In the June 19, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Revisiting ‘Zubulake’ 20 Years Later.”
Articles Tagged with Legal Intelligencer
Legal Intelligencer: Where Do I Have to Go to Get a Decent Beer?—State of Taprooms in Pa. and NJ in 2025
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 year 2024 saw the first decline in the overall number of craft breweries nationwide since 2005. There are a lot of factors that have led to this decline, including the rise of hard seltzers, RTD (ready to drink) cocktails, and even the rise of recreational cannabis. With all of that said, Pennsylvania has both recently either passed new laws or reinterpreted existing ones to be friendlier to those in the business of brewing beer.
Legal Intelligencer: Shifting the Balance: Use Offer of Judgment in Litigation
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 decisive tool in bringing cases to a more efficient resolution.
In the March 20, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Shifting the Balance: Use Offer of Judgment in Litigation.” Continue reading ›
Legal Intelligencer: Litigating the Written Word: Parol Evidence Rule and the Gist of the Action Doctrine in Fraud Claims
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 is essential for practitioners to craft persuasive arguments.
In the January 17, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Litigating the Written Word: Parol Evidence Rule and the Gist of the Action Doctrine in Fraud Claims.” Continue reading ›
Legal Intelligencer: The Importance of Federal Rule of Evidence 502 and Its Impact on Privilege
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 the growing risks of inadvertent disclosure in the era of e-discovery. The rule acknowledges the practical challenges of privilege review and aims to reduce the associated costs and uncertainties.
In the January 30, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “The Importance of Federal Rule of Evidence 502 and Its Impact on Privilege.” Continue reading ›
Legal Intelligencer: EB-5 Immigration Investor Program: a Win-Win Program, or Is It?
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 Win-Win Program, or Is It?” Continue reading ›
Legal Intelligencer: Stacked Decks and Sealed Deals: How Arbitration Tilts the Scales
While vigorous efforts have been made to push the courts to interpret the Federal Arbitration Act (FAA) with an increasingly broad preemptive scope, effectively overriding state laws designed to regulate arbitration, recent decisions underscore that courts are not willing to uphold arbitration agreements when fairness and justice might be compromised. Legitimate concerns surrounding arbitration are prompting more judicial scrutiny—a trend worth examining.
In the December 20, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Stacked Decks and Sealed Deals: How Arbitration Tilts the Scales.” Continue reading ›
Legal Intelligencer: Don’t Settle for the Minimum: Finding Constitutional Claims Closer to Home
The U.S. Constitution, which remains the bedrock of American civil rights, serves to establish a minimum level of protection that states are bound to uphold. Some state constitutions provide more expansive and detailed protections for state residents—meaning that rather than treating state constitutional claims as an afterthought, litigants can center their claims on state constitutions when those state constitutions offer more favorable grounds to secure their rights.
In the November 27, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Don’t Settle for the Minimum: Finding Constitutional Claims Closer to Home.” Continue reading ›
Legal Intelligencer: Civil RICO’s Expanding Reach: From Foreign Schemes to Lost Employment
Some recent cases, such as Yegiazaryan v. Smagin and Medical Marijuana v. Horn, show that the courts are grappling with the statute’s injury requirement and might expand the sense of hope for plaintiffs.
In the November 7, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Civil RICO’s Expanding Reach: From Foreign Schemes to Lost Employment.” Continue reading ›
Legal Intelligencer: An Employer’s Rule 34 ‘Possession, Custody and Control’ Over ESI on ‘BYOD’ Devices
Until the circuit split regarding Rule 34 “control” over ESI possessed by a third party is resolved, determining an employer’s obligation to preserve and produce ESI contained on an employee’s personal mobile device that is used for work-related purposes will remain murky waters.
In the October 24, 2024 edition of The Legal Intelligencer, Beth Hurley wrote, “An Employer’s Rule 34 ‘Possession, Custody and Control’ Over ESI on ‘BYOD’ Devices.” Continue reading ›