bring antitrust class actions to safeguard their rights. In the January 23, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “Collective…