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Articles Tagged with Legal Intelligencer

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Metadata can reveal information about a document’s origin, authorship, transmission, modification, and use that may not be apparent from the document itself. This broader understanding of metadata illustrates why limiting requests to a handful of standard load-file fields may overlook metadata that is far more significant to the claims and defenses at issue.

In the June 11, 2026 edition of The Legal Intelligencer, Kelly Lavelle writes, “Metadata Attorneys Are Not Asking for (but Should Be).” Continue reading ›

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For practitioners advising EB-5 investors, capital recovery is rarely as simple as filing a breach-of-contract claim against a regional center or a new commercial enterprise (NCE). EB-5 disputes sit at the intersection of federal immigration law, federal and state securities regulation, partnership and LLC governance, and, increasingly, fraud-based statutory regimes.

In the May 14, 2026 edition of The Legal Intelligencer, Edward Kang writes, “When the American Dream Stalls: Litigation Strategies for EB-5 Investors Seeking the Return of Their Capital.” Continue reading ›

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The U.S. Court of Appeals for the Ninth Circuit just disrupted that assumption. In Adventist Health System of West v. AbbVie, the court revived a qui tam action alleging systemic overcharges under 340B and, in doing so, made a critical point: the absence of a private right of action under 340B does not insulate manufacturers from liability under the False Claims Act (FCA).

In the April 16, 2026 edition of The Legal Intelligencer, Edward Kang writes, “No Private Right? No Problem: Ninth Circuit Lets 340B Pricing Claims Proceed Under the False Claims Act.” Continue reading ›

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While suing individual owners, officers, or directors alongside their corporate entities can work to a plaintiff’s advantage, this strategy carries a distinct risk: juries may personalize the corporate defendants, leading to smaller verdicts.

In the March 26, 2026 edition of The Legal Intelligencer, Edward Kang and Kandis Kovalsky co-authored, “Taking a Plaintiff’s Case to the Next Level, Part II: It Does Not Always Take Two—Why Naming Individuals as Defendants Is Not Always the Best Strategy.” Continue reading ›

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Before privilege or production issues arise, the more basic inquiry is whether the information was ever confidential in the first place. This question is particularly significant in e-discovery, where electronically stored information generated by AI systems may later become discoverable.

In the March 19, 2026 edition of The Legal Intelligencer, Kelly Lavelle writes, “AI Systems and the Question of Confidentiality.” Continue reading ›

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Strategic practitioners do not need to treat entity liability as the finish line; they may treat it as a starting point. Holding individual owners or officers personally liable—whether as partners, corporate actors, alter egos, or signatories—fundamentally alters the litigation landscape.

In the February 19, 2026 edition of The Legal Intelligencer, Edward Kang and Kandis Kovalsky co-authored, “Taking a Plaintiff’s Case to the Next Level: Holding Individuals Liable Under Pennsylvania Law.” Continue reading ›

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This technological shift has triggered a parallel evolution in law. The conversation now spans from reforming Rule 901 to proposing a new Federal Rule of Evidence 707 specifically for AI-generated evidence. Simultaneously, ethics regulators are clarifying that lawyer competence requires understanding these technologies.

In the January 7, 2026 edition of The Legal Intelligencer, Edward Kang writes, “Authenticity Under Pressure: Rethinking Rule 901 in the Age of AI.” Continue reading ›

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The speed and clarity with which institutions detect, escalate, investigate, and disclose cyber incidents directly influence the trajectory of litigation and regulatory scrutiny. Delays, ambiguities, or false or even incomplete notifications often become focal points in class-action claims, undermining institutional credibility.

In the November 26, 2025 edition of The Legal Intelligencer, Edward Kang writes, “From Vulnerability to Liability: Understanding Today’s Cyber Claims and Enforcement.” Continue reading ›

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A well-drafted ESI protocol defines production formats, metadata requirements, search terms, and privilege review procedures, reducing disputes and helping discovery move forward efficiently.

In the November 20, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Understanding and Applying Local Rules When Drafting ESI Protocols.” Continue reading ›

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Lawyers accustomed to relying on experience-based experts must now make the analytical path explicit. Credibility and cross-examination alone could rescue a thin factual basis or an implicit chain of reasoning. Admissibility is no longer a late-stage checkpoint. It is a threshold gate, and lawyers must plan accordingly from the outset of a case.

In the November 20, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Method, Not Mystique: The Renewed Demands of Rule 702.” Continue reading ›

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