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…
Articles Posted in Publications
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…
Legal Intelligencer: Where Do I Have to Go to Get a Decent Beer?—State of Taprooms in Pa. and NJ in 2025
In the May 12, 2025 edition of The Legal Intelligencer, Aaron Peskin writes, “Where Do I Have to Go to Get a Decent Beer? —State of Taprooms in Pa. and NJ in 2025.” It is fair to say that the craft beer boom of the 2010s is largely over. The…
Legal Intelligencer: Shifting the Balance: Use Offer of Judgment in Litigation
Offers of judgment encourage settlement by shifting litigation risks to the party that refuses a reasonable settlement offer, thus forcing the party to carefully assess whether proceeding to trial is worth the financial risk. Offers of judgment, if used properly, can provide strategic leverage in negotiations and serve as a…
Aaron Peskin Provides Law360 Expert Analysis on How DOGE’s Severance Plan May Affect Federal Employees
On February 26, 2025, Law360 published an Expert Analysis authored by Kang Haggerty senior counsel Aaron Peskin, on How DOGE’s Severance Plan May Affect Federal Employees. To say that President Donald Trump’s administration is off to a fast start would be quite the understatement. The administration, working through Elon Musk’s…
Legal Intelligencer: Litigating the Written Word: Parol Evidence Rule and the Gist of the Action Doctrine in Fraud Claims
Two doctrines frequently arise in Pennsylvania jurisprudence when addressing disputes between the parties to a contract: the parol evidence rule and the gist of the action doctrine. While each serves a distinct purpose, their application often overlaps, especially in fraud cases between the parties to a contract. Understanding both rules…
Legal Intelligencer: The Importance of Federal Rule of Evidence 502 and Its Impact on Privilege
Federal Rule of Evidence 502 governs the treatment of inadvertent disclosures of privileged attorney-client communications or work-product materials. While Rule 502 is an evidence rule, the cases interpreting and applying it focus on its impact on the scope of discovery. Enacted by Congress in 2008, it was designed to address…
Legal Intelligencer: EB-5 Immigration Investor Program: a Win-Win Program, or Is It?
Each country has its own business sensibilities, many of which are more focused on interpersonal relationships or norms that do not always line up with the United States’ more formalistic business practices. In the February 6, 2025 edition of The Legal Intelligencer, Kyle Garabedian writes, “EB-5 Immigration Investor Program: a…
Legal Intelligencer: Stacked Decks and Sealed Deals: How Arbitration Tilts the Scales
While vigorous efforts have been made to push the courts to interpret the Federal Arbitration Act (FAA) with an increasingly broad preemptive scope, effectively overriding state laws designed to regulate arbitration, recent decisions underscore that courts are not willing to uphold arbitration agreements when fairness and justice might be compromised.…
Legal Intelligencer: Don’t Settle for the Minimum: Finding Constitutional Claims Closer to Home
The U.S. Constitution, which remains the bedrock of American civil rights, serves to establish a minimum level of protection that states are bound to uphold. Some state constitutions provide more expansive and detailed protections for state residents—meaning that rather than treating state constitutional claims as an afterthought, litigants can center…