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In the June 19, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “Revisiting ‘Zubulake’ 20 Years Later.”

Introduction

It has been 20 years since Judge Shira A. Scheindlin issued the landmark Zubulake decisions, a series of rulings that profoundly reshaped e-discovery practices in federal litigation. At a time when electronically stored information (ESI) was rapidly expanding and began to overwhelm traditional discovery practices, Zubulake addressed critical issues related to preservation, production, and cost-allocation. These decisions expanded the definition of ESI, established new standards for attorney oversight, and set a precedent for holding both parties and their attorneys accountable for failing to fulfill their e-discovery obligations. This article revisits Zubulake and explores its enduring impact on e-discovery standards and practices, as well as the significant developments that have occurred since these pivotal decisions.

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In the May 22, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing.”

It is not in boldface. It does not appear in the indemnity clause. And it is rarely the lead count in a complaint. But the implied covenant of good faith and fair dealing arises from a duty that is embedded in every contract, and a breach of the implied covenant claim can be a powerful tool in litigation. Too often, litigators make the mistake of tacking on a breach of implied covenant as a boilerplate claim or abandoning it in response to a motion to dismiss. Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith advantage. In complex business disputes, especially those involving strategic behavior that may evade a literal breach, a well-pleaded covenant claim may be the best—or only—path forward. Continue reading ›

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In the corporate world, contracts are more than just formalities; they’re the foundation of trust, accountability, and successful partnerships. It is important to draft agreements thoughtfully and in an manner that avoids exposing a business to unexpected or inadequately assessed risks. On Thursday, May 15, 2025, Kang Haggerty’s Jacklyn Fetbroyt returns as a faculty member for the National Business Institute’s next seminar – The Contract Strategist’s Guide to Complex Deal Drafting and Negotiations: Assessing and Allocating Risk. This live virtual seminar will help legal professionals hone their contract drafting skills by assessing multiple factors related to the trade to help them better serve their clients. This all-day presentation is available to stream live or watch OnDemand. To learn more about the NBI seminar or to register, click here.

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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.

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In the April 17, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Civil RICO Gets Personal—Supreme Court Allows Recovery of Economic Harm Deriving From Personal Injury.”

The U.S. Supreme Court’s recent decision in Medical Marijuana v. Horn expands the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO), clarifying that injuries to business or property that derive from personal injuries may, under some circumstances, constitute a compensable injury. Historically, courts have read RICO’s civil enforcement provisions narrowly, excluding economic losses deriving from personal injury. Horn reverses this trend, opening new possibilities for plaintiffs for recovery.

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Kang Haggerty Senior Counsel Aaron Peskin is quoted in a Philadelphia Inquirer article by reporter Ariana Perez-Castells on the impact of recent federal layoffs impacting governmental employees in the Philadelphia area. Continue reading ›

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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.

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