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 the court to declare and of what the court may have to decide.

In the June 20, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “The Whole Truth: Addressing Hypothetical Questions to Lay and Expert Witnesses.” Continue reading ›

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.” Continue reading ›

With strict adherence to regulatory requirements and a commitment to producing safe and effective products, THC-infused beverage companies can take advantage of interstate commerce, standard banking and payment processing solutions, and e-commerce marketing tools.

In the May 7, 2024 edition of The Legal Intelligencer, Justin Serianni wrote, “High Hopes for Hemp Derived THC-Infused Beverages.” Continue reading ›

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 the May 17, 2024 edition of The Legal Intelligencer, Edward T. Kang wrote, “FTC Ban on Noncompetes: Antitrust Implications of Agreements.”

Continue reading ›

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 Garabedian co-authored “Big Troubles – Little Governments.Continue reading ›

The Federal Bar Association blog recently published, Immersed in Knowledge and Passion: A Young Lawyer’s First Federal Bar Association Qui Tam Conference, authored by Kang Haggerty associate Sofia Calabrese.

In the post, Sofia writes about the experience as a first-time attendee at the conference, and her takeaways in “immersing herself” in the world of the whistleblower practice.

The Federal Bar Association (FBA), founded in 1920, is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. FBA members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors.

Understanding the concept of hearsay and its application to ESI evidence is crucial for practitioners to navigate the complexities of evidentiary rules effectively.

In the March 21, 2024 edition of The Legal Intelligencer, Edward T. Kang wrote “When Hearsay Meets ESI: Navigating Evidence Rules in the Digital Age.” Continue reading ›

The Corporate Transparency Act (the “CTA”) is a new federal law that became effective on January 1, 2024. Aiming to provide law enforcement with the tools and information to detect, prevent, and punish financial misconduct via business entities, this new law requires certain businesses to report “Beneficial Ownership Information” (or BOI) to the US Department of the Treasury’s Financial Crimes and Enforcement Network (FinCEN). Since failure to comply with these new obligations could bring civil and criminal penalties, it is essential for business owners to be informed of the law and to comply with the CTA’s reporting requirements. Continue reading ›

Headshot of Judge Herron in libraryPhiladelphia, PA (February 13, 2024):  Kang Haggerty LLC is pleased to announce that former Court of Common Pleas Administrative Judge John W. Herron (Ret.) has joined the firm’s Dispute Resolution practice group as Of Counsel. He will be a neutral providing mediation, arbitration, and discovery dispute resolution services. Continue reading ›

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 Intelligencer, Kelly Lavelle wrote, “Strategies for Successful Recovery of E-Discovery Expenses.” Continue reading ›

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