Ethical issues in e-discovery arise due to the unique challenges and the complex nature of electronic data. The ethical challenges presented demand careful consideration and require lawyers to remain competent in emerging technology and the implications on e-discovery.
In the August 10, 2023 Edition of The Legal Intelligencer, Kelly Lavelle wrote “Beware of Ethical Issues in Today’s E-Discovery Landscape.” Continue reading ›
The Supreme Court recently issued its opinion in Yegiazaryan v. Smagin affirming the Ninth Circuit’s holding and providing RICO plaintiffs with a powerful tool against debtors employing fraudulent tactics to avoid payment.
In the July 20, 2023 Edition of The Legal Intelligencer, Edward T. Kang wrote “Sophisticated Schemers Beware: Civil RICO Expands Creditors’ Arsenal—Part II.” Continue reading ›
Courts will likely be grappling with questions regarding cryptocurrency for years to come—with the results from the suits against Binance and Coinbase potentially serving as guiding precedent in answering those questions.
In the July 6, 2023 Edition of The Legal Intelligencer, Edward T. Kang and Kandis L. Kovalsky co-authored, “Emerging ‘Securities’ Litigation in Cryptocurrency.” Continue reading ›
The statute does not define the term “resulting from,” which has led to differing interpretations of the causation standard required for an AKS violation to be considered a false claim under the FCA. The divergence of views among the circuit courts has created challenges for relators in proving causation. This column is part two of our earlier column relating to AKS and the causation standard.
In the June 15, 2023 edition of The Legal Intelligencer, Edward T. Kang and Kandis L. Kovalsky wrote “Fighting Fraud in Health Care Through the False Claims Act in the Third Circuit, Part 2“ Continue reading ›
The front page of The Philadelphia Inquirer’s business section on June 10, 2023, features an article from reporter Joseph N. DiStefano, “Vanguard and former tax lawyer are in mediation over wrongful termination lawsuit,” detailing the status of former Vanguard attorney David Danon’s whistleblower lawsuit against Vanguard. Continue reading ›
ESI often contains confidential data, such as trade secrets, financial information, and personal data, and attorneys need to be aware of their obligations to protect this information and prevent unauthorized disclosure.
In the June 8, 2023 edition of The Legal Intelligencer, Kelly A. Lavelle wrote “Safeguarding Data Privacy in the E-Discovery Process.” Continue reading ›
On June 1, 2023, the United States Supreme Court issued a unanimous opinion (authored by Justice Clarence Thomas), providing a long-awaited answer to the question of whether, under the Federal Claims Act (“FCA”), a defendant “knowingly” submits a false claim by reporting its retail cash price as its “usual and customary price” rather than the lower and more-common price offered through discount programs. The Seventh Circuit twice held that such reporting is not a “knowingly” false claim under the FCA because “a reasonable person” could reach a similar interpretation of “usual and customary price.” United States v. Supervalu Inc., 9 F.4th 455 (7th Cir. 2021); United States ex rel. Proctor v. Safeway, Inc., 30 F.4th 649 (7th Cir. 2022). The Supreme Court vacated the Seventh Circuit’s judgments and ruled that the FCA scienter requirement refers to a defendant’s knowledge and subjective beliefs – not to what an objectively reasonable person may have known or believed. United States ex rel. Shutte v. SuperValu Inc., 598 U.S. (2023) The Court also determined that facially ambiguous language is not a sufficient reason to prohibit a finding that a defendant knew its claims were false. Continue reading ›
In a recent Legal Intelligencer article, Phila. Attorneys Reach $9M Settlement for Whistleblower Claims the US Declined, Philadelphia-based litigation reporter Aleeza Furman detailed how Kang Haggerty attorneys secured a $9 million settlement with defendants in a False Claims Act qui tam lawsuit over the distribution of illegitimate fentanyl prescriptions. Continue reading ›
Kang Haggerty is pleased to announce that Edward T. Kang, Jacklyn Fetbroyt and Henry J. Donner have been selected to the 2023 Pennsylvania Super Lawyers list. Kandis L. Kovalsky, David R. Scott and Lauren C. Goodfellow have been selected to the 2023 Rising Stars list. Continue reading ›
Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights.
In the May 18, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Officers and Directors Should Seek Mandatory Advancement Provision“ Continue reading ›
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