As an initial matter, the government’s refusal to intervene in an FCA action does not strip a relator of his Article III standing in bringing an FCA action when the relator does not suffer an injury in fact. Qui tam actions present a “well-established exception” to the traditional Article III…
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information (ESI). The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance. In the August 8, 2024 Edition of The Legal…
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…
There are avenues through which parties can seek recovery of e-discovery expenses. Parties should understand the basis upon which courts will allow recovery of these costs and establish reasonable limits on the scope of discovery at the beginning of the litigation process. In the January 26, 2024 edition of The Legal…
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…