The speed and clarity with which institutions detect, escalate, investigate, and disclose cyber incidents directly influence the trajectory of litigation and regulatory scrutiny. Delays, ambiguities, or false or even incomplete notifications often become focal points in class-action claims, undermining institutional credibility. In the November 26, 2025 edition of The Legal…
A well-drafted ESI protocol defines production formats, metadata requirements, search terms, and privilege review procedures, reducing disputes and helping discovery move forward efficiently. In the November 20, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Understanding and Applying Local Rules When Drafting ESI Protocols.“ ESI protocols govern how parties preserve,…
Lawyers accustomed to relying on experience-based experts must now make the analytical path explicit. Credibility and cross-examination alone could rescue a thin factual basis or an implicit chain of reasoning. Admissibility is no longer a late-stage checkpoint. It is a threshold gate, and lawyers must plan accordingly from the outset…
The scope of what is considered to be “wrongdoing or waste” has been found to be relatively narrow by courts interpreting that statute, especially the U.S. District Court for the Middle of District of Pennsylvania. And the biggest hurdle to making a claim under the Pennsylvania Whistleblower Law is that…
The False Claims Act (FCA) can be a powerful tool to protect veteran health care in the wake of an uptick in private equity’s participation in the sector, in that it is now well-established that private equity companies and their principals can be held liable under the FCA. In the…
In the September 11, 2025 edition of Broad+Liberty, Kang Haggerty associate Ross Wolfe makes a compelling case for why Pennsylvania must adopt its own False Claims Act (FCA) in his article, The False Claims Act will fight fraud and save the taxpayers money. Wolfe’s article comes on the heels of…
Taken together, Mortimer and Dewberry define both opportunity and constraint. They confirm that Pennsylvania trial courts may develop an enterprise liability doctrine but also underscore that no amount of judicial sympathy can justify collapsing corporate distinctions without rigorous analysis. In the September 11, 2025 edition of The Legal Intelligencer, Edward…
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…
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…
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…