Kang Haggerty NewsEdward T. Kang, Managing Member of Kang Haggerty LLC, and Oscar A. Gomez, Managing Partner of EPGD Business Law, recently co-presented a continuing legal education (CLE) webinar for Strafford BARBRI titled “Piercing the Corporate Veil: Updates Post Mortimer v. McCool.” The program is now available on-demand through Strafford’s CLE platform. Continue reading ›
Legal Intelligencer: Bad Character, Good Evidence: Reclaiming Character Evidence for Strategic Use in Civil Litigation
In the August 7, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Bad Character, Good Evidence: Reclaiming Character Evidence for Strategic Use in Civil Litigation.”
Character evidence has a paradoxical position in the law of evidence: deeply relevant in many cases, yet presumptively inadmissible. Under Federal Rule of Evidence 404 and its state counterparts, parties are generally barred from introducing evidence of a person’s character or character trait to argue that they acted in keeping with that character on a particular occasion. This is the so-called “propensity rule,” a prohibition on suggesting that someone did something simply because they are the sort of person who would. Rule 404(a)(1) codifies this general exclusion, and Rule 403’s balancing test, typically used to weigh probative value against prejudicial effect, is preempted in these cases by the categorical nature of the prohibition in Rule 404. There are exceptions, however. Continue reading ›
Law360 Expert Analysis Opinion: Walter Bourdaghs on Budget Act’s Deduction Limit Penalizes Losing Gamblers
On August 5, 2025, Law360 published an Expert Analysis-Opinion authored by Kang Haggerty associate Walter Bourdaghs on how the recent Budget Act’s Deduction Limit Penalizes Losing Gamblers (subscription required).
“Beginning Jan. 1, 2026, it will become extraordinarily difficult to be a professional gambler in the U.S.,” says Bourdaghs, who plays an occasional hand as an avid poker player in his free time. “Previously, gamblers were taxed only on their net profits. The bill amends the Internal Revenue Code so that gamblers will be allowed to deduct only 90% of their losses against their winnings. This will potentially lead to counterintuitive outcomes in which some gamblers owe taxes despite having had a net loss for the year.”
If you have any questions or would like to learn more, please contact Walter at Kang Haggerty.
Upcoming CLE Webinar: Ross Wolfe Presents on False Claims Act Pre-trial Strategy
On August 7, 2025, from 2:00–3:00 PM ET, Ross Wolfe will be a presenter for a Federal Bar Association Qui Tam Section webinar, False Claims Act Pre-trial Strategy. Continue reading ›
Legal Intelligencer: Justice at Scale: Class Action Settlements Must Deliver
In the July 17, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Justice at Scale: Class Action Settlements Must Deliver.”
In June 2024, U.S. District Judge Margo Brodie in the Eastern District of New York denied preliminary approval of a proposed $30 billion swipe-fee settlement between merchants and credit card giants Visa and Mastercard. At the last moment, despite nearly two decades of litigation and what appeared to be a monumental compromise, the deal fell through. The court criticized the sufficiency of relief compared to trial-level damages and noted that the proposed settlement inequitably benefited smaller merchants at the expense of larger ones. The court’s decision exemplifies heightened judicial scrutiny over class action settlements in recent years. It underscores the central tension in such cases: while such settlements can deliver mass redress, they must offer the class real, equitable benefits, not just symbolic fixes or compensation for counsel.
Legal Intelligencer: Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA
In the July 3, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA.”
It is common to see businesses marking Veterans Day with social media posts thanking service members for their service and sacrifices. It is notably less common for the same businesses to understand or honor their legal obligations to employees who are current or former members of the military. Too often, businesses discriminate against their employees who spend time serving in the uniformed services, such as the National Guard. While it is understandable that the employees’ time away from work could cause disruption at work (e.g., an employee spending six months on overseas service), the businesses need to understand that these employees provide vital functions for the public.
Legal Intelligencer: Revisiting ‘Zubulake’ 20 Years Later
In the June 19, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Revisiting ‘Zubulake’ 20 Years Later.”
Introduction
It has been 20 years since Judge Shira A. Scheindlin issued the landmark Zubulake decisions, a series of rulings that profoundly reshaped e-discovery practices in federal litigation. At a time when electronically stored information (ESI) was rapidly expanding and began to overwhelm traditional discovery practices, Zubulake addressed critical issues related to preservation, production, and cost-allocation. These decisions expanded the definition of ESI, established new standards for attorney oversight, and set a precedent for holding both parties and their attorneys accountable for failing to fulfill their e-discovery obligations. This article revisits Zubulake and explores its enduring impact on e-discovery standards and practices, as well as the significant developments that have occurred since these pivotal decisions.
Chambers USA Recognizes Edward Kang, Henry Donner in 2025 Edition
Kang Haggerty proudly congratulates Managing Member Edward T. Kang and Of Counsel Henry Donner on their inclusion in the 2025 edition of Chambers USA, the premier legal data and analytics provider.
Kang Haggerty Attorneys Named to Super Lawyers & Rising Star Lists for 2025
Kang Haggerty LLC is pleased to announce that five of its attorneys have been selected for the 2025 Pennsylvania Super Lawyers and Rising Stars lists. Continue reading ›
Legal Intelligencer: Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing
In the May 22, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing.”
It is not in boldface. It does not appear in the indemnity clause. And it is rarely the lead count in a complaint. But the implied covenant of good faith and fair dealing arises from a duty that is embedded in every contract, and a breach of the implied covenant claim can be a powerful tool in litigation. Too often, litigators make the mistake of tacking on a breach of implied covenant as a boilerplate claim or abandoning it in response to a motion to dismiss. Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith advantage. In complex business disputes, especially those involving strategic behavior that may evade a literal breach, a well-pleaded covenant claim may be the best—or only—path forward. Continue reading ›