Articles Posted in Publications

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.” Continue reading ›

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 the May 17, 2024 edition of The Legal Intelligencer, Edward T. Kang wrote, “FTC Ban on Noncompetes: Antitrust Implications of Agreements.”

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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 Garabedian co-authored “Big Troubles – Little Governments.Continue reading ›

The Federal Bar Association blog recently published, Immersed in Knowledge and Passion: A Young Lawyer’s First Federal Bar Association Qui Tam Conference, authored by Kang Haggerty associate Sofia Calabrese.

In the post, Sofia writes about the experience as a first-time attendee at the conference, and her takeaways in “immersing herself” in the world of the whistleblower practice.

The Federal Bar Association (FBA), founded in 1920, is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. FBA members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors.

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.” Continue reading ›

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 BOI) to the US Department of the Treasury’s Financial Crimes and Enforcement Network (FinCEN). Since failure to comply with these new obligations could bring civil and criminal penalties, it is essential for business owners to be informed of the law and to comply with the CTA’s reporting requirements. Continue reading ›

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 David Against Corporate Goliaths: Named Plaintiffs’ Standing in Antitrust Class Actions.” Continue reading ›

Considering the difficulties for private plaintiffs to pursue and prevail on antitrust claims under the Sherman Act, Section 2, Epic’s win against Google carries significant consequences for platform operators’ liability under antitrust laws.

In the January 2, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “An Antitrust Storm Brewing in the Walled Gardens: Dissecting the Antitrust Claims in ‘Epic v. Google’.” Continue reading ›

Litigators preparing to qualify or challenge an expert witness must be ready to navigate several obstacles in admitting or excluding expert testimony. With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony.

In the November 22, 2023 edition of The Legal Intelligencer, Edward Kang wrote, “Battle of the Experts (Standards): ‘Frye,’ ‘Daubert’ and Federal Rule of Evidence 702.” Continue reading ›

Rule 106 is more than just an obscure procedural rule governing the timing of the introduction of statements. It is tied to the fundamental objective of the adversary system, enabling parties to deliver robust arguments that are forceful yet within the bounds of fairness.

In the November 2, 2023 edition of The Legal Intelligencer, Edward Kang wrote, “Use Rule 106 to Your Advantage: Introducing the Rest of the Story in Real Time

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