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…
Ethical issues in e-discovery arise due to the unique challenges and the complex nature of electronic data. The ethical challenges presented demand careful consideration and require lawyers to remain competent in emerging technology and the implications on e-discovery. In the August 10, 2023 Edition of The Legal Intelligencer, Kelly Lavelle…
Courts will likely be grappling with questions regarding cryptocurrency for years to come—with the results from the suits against Binance and Coinbase potentially serving as guiding precedent in answering those questions. In the July 6, 2023 Edition of The Legal Intelligencer, Edward T. Kang and Kandis L. Kovalsky co-authored, “Emerging…
ESI often contains confidential data, such as trade secrets, financial information, and personal data, and attorneys need to be aware of their obligations to protect this information and prevent unauthorized disclosure. In the June 8, 2023 edition of The Legal Intelligencer, Kelly A. Lavelle wrote “Safeguarding Data Privacy in the…
In a recent Legal Intelligencer article, Phila. Attorneys Reach $9M Settlement for Whistleblower Claims the US Declined, Philadelphia-based litigation reporter Aleeza Furman detailed how Kang Haggerty attorneys secured a $9 million settlement with defendants in a False Claims Act qui tam lawsuit over the distribution of illegitimate fentanyl prescriptions. Furman…
Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights. In the May 18, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Officers and Directors Should Seek Mandatory Advancement Provision“ Advancement…
Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim…
On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice. In the January 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote “Impact of the Attorney-Client Privilege Purpose Requirement on…
Those plaintiffs counsel practicing in the Third Circuit should rejoice in knowing that RICO provides a powerful tool for creditors against debtors using fraudulent means to avoid paying. In the January 5, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Sophisticated Schemers Beware: Civil RICO Expands Creditors’ Arsenal“…
On November 7, 2022, The Legal Intelligencer announced its 2023 Young Lawyer Editorial Board, which includes Kang Haggerty Associate Kyle Garabedian. The Young Lawyer Editorial Board is comprised of 21 attorneys from across Pennsylvania tasked with writing articles on the most consequential issues facing young lawyers today. Member Kandis L.…