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…
Kang Haggerty News
Legal Intelligencer: Navigating the Shift: Understanding Modern Attachments in E-Discovery
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.” The development of new file-sharing techniques…
Legal Intelligencer: High Hopes for Hemp Derived THC-Infused Beverages
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…
Legal Intelligencer: FTC Ban on Noncompetes: Antitrust Implications of Agreements
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…
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…
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…
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…
Judge John W. Herron, Creator of the Commerce Court, Joins Kang Haggerty
Philadelphia, 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. Judge Herron…
Legal Intelligencer: Strategies for Successful Recovery of E-Discovery Expenses
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…
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…