Publications Category Archives — Kang Haggerty News Published By Kang Haggerty LLC

Legal Intelligencer: From Vulnerability to Liability: Understanding Today’s Cyber Claims and Enforcement

November 26, 2025 | Edward T. Kang

The speed and clarity with which institutions detect, escalate, investigate, and disclose cyber incidents directly influence the trajectory of litigation and regulatory scrutiny. Delays, ambiguities, or false or even incomplete notifications often become focal points in class-action claims, undermining institutional credibility.

In the November 26, 2025 edition of The Legal Intelligencer, Edward Kang writes, “From Vulnerability to Liability: Understanding Today’s Cyber Claims and Enforcement.” Continue reading ›

Legal Intelligencer: Understanding and Applying Local Rules When Drafting ESI Protocols

November 20, 2025 | Kelly Lavelle

A well-drafted ESI protocol defines production formats, metadata requirements, search terms, and privilege review procedures, reducing disputes and helping discovery move forward efficiently.

In the November 20, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Understanding and Applying Local Rules When Drafting ESI Protocols.” Continue reading ›

Legal Intelligencer: Method, Not Mystique: The Renewed Demands of Rule 702

November 20, 2025 | Edward T. Kang

Lawyers accustomed to relying on experience-based experts must now make the analytical path explicit. Credibility and cross-examination alone could rescue a thin factual basis or an implicit chain of reasoning. Admissibility is no longer a late-stage checkpoint. It is a threshold gate, and lawyers must plan accordingly from the outset of a case.

In the November 20, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Method, Not Mystique: The Renewed Demands of Rule 702.” Continue reading ›

Legal Intelligencer: POWER Act—A Philadelphia Game Changer

November 10, 2025 | Aaron L. Peskin

The scope of what is considered to be “wrongdoing or waste” has been found to be relatively narrow by courts interpreting that statute, especially the U.S. District Court for the Middle of District of Pennsylvania. And the biggest hurdle to making a claim under the Pennsylvania Whistleblower Law is that the employer must be a “public body.”

In the November 10, 2025 edition of The Legal Intelligencer, Aaron Peskin writes, “POWER Act—A Philadelphia Game Changer.” Continue reading ›

Legal Intelligencer: Lincoln’s Law, One of the Most Powerful Tools to Combat Fraud on the Government, Is Under Attack

October 24, 2025 | Edward T. Kang and Kandis Kovalsky

The False Claims Act (FCA) can be a powerful tool to protect veteran health care in the wake of an uptick in private equity’s participation in the sector, in that it is now well-established that private equity companies and their principals can be held liable under the FCA.

In the October 23, 2025 edition of The Legal Intelligencer, Edward T. Kang and Kandis L. Kovalsky co-authored, “The False Claims Act (FCA) can be a powerful tool to protect veteran health care in the wake of an uptick in private equity’s participation in the sector, in that it is now well-established that private equity companies and their principals can be held liable under the FCA.” Continue reading ›

Fighting Fraud in Pennsylvania: Ross Wolfe Advocates for a State False Claims Act

September 15, 2025 | Kang Haggerty LLC

In the September 11, 2025 edition of Broad+Liberty, Kang Haggerty associate Ross Wolfe makes a compelling case for why Pennsylvania must adopt its own False Claims Act (FCA) in his article, The False Claims Act will fight fraud and save the taxpayers money. Continue reading ›

Legal Intelligencer: No End-Run Piercing: Lessons From ‘Mortimer’ and ‘Dewberry’

September 11, 2025 | Edward T. Kang

Taken together, Mortimer and Dewberry define both opportunity and constraint. They confirm that Pennsylvania trial courts may develop an enterprise liability doctrine but also underscore that no amount of judicial sympathy can justify collapsing corporate distinctions without rigorous analysis.

In the September 11, 2025 edition of The Legal Intelligencer, Edward Kang writes, “No End-Run Piercing: Lessons from ‘Mortimer’ and ‘Dewberry.’” Continue reading ›

Legal Intelligencer: Bad Character, Good Evidence: Reclaiming Character Evidence for Strategic Use in Civil Litigation

August 7, 2025 | Edward T. Kang

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 404 and its state counterparts, parties are generally barred from introducing evidence of a person’s character or character trait to argue that they acted in keeping with that character on a particular occasion. This is the so-called “propensity rule,” a prohibition on suggesting that someone did something simply because they are the sort of person who would. Rule 404(a)(1) codifies this general exclusion, and Rule 403’s balancing test, typically used to weigh probative value against prejudicial effect, is preempted in these cases by the categorical nature of the prohibition in Rule 404. There are exceptions, however. Continue reading ›

Law360 Expert Analysis Opinion: Walter Bourdaghs on Budget Act’s Deduction Limit Penalizes Losing Gamblers

August 6, 2025 | Walter O. Bourdaghs

On August 5, 2025, Law360 published an Expert Analysis-Opinion authored by Kang Haggerty associate Walter Bourdaghs on how the recent Budget Act’s Deduction Limit Penalizes Losing Gamblers (subscription required).

“Beginning Jan. 1, 2026, it will become extraordinarily difficult to be a professional gambler in the U.S.,” says Bourdaghs, who plays an occasional hand as an avid poker player in his free time. “Previously, gamblers were taxed only on their net profits. The bill amends the Internal Revenue Code so that gamblers will be allowed to deduct only 90% of their losses against their winnings. This will potentially lead to counterintuitive outcomes in which some gamblers owe taxes despite having had a net loss for the year.”

If you have any questions or would like to learn more, please contact Walter at Kang Haggerty.

Legal Intelligencer: Justice at Scale: Class Action Settlements Must Deliver

July 17, 2025 | Edward T. Kang

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 card giants Visa and Mastercard. At the last moment, despite nearly two decades of litigation and what appeared to be a monumental compromise, the deal fell through. The court criticized the sufficiency of relief compared to trial-level damages and noted that the proposed settlement inequitably benefited smaller merchants at the expense of larger ones. The court’s decision exemplifies heightened judicial scrutiny over class action settlements in recent years. It underscores the central tension in such cases: while such settlements can deliver mass redress, they must offer the class real, equitable benefits, not just symbolic fixes or compensation for counsel.