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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 ›

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On February 26, 2025, Law360 published an Expert Analysis authored by Kang Haggerty senior counsel Aaron Peskin, on How DOGE’s Severance Plan May Affect Federal Employees.

To say that President Donald Trump’s administration is off to a fast start would be quite the understatement. The administration, working through Elon Musk’s Department of Government Efficiency, is clearly looking to change how the federal government works by offering a mass severance package to roughly 2 million employees, which is virtually the entire federal workforce.

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

Posted in: Publications
Tagged: Law360
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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 ›

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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 ›

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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 ›

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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 ›

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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 ›

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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 ›

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Although hearsay evidence is generally prohibited, the definitional carve-outs and exceptions provide trial judges with the latitude to admit trustworthy evidence that would otherwise be excluded. Both the Pennsylvania Code and the Federal Rules of Evidence recognize such exceptions, but they approach their admissibility and use with distinct priorities and limitations.

In the October 17, 2024 edition of The Legal Intelligencer, Edward Kang writes, “A Word on Hearsay: Using Prior Statements Under Pennsylvania and Federal Rules.” Continue reading ›

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As an initial matter, the government’s refusal to intervene in an FCA action does not strip a relator of his Article III standing in bringing an FCA action when the relator does not suffer an injury in fact. Qui tam actions present a “well-established exception” to the traditional Article III analysis.

In the August 30, 2024 Edition of The Legal Intelligencer, Edward Kang writes, “Going It Alone: Can Whistleblowers Seek Corporate Veil-Piercing in Declined Cases?” Continue reading ›

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