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…
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…
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…
In the June 19, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Revisiting ‘Zubulake’ 20 Years Later.” Introduction It has been 20 years since Judge Shira A. Scheindlin issued the landmark Zubulake decisions, a series of rulings that profoundly reshaped e-discovery practices in federal litigation. At a time when electronically…
In the May 22, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing.” It is not in boldface. It does not appear in the indemnity clause. And it is rarely the lead count in a complaint. But the…
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…
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…
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…
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…
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…