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Articles Posted in Publications

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Legal Intelligencer: Big Trouble—Little Governments

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…

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Immersed in Knowledge and Passion: A Young Lawyer’s First Federal Bar Association Qui Tam Conference

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”…

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Legal Intelligencer: When Hearsay Meets ESI: Navigating Evidence Rules in the Digital Age

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.” Evidence plays…

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Understanding Your Obligations under the Corporate Transparency Act

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…

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Legal Intelligencer: Collective David Against Corporate Goliaths: Named Plaintiffs’ Standing in Antitrust Class Actions

Antitrust claims can successfully navigate last decade’s reforms. As market concentration intensifies, especially in the technology sector, it is crucial for class counsel to adequately represent plaintiffs and bring antitrust class actions to safeguard their rights. In the January 23, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “Collective…

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Legal Intelligencer: An Antitrust Storm Brewing in the Walled Gardens: Dissecting the Antitrust Claims in ‘Epic v. Google’

Considering the difficulties for private plaintiffs to pursue and prevail on antitrust claims under the Sherman Act, Section 2, Epic’s win against Google carries significant consequences for platform operators’ liability under antitrust laws. In the January 2, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “An Antitrust Storm Brewing…

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Legal Intelligencer: Battle of the Experts (Standards): ‘Frye,’ ‘Daubert’ and Federal Rule of Evidence 702

Litigators preparing to qualify or challenge an expert witness must be ready to navigate several obstacles in admitting or excluding expert testimony. With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony.…

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Legal Intelligencer: Use Rule 106 to Your Advantage: Introducing the Rest of the Story in Real Time

Rule 106 is more than just an obscure procedural rule governing the timing of the introduction of statements. It is tied to the fundamental objective of the adversary system, enabling parties to deliver robust arguments that are forceful yet within the bounds of fairness. In the November 2, 2023 edition…

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Legal Intelligencer: Technology-Assisted Review: A Superior Approach in Legal Document Review

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)…

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Legal Intelligencer: Not a Blanket Protection: Understanding Limits of Protections for Settlement Evidence

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…