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Articles Tagged with Legal Intelligencer

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As technology continues to advance, legal professionals should embrace TAR as an invaluable tool in the search for efficient, accurate, and cost-effective legal document review.

In the October 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Technology-Assisted Review: A Superior Approach in Legal Document Review.”

Technology-assisted review (TAR) has changed how lawyers manage and analyze vast volumes of electronic data in the ever-changing landscape of legal document review. Traditionally, search terms have been the preferred method in the e-discovery process. However, TAR is rapidly emerging as a superior alternative, offering numerous benefits over conventional search terms in legal document review. Continue reading ›

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Because jurisdictions vary widely in their treatment of deposition break conferences, practitioners should not assume that conversations with clients during deposition breaks will be covered by attorney-client privilege.

In the October 12, 2023 Edition of The Legal Intelligencer, Edward Kang wrote “Jurisdiction Matters: Things to Consider Before Consulting With Clients During Depositions“. Continue reading ›

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Although Rule 408 does preclude some settlement evidence from being admitted in litigation, it is a mistake, and potentially a dangerous one, to believe that any documents or communications bearing the label of “For Settlement Purposes Only” will necessarily fall within the scope of Rule 408. Lawyers must have a clear understanding of the limitations to Rule 408’s protection of settlement evidence.

In the August 31, 2023 Edition of The Legal Intelligencer, Edward Kang wrote “Not a Blanket Protection: Understanding Limits of Protections for Settlement Evidence“. Continue reading ›

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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 ›

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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 ›

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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 ›

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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 ›

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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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Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim into a contract—abundantly clear. Yet, many courts in Pennsylvania continue to misapply the doctrine.

In the March 9, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine“

Continue reading ›

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On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice.

In the January 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote “Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery” Continue reading ›

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